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POLICY

Global Academic Centers: Conduct Process and Procedures

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                                 Global Academic Center / Campus:                                                                                          Student Conduct Process and Procedures
 
The following policies and procedures are those by which alleged violations of University student conduct policies that arise at one of the New York University Study Away sites will be reviewed and resolved. [Please note that these procedures do not apply in matters of complaints of alleged sexual misconduct (e.g. sexual assault, relationship violence, and/or sexual harassment). Such complaints are addressed through the process for Reporting, Investigating, and Resolving Sexual Misconduct, Relationship Violence, and Stalking Complaints Against Students.]
 
I. Study Away Site Student Conduct Process:
 

A) Initiation of Disciplinary Process                                                                                  Upon receipt of a report or complaint concerning an alleged violation of University policies or standards applicable to student conduct, a designated officer for the Site will review the materials and initiate a student conduct action.

B) Consideration of Interim Suspension:
If, in the judgment of the Site Director or equivalent administrator (or his/her designee), a student’s behavior is deemed to be disruptive to the personal or academic well-being of members of the University community, including, but not limited to, threatening or causing injury to the health or safety of self or others, to University property, to the maintenance of public order, or to the effective continuation of the educational process at the site, the Director may recommend to the Vice President of Student Affairs (in non-academic matters) or the Dean of the School in which the student is enrolled (in academic matters) an interim suspension of the student from the Site, including residential and/or academic programs and facilities, pending the resolution of the matter through an appropriate University student conduct process. When this occurs, the student shall be afforded the opportunity to expedite disciplinary proceedings so that the matter may be resolved at the earliest possible time. The period of interim suspension shall be deducted from any final sanction involving suspension. A student who has been subject to interim suspension and who is found “not responsible” shall be allowed full opportunity to make up any work that was missed due to the suspension.  Should the student be a visiting student, NYU may notify the college or university in which the visiting student is permanently enrolled.

C) Review by Designated Officer:
An administrator or faculty member at the Site who has been assigned to review the case will commence an investigation by speaking with the student who is the subject of the complaint, the complainant or person who prepared the report, and other individuals believed to have been involved or to have knowledge of the matter. Based on a review of the available evidence, the designated judicial or student affairs representative shall take one of the following courses of action:

1) Informal Resolution: The Designated Officer, in consultation with the Site Director/ local NYU leadership, may elect to resolve minor infractions through informal (non-judicial) interventions including, but not limited to, mediation, education, administrative, verbal warning, etc.

2) Formal Resolution: The Designated Officer may elect to resolve violations via the imposition of the following Site/Program disciplinary sanctions which shall be presented in a letter sent to the student within 7 working days of the initial meeting, if at all possible.

Site/Program Sanctions Available to the Designated Officer

• Written Warning: A notice of admonishment to the student, orally or in writing, that continuation or repetition of the conduct found wrongful, or participation in similar conduct, within a period of time stated in the warning, shall be a cause for disciplinary action.
• Restriction: Exclusion from participation in designated privileges, University activities, or rights and services for a specified period of time. May be permanent or for a designated time period.
• Site Probation: A status imposed upon the student for a designated period of time and setting forth the consequences should it be determined that the student has engaging in specified behavior during that time period.
• Persona Non Grata: Restrictions on access to designated areas of the Site or presence at designated University events and activities. May be permanent or for a designated time period.
• Relocation in Site Sponsored Housing: Mandatory reassignment from one residence hall or room to another residence hall or room.
• Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
• Restricted Interaction: Mandate to cease all efforts to communicate or interact with a designated member of the University community including, but not limited to, in-person conversations, telephone calls or messages, notes, cards, packages, letters, e-mail messages, social media, or efforts to communicate through third parties or by non-verbal means. May be permanent or for a designated time period.
• Community Service: Completion of a designated task, project, or service activity intended to foster awareness, educate, or make amends for one’s misconduct
• Education: A student may be required to complete an educational experience intended to educate the student on matters associated with the incident in which he/she was involved.
• Assigning Failing Grade: Assigning a grade of F to appear on the student transcript for a particular course.

3) Referral: When an alleged behavior/violation is considered to be of such a nature that the potential appropriate disciplinary intervention may warrant the imposition of sanctions that exceed the sanctioning authority of the Designated Officer, as noted above, the matter shall be referred to the Site Judicial Panel or the Site Director/ local NYU leadership.

D) Review by a Site Judicial panel (not available at all Sites) –

1) Review: Upon referral by the Designated Officer, the Site Director/ local NYU leadership will convene a three person review panel to be drawn from the Site faculty, administration, and student body (a student representative is desirable but not required). The panel will promptly review the matter according to such procedures as the members of the panel deem appropriate provided that the student is afforded sufficient time (not earlier than 7 days after notification unless the student agrees otherwise) to prepare for the hearing and offered the opportunity to address the allegations. The Panel shall review the information provided by the Designated Officer, meet with the student and others as deemed necessary, and make a recommendation to the Site Director regarding their findings and any Site/Program sanctions thought to be applicable within 3 working days of concluding the review.

2) Recommended Site/Program Sanctions Available to the Panel:

• Written Warning: A notice of admonishment to the student, orally or in writing, that continuation or repetition of the conduct found wrongful, or participation in similar conduct, within a period of time stated in the warning, shall be a cause for disciplinary action.
• Restriction: Exclusion from participation in designated privileges, University activities, or rights and services for a specified period of time. May be permanent or for a designated time period.
• Site Probation: A status imposed upon the student for a designated period of time and setting forth the consequences should it be determined that the student has engaging in specified behavior during that time period.
• Persona Non Grata: Restrictions on access to designated areas of the Site or presence at designated University events and activities. May be permanent or for a designated time period.
• Relocation in Site Sponsored Housing: Mandatory reassignment from one residence hall or room to another residence hall or room.
• Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
• Restricted Interaction: Mandate to cease all efforts to communicate or interact with a designated member of the University community including, but not limited to, in-person conversations, telephone calls or messages, notes, cards, packages, letters, e-mail messages, social media, or efforts to communicate through third parties or by non-verbal means. May be permanent or for a designated time period.
• Community Service: Completion of a designated task, project, or service activity intended to foster awareness, educate, or make amends for one’s misconduct
• Education: A student may be required to complete an educational experience intended to educate the student on matters associated with the incident in which he/she was involved.
• Assigning Failing Grade: Assigning a grade of F to appear on the student transcript for a particular course.
• Suspension from Site Sponsored Housing: Exclusion from living in and/or visiting any/all Site sponsored residence facilities for a specified period of time. [At most Sites, living in Site sponsored housing is mandatory. Thus, suspension from housing is tantamount to a dismissal from the Study Away Program at that Center/Campus. This sanction shall not be imposed without consultation with the Dean of the School in which the student is enrolled and the Office of Global Programs]
• Dismissal from the Site and Study Abroad Program: Immediate dismissal from the program and Center/Campus.. [this sanction shall not be imposed without consultation with the Dean of the School in which the student is enrolled and the Office of Global Programs]
• Assigning Failing Grade: Assigning a grade of F to appear on the student transcript for a particular course.

3) Review of Recommendation by Site Director/local NYU leadership and Notification:
The Director shall review the recommendation made by the panel and decide whether the findings and suggested sanctions are warranted. The Director may take one of the following courses of action:

a) Accept the recommendations of the Panel and communicate the decision to the student in a letter setting forth the findings and sanctions within 3 working days of receiving the panel’s report.

b) In consultation with the Dean of the School in which the student is enrolled in academic matters or the Director of the Office of Community Standards in non-academic matters, modify the recommendations of the Panel. Such modifications may include extending a Site-Program sanction issued by the panel to a University level sanction or noting the disciplinary action on the student’s transcript. The Director will communicate the decision to the student in a letter setting forth the findings and sanctions within 3 working days of receiving the panel’s report. (In matters involving visiting students, the Site Director has the authority to impose all sanctions.)

E) Review by the Site Director/local NYU leadership:
Upon referral by the Designated Officer, the Site Director will promptly review the matter according to such procedures as he/she deems appropriate provided that the student is afforded sufficient time (not earlier than 7 days after notification unless the student agrees otherwise) to prepare for the hearing and offered the opportunity to address the allegations. The Director will review the information provided by the Designated Officer and take one of the following courses of action:

1) Manage the Case at the Location/Campus by Conducting an Individual Hearing:
Meet with the students/others involved and make a determination as to whether the accused student violated Site or University policies and any sanctions thought to be applicable. The Director shall communicate the decision to the student in a letter setting forth the findings, including the imposition of any of the following Site-Specific sanctions available to the Director:

Sanctions available to the Director are as follows:
• Written Warning: A notice of admonishment to the student, orally or in writing, that continuation or repetition of the conduct found wrongful, or participation in similar conduct, within a period of time stated in the warning, shall be a cause for disciplinary action.
• Restriction: Exclusion from participation in designated privileges, University activities, or rights and services for a specified period of time. May be permanent or for a designated time period.
• Site Probation: A status imposed upon the student for a designated period of time and setting forth the consequences should it be determined that the student has engaging in specified behavior during that time period.
• Persona Non Grata: Restrictions on access to designated areas of the Site or presence at designated University events and activities. May be permanent or for a designated time period.
• Relocation in Site Sponsored Housing: Mandatory reassignment from one residence hall or room to another residence hall or room.
• Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
• Restricted Interaction: Mandate to cease all efforts to communicate or interact with a designated member of the University community including, but not limited to, in-person conversations, telephone calls or messages, notes, cards, packages, letters, e-mail messages, social media, or efforts to communicate through third parties or by non-verbal means. May be permanent or for a designated time period.
• Community Service: Completion of a designated task, project, or service activity intended to foster awareness, educate, or make amends for one’s misconduct
• Education: A student may be required to complete an educational experience intended to educate the student on matters associated with the incident in which he/she was involved.
• Assigning Failing Grade: Assigning a grade of F to appear on the student transcript for a particular course.
• Suspension from Site Sponsored Housing: Exclusion from living in and/or visiting any/all Site sponsored residence facilities for a specified period of time. [At most Sites, living in Site sponsored housing is mandatory. Thus, suspension from housing is tantamount to a dismissal from the Study Away Program at that Center/Campus. This sanction shall not be imposed without consultation with the Dean of the School in which the student is enrolled and the Office of Global Programs]
• Dismissal from the Site and Study Abroad Program: Immediate dismissal from the program and Center/Campus. [this sanction shall not be imposed without consultation with the Dean of the School in which the student is enrolled and the Office of Global Programs]
• Assigning Failing Grade: Assigning a grade of F to appear on the student transcript for a particular course.

University Level Sanctions: In consultation with, and on behalf of, the Dean of the School in which the student is enrolled in academic matters or the Director of the Office of Community Standards in non-academic matters the Site Director may also make the above sanctions University level and/or impose University level sanctions. (In matters involving visiting students, the Site Director//local NYU leadership has the authority to impose all sanctions.) Additional University level sanctions may include, but are not limited to, the following:

• University Housing Probation: A status setting forth the terms that shall apply should the student be determined to have again engaged in violative behavior.
• University Housing Deferred Suspension: A status setting forth that should the student be determined to have again engaged in violative behavior, he/she will be subject to suspension or dismissal from University housing.
• University Disciplinary Probation: A status setting forth the terms that shall apply should the student be determined to have violated specified University Rules of Conduct during the period of probation.
• Suspension of University Privileges: Exclusion from specified extracurricular activities or other programs/privileges or suspension of other rights and services typically afforded University students as set forth in the notice of disciplinary probation for a specified period of time.
• Persona Non Grata: Restrictions on access to designated areas of the University or on one’s presence at designated University events and activities. May be permanent or for a designated time period.
• Restricted Interaction: Mandate to cease all efforts to communicate or interact with a designated member of the University community including, but not limited to, in-person conversations, telephone calls or messages, notes, cards, packages, letters, e-mail messages, or efforts to communicate through third parties or by non-verbal means. May be permanent or for a designated time period.
• Transcript Notation: A notation affixed to a student’s internal or external transcript indicating his/her involvement in a disciplinary proceeding. May be permanent or for a designated time period.

2) Refer the Matter to a Central University Office:

a) Should any of the following circumstances exist, the Site Director/local NYU leadership has the discretion to refer a matter directly to the appropriate office in New York:

• When an alleged behavior/violation is considered to be of such a nature that the potential appropriate disciplinary intervention may warrant the imposition of sanctions that exceed the sanctioning authority of the Site Director, as noted above.

• In the event that the precipitating incident occurred so late in the semester that resolution at the Site was precluded.

• In the event of the existence of other circumstances that make it impractical to conduct the conduct process at the site/location.

b) Referral Offices

• Matters involving allegations of academic policy violations may be referred for adjudication directly to the Office of the Dean of the School in which the accused student is enrolled. The case will be reviewed in accordance with the policies and procedures of the applicable School.

• Matters involving allegations of non-academic policy violations may be referred for adjudication directly to the Office of Community Standards and Compliance. The case will be reviewed in accordance with the policies and procedures of that Office.

F) Review by University Central Office:

1) Academic Matters: The results of all academic policy disciplinary decisions shall be communicated to Office of the Dean of the School in which the student is enrolled and are subject to review by that office with respect to whether the sanctions imposed at the Academic Site should be extended to all University Centers/campuses. If the sanctions are determined to be applicable to all University Centers/campuses, the student shall be notified in writing of that decision and the related implications.

2) Non-Academic Matters: The results of all non-academic policy disciplinary decisions shall be communicated to the Office of Community Standards and subject to review by that office as to whether the sanctions imposed at the Academic Site should be extended to all University Centers/campuses. If the sanctions are determined to be applicable to all University Centers/campuses, the student shall be notified in writing of that decision and the implications.

3) Visiting Students: In disciplinary matters involving a visiting student whose home institution is other than New York University, NYU reserves the right to inform the appropriate office at that institution of the results of all disciplinary decisions involving that student.

G) Site Appeal Process: Students may request an appeal review of a decision made at any level by submitting a letter to the Site Director/local NYU leadership within 5 working days of the date of the notification letter. The letter must request an appeal on one of the following grounds and include the remedy sought. The appeal must be accompanied by supporting documentation. The appeal review will be concluded in a timely manner (typically within 14 working days of the receipt of the request if at all possible) and the student will be notified in writing of the decision.

1) Appeal Procedure:

a) The appeal review of decisions rendered by the Designated Officer will be conducted by the Site Director.
b) The appeal review of decisions rendered by a judicial panel will be conducted by the Site Director/local NYU leadership.
c) The appeal review of a decision rendered by the Site Director will be forwarded to the Office of Global Programs in New York and referred to the Office of Community Standards (for non-academic matters) or to the Office of the Dean in which the student is enrolled (in academic matters).

2) Grounds for an Appeal: An appeal must be based on one of the following:

a) Substantive new exculpatory evidence has become available that was not known to the designated investigator or the accused student at the time of the initial review.
b) There was a fundamental procedural error in the manner in which the case was managed that was of such magnitude that it had the effect of rendering the process unfair.
c) The decision reached and/or the sanctions imposed were arbitrary or exceeded the nature of the violation.

3) Appeal Process and Decision:

a) An appeal review does not consist of a new hearing, rather it involves a review of the letter of appeal, the accompanying supporting documentation, and the initial proceedings.
b) The appeal officer may call upon the appellant and/or others, as needed, for additional information or clarification.
c) An appeal may have three possible outcomes:

• The appeal is denied and the decision remains as issued.
• The sanctions imposed in the matter are to be modified as deemed appropriate by the Site Director/local NYU leadership
• A new hearing/review on the matter is to be conducted by a panel or administrator not involved in the initial case.

F) Disciplinary Records.

1) All student conduct actions taken at a Global Academic Center/Campus may be reported to the Office of Community Standards, the Dean of the School in which the student is enrolled or the home institution of a visiting student.

2) Student Conduct actions are considered to be New York University disciplinary matters and, as such, are part of the student’s educational record.

 

 

 

Notes
  1. Dates of official enactment and amendments:
  2. History: blank
  3. Cross References: blank

About This Policy

Effective Date: October 01, 2014
Supersedes: Procedures dated August 2013
Issuing Authority: Office of the Vice President for Student Affairs
Responsible Officer: Director of Community Standards and Compliance
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