The Judicial Process
Conduct that is considered as disrupting or interfering with the educational or administrative functions of the University is subject to disciplinary action. Summarized below are the general "Rules of Conduct" with which students are expected to be familiar and abide. A more complete description of these policies may be found in the online edition of the 2007-2008 Student's Guide to NYU.
All members of the University Community - students, faculty members, and members of the staff - shall comply with city, state, and federal laws and ordinances affecting the maintenance of order on University premises.
- Conduct that is violative of such laws and ordinances occurring on University premises may be subject to both University discipline and public sanctions as circumstances may warrant or dictate.
- Conduct that is violative of such laws and ordinances occurring off-University premises will ordinarily not be subject to University discipline, unless such conduct seriously affects the interests of the University or the position of the member within the University community, or occurs in close proximity to University premises and is connected to violative conduct on University premises.
All members of the University Community are prohibited from engaging in conduct leading to or resulting in any of the following:
- Interference with or disruption of the regular operations and activities of the University.
- Denial of, or unreasonable interference with, the rights of others - including persons not members of the University community who are present as invitees or licensees - on University premises. These rights include the right of academic freedom as well as constitutionally protected rights.
- Injury to University property, real or personal.
- Unauthorized access to, or occupation of, nonpublic areas on University premises but not limited to classrooms, seminar rooms, laboratories, libraries, faculty and administrative offices, auditoriums, and recreational facilities.
- Unauthorized access to, or use of, personal property, including files and records.
- Recklessly or intentionally endangering mental or physical health or forcing consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
In addition to the Rules of Conduct that are discussed above, students also will be held to standards of conduct that are associated with policies that address matters of University-wide concern or are associated with the use of certain campus services. A more complete description of these policies may be found in the online edition of the 2007-2008 Student's Guide to NYU.
University Policies:
Students are subject to the terms of other University's policies. Examples are:
- Guidelines for the Use of University Facilities
- Policy on Substance Abuse and Alcoholic Beverages
- Guidelines for Dissent and Protest
- Policy on Photocopying Copyrighted Materials
- University Policy on Affirmative Action/Equal Opportunity
- Family Educational Rights and Privacy Act
- Policy on Smoking in University Facilities
- University Statement on HIV/ AIDS
- Anti-Harassment Policy
Departmental Policies:
Such policies may be based upon formal agreements with students and/or requirements that are imposed by external agencies associated with the student's utilization of that particular office or service. Examples of offices or departments which have such policies and procedures include the Financial Aid Office, the Academic Computing Facility, Coles Sports Center, Residence Education, Greek Life, Academic Departments, Clubs and Organizations, Bobst Library, and the Center for Students with Disabilities.
At NYU, there is no single office that handles all disciplinary cases. A case may be handled in one of several "jurisdictions" depending on several primary factors. An overview of the various jurisdictions is as follows:
The University's formal disciplinary system is comprised of two primary jurisdictions under which an alleged policy violation may be considered. If a matter affects only one School, disciplinary action is carried out by the faculty and officers of that School. If a matter affects more than one school, then disciplinary action is carried out under the authority of the University Senate, through its designee the Office of the Vice President for Student Affairs.
In addition to these two primary jurisdictions, if a matter involves a violation of the policies of a specific office/department which a student is obliged to follow with respect to his/her use of that particular office or service, and if the nature of the incident is relatively minor, then that office may take action as authorized, and in accordance with, its respective procedures. For example, the Residence Halls, Coles Sports Center, Bobst Library, and the Academic Computing Facility are examples of offices that may resolve complaints concerning behavior that relates to the student's use of the services offered or administered by that respective office. Questions regarding appropriate jurisdiction are referred to the University Office of Legal Counsel.
This information presented on this site is intended to provide readers with a summary of the related University policies and procedures and should not be construed to serve as a substitute for the actual regulations. Readers are advised to consult the online edition of the 2007-2008 Student's Guide to NYU to read the official University policies regarding the judicial process. |
On this page...
The process clearly allows for procedural variation among the respective jurisdictions, offices, or departments that may handle a disciplinary case. Some general "phases" in the disciplinary process that are common to most of the jurisdictions are summarized as follows:
- Initiation of the Formal Disciplinary Process: A disciplinary case is initiated only when a formal written "complaint" is filed by a student, an administrator, or a faculty member.
- Formal Notification of Charges: Written notification is sent to the student to notify him/her of the filing of the complaint.
- Consensual Resolution: Senate Policies and Procedures stipulate that an attempt first be made to resolve each case by consent. A Consensual Resolution involves a formal set of terms/conditions by which an accused student and the University mutually agree to resolve the matter in question without a Judicial Board Hearing. Other jurisdictions may include a similar procedural step.
- Judicial Board Hearing: If attempts to reach a consensual resolution fail, the matter is referred for a formal hearing. Depending on the jurisdiction, hearings may be conducted by an administrator, a panel of administrators, a peer panel, or a panel comprised of administrators and students. In matters of Senate jurisdiction, however, cases are referred to the University Judicial Board. A hearing panel of the University Judicial Board consists of one student, one faculty member, one administrator, and one Dean, each who of whom has been appointed by the University Senate. Regardless of the jurisdiction in which the matter is considered, basic due process guidelines are followed. Judicial Board Hearings are not open to the public, a tape recording is made of the hearing, and a student who is involved either as a complainant or who has been accused of violating a University policy may be accompanied by an advisor.
- Opportunity to Appeal: The student against whom a complaint has been filed may appeal the decision of a University Judicial Board Hearing Panel. Consult the Student's Guide to NYU for more information on the nature and basis of an appeal.
Although each Judicial Panel (and jurisdiction) has the right to determine the format of the hearing it is conducting, the typical format of a Judicial Board Hearing is as follows:
- Call to order
- Introduction of those present
- An overview of the hearing process, procedures, format, and the related rights and responsibilities of those involved
- Reading of the charges
- The complainant presents his/her case and witnesses
- The student alleged to have violated a policy presents his/her case and witnesses
- The Panel adjourns to deliberate; specifically to reach a conclusion as to whether the student violated the policy in question and with respect to what sanctions, if any, are to be imposed
- Notification of Sanctions: The accused student (and the complainant, in cases involving sexual or other assault) is notified, in writing, of the outcome of the hearing process within seven days of the hearing
|
