Student Organization Conduct Procedures
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Title: Student Organization Conduct Procedures
Effective Date: Aug. 19, 2019
Supersedes: Student Organization Conduct Procedures (2018)
Issuing Authority: Senior Vice-President for Student Affairs
Responsible Officer: Director, Office of Student Conduct and Community Standards
Statement of Policy
The following procedures are those by which alleged violations of New York University (“NYU” or the “University”) policies by registered student organizations will be reviewed and resolved.
To Whom the Policy Applies
While all registered student organizations must abide by applicable NYU policies, only student organizations overseen by the Center for Student Life and the Stern School of Business shall be adjudicated under these procedures. Allegations against student organizations that are not overseen by these units will be addressed by the appropriate unit or department.
Policy and Procedures
I. APPLICABIILTY OF PROCEDURES
These procedures apply to alleged violations by student organizations of the University Student Conduct Policy. Generally, these procedures do not apply to incidents that are solely violations of administrative policies of the Center for Student Life, Student Activities Board, or the Stern School of Business. However, the Office of Student Conduct may, in its discretion, investigate and adjudicate such incidents under Section III, Part T of the University Student Conduct Policy (see Part IV of these procedures).
These procedures do not apply to allegations of sexual misconduct, relationship violence, or stalking. Such allegations are administered under the University’s Sexual Misconduct, Relationship Violence, and Stalking Policy. Allegations of conduct that could constitute a violation of both the University’s Sexual Misconduct, Relationship Violence, and Stalking Policy and the University Student Conduct Policy will be administered according to the Sexual Misconduct, Relationship Violence, and Stalking Policy.
II. CRITERIA FOR ORGANIZATIONAL AND INDIVIDUAL RESPONSIBILITY
Student organizations and their leaders and members may be held both collectively and individually responsible for violations of the University Student Conduct Policy. The Office of Student Conduct will determine appropriate charges. Criteria used to determine whether to pursue disciplinary action against an organization may include but are not limited to:
· Whether the alleged incident occurred at or in connection with an organization-sponsored event or activity or at an event or activity that would reasonably be associated with the student organization;
· Whether the organization’s leaders and/or members are alleged to have encouraged or consented to the alleged behavior;
· The affiliations and alleged involvement of individuals, including alums, in the incident; and
· Whether actions or lack of actions by the student organization contributed to the incident.
If a student organization is affiliated with a national or international organization, the Office of Student Conduct, the Center for Student Life, and/or appropriate office may notify the national/international office at any time. The Office of Student Conduct and/or notifying office may attempt to work in partnership with the national/international office.
III. INTERIM MEASURES
The Office of Student Conduct, in consultation with the Center for Student Life or other administrative unit overseeing the student organization, may issue interim measures pending consideration of the case through these procedures. Interim measures may include but are not limited to: an order for the organization to cease and desist all activities and operations, no contact orders, and loss of privileges. The need for appropriate interim measures will vary between cases and is dependent upon but not limited to factors such as: the physical and/or mental health or safety of the community, including an organization’s own members, the maintenance of the public order, and/or the effective continuation of the education process. Failure to abide by interim measures is a separate violation of the University Student Conduct Policy.
IV. FORUMS FOR RESOLUTION
Upon receipt of a report of alleged misconduct, the Office of Student Conduct shall review the matter and determine the appropriate forum for resolution. Forums for resolution are not sequential nor mutually exclusive. Factors considered when determining the appropriate resolution forum include but are not limited to: the nature of the allegations and what policy or policies may have been violated, the effect of the incident on the University community, the disciplinary history of the organization, and the cooperation of the organization’s leaders and members.
A. REFERRAL TO THE ADVISING UNIT
The matter may be referred to the Center for Student Life or Stern School of Business. The president of the organization and appropriate designees will meet with a staff member as appropriate from the advising unit to discuss the matter and share their perspectives. Outcomes in this forum may include informal resolutions or referrals to the Student Activities Board or other internal unit procedures.
B. INVESTIGATION AND CONDUCT CONFERENCE WITH THE OFFICE OF STUDENT CONDUCT
The matter may be addressed by the Office of Student Conduct. Notice of any interim measures will be sent to the president of the student organization and members, if appropriate. The scope, format, and timeline of investigations will vary depending upon the nature of the allegations. The Office of Student Conduct may conduct investigation meetings in collaboration with the Center for Student Life or other relevant offices. Interviews may be conducted with select or all organization members, either individually or in groups, at the discretion of the Office of Student Conduct.
At the conclusion of any investigation, a written request to schedule a conduct conference will be sent to the president of the student organization detailing the date and location of the incident (if applicable), nature of the alleged conduct, and applicable policies alleged to have been violated. The conduct conference will be with one or more staff members from the Office of Student Conduct and may include staff from other NYU offices, at the discretion of the Office of Student Conduct. During the conduct conference, the president (and/or any other designees) shall be provided the opportunity to respond to the allegations.
After the conduct conference, the Office of Student Conduct will make a determination, based on a preponderance of the evidence, as to whether the organization violated the policies as charged. If a violation of policy has been found, the Office of Student Conduct will then determine appropriate sanctions (see Part V, below).
The president of the organization will be notified in writing of the findings and any sanctions imposed (if applicable). While timelines may vary based on the nature of the allegations and complexity of the investigation, the Office of Student Conduct will endeavor to issue a determination within approximately one month from the date of the conference. The president of the organization will be notified if an extension of this timeline is necessary.
As outlined below, sanctions may be imposed upon the finding of a violation of University policy.
Sanctions are not intended to be solely punitive and should be issued with a thoughtfulness toward educational outcomes. Sanctions shall be crafted in consideration of (i) the seriousness of the conduct, (ii) the corrective and learning opportunities for the organization, (iii) the prior conduct record of the organization, if applicable, (iv) the safety and well-being of harmed individuals and the community, (v) the desirability of treating similar conduct similarly, and (vi) the behavioral standards and values of New York University.
Warning: A notice to the organization in writing that continuation or repetition of the conduct found wrongful, or participation in similar conduct, shall be a cause for further disciplinary action.
Educational Assignment: An assignment to be completed by the organization’s leaders and/or the members of the organization within a specified time period. The assignment will be structured with the goal of fostering continued learning in relation to the violated policies.
Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
Restriction of Privileges: Exclusion from activities or other privileges for a specified period of time. This may include, but is not limited to, restrictions on recruitment, travel, space reservation, attendance at events, eligibility for awards or accolades, affinity housing, funding, or other privileges related to organizational status.
Removal of Leadership: One or more elected leaders may be removed from office. Those removed from office may not retain eligibility for other elected positions.
University Disciplinary Probation: A defined period of time during which further violation of any University policy by the organization will result in more serious disciplinary sanctions.
Suspension: Termination of an organization’s recognition and all related privileges for a specified period of time.
Expulsion: Permanent exclusion from recognition at the University and all related privileges.
Student organizations have the right to appeal the Office of Student Conduct’s determination of a policy violation and/or imposition of sanctions. Grounds for an appeal are limited to: (1) a material procedural error; (2) previously unavailable relevant evidence that could affect the outcome; and/or (3) the sanction being substantially disproportionate to the violation. Imposition of sanctions will be deferred pending an appeal, though any interim measures will remain in effect. The student organization must submit a written appeal to the Office of Student Conduct within five (5) business days from the date of the sanction letter. Appeals will be reviewed by the Senior Associate Vice President for Student Affairs or designee.
The appeal shall not consist of a new hearing, irrespective of change in the organization’s leadership, and will be limited to the documentation considered in the conduct conference and additional appeal materials submitted by the organization. The appeal officer, within their discretion, may schedule further meetings with the president of the organization or others as necessary. The appeal officer may accept the decision without modification; accept the decision but modify the sanction imposed; or remand the case for further proceedings. Upon the discovery of new previously unavailable information, which might have had a substantial bearing on the decision, the matter may be referred back to the Office of Student Conduct for consideration of the new information. If the appeal officer does not refer the case back for further consideration, the matter shall be deemed final.
The organization shall receive a written decision from the appeal officer generally within fifteen (15) business days of the submission of the appeal.
This procedure incorporates by reference the definitions of the University Student Conduct Policy.