The following procedures are those by which alleged violations of the NYU University Student Conduct Policy by SPS noncredit students will be reviewed and resolved.
Non Degree Student Conduct Policy and Procedures
Statement of Policy
Policy and Procedures
I. APPLICABILITY OF 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 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.
Students with disabilities may request reasonable accommodations to facilitate their participation in the conduct process by contacting New York University’s Moses Center for Students with Disabilities at 212-998-4980 or firstname.lastname@example.org. Information about the Moses Center can be found at www.nyu.edu/csd. The Moses Center is located at 726 Broadway on the 3rd floor.
II. FORUMS FOR RESOLUTION
Upon receipt of a report of alleged misconduct, the program’s associate/divisional dean or designee will determine whether or not any violation of policy has occurred. If a violation of policy has occurred, the associate/divisional dean or designee shall review and address the behavior with the student, explain why the behavior is unacceptable, and issue a warning that if the unacceptable behavior continues, the matter will be referred to the Office of Student Affairs. In cases where the behavior is violent, threatening or where the misconduct might warrant suspension or dismissal, the matter will be referred immediately to the Office of Student Affairs.
All forums, as outlined below, are administered to ensure that any student accused of violating the NYU University Student Conduct policy (the “respondent”) is afforded a fair and impartial process. A respondent shall not be considered responsible for any violation of policy until after the appropriate process has concluded, including any appeals as permitted by policy.
A. INFORMAL RESOLUTION
In cases that are referred to the Office of Student Affairs, a conference will be arranged with the Associate Dean of Student Affairs and the Director of Student Affairs and/or their designees. Outcomes in this forum may include, but are not limited to, mentoring and coaching, conflict mediation, restorative justice, non-disciplinary intervention, and no contact directives.
B. CONDUCT CONFERENCE
The conduct conference is a meeting between the respondent and the Associate Dean of Student Affairs and the Director of Student Affairs or their designees. Written notice will be sent to the respondent detailing the date and location of the incident, nature of the alleged conduct, and applicable policies alleged to have been violated. The letter shall also provide the date, time and location for an individual meeting between the respondent and the Associate Dean of Student Affairs and the Director of Student Affairs or their designees. If, despite being notified of the date, time, and location of the conduct conference, the respondent is not in attendance, the administrator/s may proceed based on the information available and sanctions may be imposed.
During the meeting, the matter will be discussed and the student will share their perspective. The administrators may conduct such additional investigation as they deem appropriate. After the meeting, the Associate Dean of Student Affairs or designee will make a determination, based on a preponderance of the evidence, as to whether the respondent violated the NYU University Student Conduct policy. If a violation of policy has been found, the Associate Dean of Student Affairs or designee shall then determine appropriate sanctions. The Associate Dean of Student Affairs or designee shall issue a written decision to the respondent generally within ten (10) business days of the conduct conference. Sanctions issued after a conduct conference may include the full range of sanctions, including dismissal.
As outlined below, sanctions may be issued by the Associate Dean of Student Affairs or designee upon the finding of a violation of the NYU University Student Conduct 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 (1) the seriousness of the conduct, (2) the corrective and learning opportunities for the respondent, (3) the prior conduct record of the respondent (if applicable), (4) the safety and well-being of harmed individuals and the community,
(5) the desirability of treating similar conduct similarly, and (6) the behavioral standards and values of New York University. Sanctions that may be imposed include, but are not limited to:
Written Warning: A notice to the student in writing that continuation or repetition of conduct violations shall be a cause for further disciplinary action.
No Contact Directive: A directive ordering a student to refrain from any effort to contact, communicate or interact with another individual or group. This includes, but is not limited to: in person, in writing, by phone, by email, by texts or other electronic messaging, through social media, or through a third-party acting on the student’s behalf.
Mandatory Health Referral: A mandated assessment with qualified health professional to evaluate a student’s well-being and promote responsible decision making.
Restitution: Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
University Disciplinary Probation: A defined period of time during which further violation of any University policy will result in more serious disciplinary sanctions.
Transcript Notation: A notation affixed to a student’s transcript indicating their involvement in a disciplinary proceeding. The notation may be permanent or for a designated time period. Transcript notation options may read as follows: (a) censured after the finding of a code of conduct violation (b) suspended after the finding of a code of conduct violation.
Dismissal from the University: Termination of student’s enrollment and all related privileges with permanent exclusion from future enrollment; this option can be implemented with or without a Persona Non Grata (PNG) status.
Where the conduct found to have violated the Student Conduct Policy also constitutes a “crime of violence” as defined under New York State Education Law § 6444(6) and where the sanction(s) imposed included either a suspension or dismissal, or where a respondent withdraws with such charges pending and the disciplinary process is not completed, NYU shall impose the transcript notations as described above. In such circumstances, dismissal notations are permanent and suspension notations cannot be removed until at least one year following the conclusion of the suspension.
A respondent shall have the right to appeal a decision arising from a conduct conference to the Dean of the school or designee, only if the appeal falls under one of the following two categories: (1) a material procedural error; (2) previously unavailable relevant evidence that could affect the outcome. Appeals to the Dean of the school or designee must be submitted within five (5) days after the sanction has been issued by the Associate Dean of Student Affairs or designee.
Student conduct records are maintained in accordance with the University's Policy on Retention and Destruction of Records. Students may request to view their student conduct records by contacting the Office of the Registrar.