Offenses

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A student conduct review may be initiated by New York Tech and sanctions imposed against any student or student organization found responsible for committing the following prohibited forms of conduct:

A. Academic Integrity

Violation(s) of New York Tech's Academic Integrity Policy (referred to later in this student handbook). All policies, procedures, and definitions applicable to other violations of the Student Conduct Code apply to violations of the Academic Integrity Policy, except as specified in that policy.

B. Alcohol

Violation(s) of New York Tech's Policy on Alcohol and Other Drugs, which may be found on the university website.

C. Conduct Unbecoming

Flagrant disrespect for persons, flouting of common standards of decency, behavior unbecoming of a New York Tech student, on or off campus, and/or continued behavior that demonstrates contempt for the generally accepted values of the intellectual community.

D. Computer Misuse
  1. Unauthorized access, entry, or use of a computer, computer system, network, software, password, account, or data.
  2. Unauthorized alteration or degradation of computer equipment, software, network, data, or system performance.
  3. Unauthorized copying, downloading, or distribution of computer software or data.
  4. Unauthorized use of New York Tech computer resources for commercial purposes or personal financial or other gain. This includes, but is not limited to, advertising a product or service on any internet site, fundraising, or advertising on behalf of unsanctioned non-New York Tech organizations, publicizing of unsanctioned non-New York Tech activities, the reselling of New York Tech resources, and the unauthorized use of New York Tech's name or logos. Use of New York Tech's network for any of these purposes, even if using their own personal computer, constitutes an offense.
  5. Posting of any inappropriate or unauthorized images, messages, text, sounds, or any other format on any internet site constitutes a violation of this code. Posts that are deemed offensive will be removed from New York Tech-sponsored social media accounts.
  6. Any other violation of New York Tech computer use and web policies, which can be found on the university website.
E. Disruptive Behavior
  1. Behavior that disrupts, impairs, interferes with, or obstructs the orderly conduct, processes, and functions of New York Tech or the rights of other members of the New York Tech community, including administration, disciplinary proceedings, athletic contests, or other New York Tech-sponsored events and activities conducted on or off campus.
  2. Behavior that disrupts, impairs, interferes with, or obstructs the orderly conduct, processes, and functions within an academic classroom or laboratory. This includes interfering with the academic mission of New York Tech or individual classroom or interfering with a faculty member's or instructor's role to carry out the normal academic or educational functions of the classroom or laboratory, including teaching and research.
  3. Behavior that is deemed reckless in that it creates a danger, real or perceived, to the safety of persons or property.
F. Drugs

Violation(s) of New York Tech's Policy on Alcohol and Other Drugs, which can be found on the university website.

G. Endangerment
  1. Physical violence toward another person or group.
  2. Behavior that endangers or threatens the mental or physical health, safety, or well-being of another person or group.
  3. Interference with the freedom of another person or group to move about in a manner considered lawful or reasonable within an educational community.
H. Failure to Comply
  1. Failure to comply with a request or directive of a New York Tech official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-New York Tech law enforcement official in the performance of their duty.
  2. Failure to comply with the final decision/sanctions rendered by a student conduct hearing or review body.
  3. Failure to comply with the final decision/sanctions rendered by a student conduct body in the timeframe put forth by the student conduct body.
  4. Failure to identify oneself and/or produce identification upon request by a New York Tech official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-New York Tech law enforcement official in the performance of their duty.
  5. Failure to comply with traffic rules and parking regulations in effect for each campus.
  6. Failure to comply with college policies concerning the registration of campus activities, student organizations, the use of college facilities, and public assembly.
I. Falsification/Fraud/False Testimony
  1. Providing false or misleading information to and/or withholding or omitting information from a New York Tech official or student conduct body.
  2. Providing false or misleading information and/or withholding or omitting information on college documents/records, including but not limited to admissions applications, grade transcripts, student identification, computer records, and other official documents.
  3. Misuse, reproduction, alteration, or forgery of any type of identification, document, key, or property of New York Tech or a New York Tech community member.
  4. Permitting another person to use one's New York Tech-related identification.
  5. Use of another person's New York Tech-related identification.
  6. Impersonation or misrepresentation, including acting on behalf of another person, group, or New York Tech without authorization or prior consent.
  7. Impersonation or misrepresentation, including acting on behalf of another person, group, or New York Tech, with or without prior consent, in such a manner to cause disruption.
  8. Providing a worthless check, money order, credit, or any monetary form in payment to New York Tech or to a member of the New York Tech community.
  9. Any other acts of falsification/fraud/false testimony.
J. Fire and Emergency Safety
  1. Action(s) that result in a fire or explosion, or the possibility of such an occurrence.
  2. Inappropriate activation of any emergency-warning equipment or the false reporting of any emergency.
  3. Removing, damaging, interfering, or tampering with fire safety or other emergency-warning equipment, including smoke detectors, extinguishers, sprinklers, and/or fire and door alarms.
  4. Failure to evacuate a New York Tech building, facility, or residence hall when a fire alarm is sounded.
  5. Interfering with the carrying out of emergency response and/or evacuation procedures.
  6. Items placed or hung from, or blocking, sprinklers or smoke detectors.
K. Harassment and/or Bullying (Other than Gender-Based Misconduct; see "p" below)
  1. Conduct, not of a sexual nature, (including, but not limited to, physical contact, verbal, graphic, written, or electronic communication), that creates an intimidating, hostile, or threatening environment for another person and/or group.
  2. Conduct, not of a sexual nature, regardless if via physical, verbal, graphic, written, or electronic communication, that threatens, harms, or intimidates another person and/or group, including, but not limited to, New York Tech personnel, student conduct body, or persons involved in student conduct processes.
  3. Conduct, whether passive or active, related to bystander behavior that supports acts of harassment or bullying.
  4. Conduct which otherwise violates New York Tech's Non-Discrimination and Discriminatory Harassment Policy.
L. Hazing

Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or discomfort, or that may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). Although hazing may be related to a person's initiation or admission into, or affiliation with, a student group or organization, it is not necessary to have direct proof that a person's initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. The actions of either active or associate members (inductees/pledges) of an organization may be considered hazing. Hazing includes, but is not limited to:

  1. Interference with a student's academic performance.
  2. Forced or coerced consumption of any food, alcohol, controlled substances, drugs, or any other substance.
  3. Forced or coerced physical activity.
  4. Deprivation of food or sleep.
  5. Kidnapping, including restricting a person to move about in a free and lawful manner.
  6. Physical abuse of any nature.
  7. Performing personal chores or errands for members.
  8. Verbal abuse or degradation, including yelling or demands.
  9. Assigning or endorsing pranks (e.g., stealing, harassing other organizations, defacing property, etc.).
  10. Any action or threatened action that would subject the individual to embarrassment, humiliation, or mental distress, including the use of demeaning names or games.
  11. Any additional definitions of hazing as set forth by New York State or local hazing laws.
M. Housing Violations

Violations of policies, rules or regulations specific to residence life as outlined in the Residential Community Living Standards, which can be found on the university website.

N. Littering

Dispersing litter in any form or from any point on New York Tech grounds, property, or facilities, including the throwing of objects out of windows or the dispensing of cigarette butts, flyers, cans, bottles, etc.

O. Rollerblades/Skates/Bicycles

The use or operation of rollerblades, skates, skateboards, bicycles, mopeds, hoverboards, etc. inside all of New York Tech facilities (e.g., libraries, classrooms, hallways, student unions, etc.). This also includes the hallways, balconies, courtyards, lounges, and lobbies of residential facilities owned, operated, or leased by New York Tech. Outdoor use of such items is prohibited if the activity or behavior is potentially harmful to others or property, if it interferes with the normal functioning of the academic community, or is expressly prohibited.

P. Violations of the Gender-Based Misconduct Policy

Violation(s) of the Gender-Based Misconduct and Title IX Policy.

Q. Shared Responsibility
  1. Failure to remove oneself from an area, room, place, or activity in which a violation of the Student Code of Conduct is occurring.
  2. Failure to appropriately notify New York Tech officials of a violation of the Student Code of Conduct.
  3. Attempting to commit, soliciting another to commit, aiding or abetting the commission of any conduct that is a violation of the Student Code of Conduct.
R. Smoking
  1. Pursuant to New York Public Health Law Article 13E (New York State Clean Indoor Act), Regulation of Smoking and Vaping in Certain Public Areas, smoking is prohibited in all New York Tech buildings and/or sections thereof, owned, leased, or operated by New York Tech. This includes, but is not limited to, classrooms, stairwells, bathrooms, offices, hallways, labs, roofs, libraries, common areas of residential facilities, or private areas of residential facilities where smoking is prohibited.
  2. Smoking is prohibited at the entrances and exits of New York Tech facilities or residence halls. Actions that cause smoke to enter into New York Tech facilities or residence halls are prohibited. Smoking is prohibited in all residence hall areas as of August 2008 per New York State Law.
S. Theft and Trespass
  1. Removal or use of the property or services of another person or of New York Tech without prior written consent or authorization
  2. Possession, use, or sale of property or services of another person or of New York Tech without prior written consent or authorization
  3. Entrance into any New York Tech building, office, area or residence hall unit, room, class, laboratory, or athletic field when or where not authorized
  4. Unauthorized use of New York Tech property for personal gain or personal business practices
  5. Unauthorized use of New York Tech's name or logos
T. Vandalism

Damage, destruction, or defacing of property of another person, group, or New York Tech.

U. Weapons, Firearms, Explosives
  1. The display, possession, or use of weapons or other dangerous items or apparently dangerous items (such as replica or simulated weapons), including but not limited to firearms, explosives, ammunition, knives, swords, blackjacks, martial arts weapons, and containers of noxious material.
  2. The use or discharge of firearms, explosives, ammunition, noxious material, and/or other objects or substances.
V. Other Violations
  1. Violations of other written expectations for students as members of New York Tech organizations
  2. Suspected or convicted violations of other federal, state, and/or local laws or ordinances