Student Code of Conduct: NYITCOM

The college has established policies that set minimum standards for student behavior. These standards are designed to achieve and support the educational mission and goals of NYIT College of Osteopathic Medicine, to create an environment where all students have the same opportunity to succeed academically, and to promote health and safety. Every student who accepts enrollment at NYIT College of Osteopathic Medicine thereby agrees to abide by the policies, rules, and regulations published by the college. In addition, all students are required to sign the statement of professionalism/code of conduct. The following policies, deemed the Student Code of Conduct, govern the conduct of all students at any NYIT College of Osteopathic Medicine campus or facility. The code is intended to preserve community standards including the pursuit of academic integrity, safety, health, and welfare of all members of the NYIT College of Osteopathic Medicine community.

The President of New York Institute of Technology is ultimately responsible for the administration of the Student Code of Conduct and all judicial processes for the students at NYIT College of Osteopathic Medicine. Administrative authority and responsibility for disciplinary policies and procedures is delegated to the Associate Dean of Student Administration who serves as the chief judicial officer at NYIT College of Osteopathic Medicine (see sections Judicial Bodies and Judicial Hearings below for details).

Students will be considered for disciplinary action whenever conduct that may be in violation of the Student Code of Conduct occurs on the NYIT College of Osteopathic Medicine campus or related facilities and/or conduct adversely affects the NYIT College of Osteopathic Medicine community. For violations that do not occur on NYIT College of Osteopathic Medicine campuses or related facilities, action will be considered if NYIT College of Osteopathic Medicine officials decide that institutional interests are involved. While similar jurisdictional principles apply to allegations of gender-based misconduct, Title IX requires a specific jurisdictional assessment as set forth in the Gender-Based Misconduct and Title IX Policy, which will control in those cases.

Disciplinary action may be initiated by NYIT College of Osteopathic Medicine and sanctions imposed against any student found responsible for committing the following prohibited forms of conduct:

A. Academic Integrity/Honesty

Non-compliance with the Academic/Integrity/Honesty Policy and NYIT College of Osteopathic Medicine Medical Student Professionalism Affirmation.

B. Alcohol and Other Drugs

• Use, possession, and sale of alcohol or drugs on campus premises or related facilities (Refer to New York Tech's Policy on Alcohol and Other Drugs).
• Use of alcohol or drugs in any way that could interfere with a student's clinical responsibilities.

C. Bullying and Cyber-Bullying

• Bullying is typically portrayed as aggressive behavior or intentional harm that is carried out repeatedly and over time and occurs within an interpersonal relationship characterized by an imbalance of power.
• Cyber-bullying is when an individual is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another person using the internet, interactive and digital technologies or mobile phones.

D. Computer Misuse

Unauthorized access, alteration or degradation of a computer, or computer system or network; use of NYIT College of Osteopathic Medicine computer resources for commercial purposes or personal or financial gain, even if the user is using their own personal computer; piracy of intellectual and commercial properties; posting any message which is libelous or defamatory; posting or transmitting any message, data, image or program which is indecent, obscene or pornographic; threaten, harass, stalk, abuse or otherwise violate the legal rights of others; use profane language; sharing, discussing, disseminating, and/or furnishing all or part of the contents of the COMLEX and USMLE exams.

Please note: NYIT College of Osteopathic Medicine has implemented a monitored board, and the college reserves the right to refuse to post, at any time, a message that violates NYIT College of Osteopathic Medicine policy. In cases where a user violates any of the terms of this policy, the college may, in addition to established Code penalties, temporarily or permanently deny access to any and all NYIT College of Osteopathic Medicine computing resources.

E. Discrimination or Discriminatory Harassment

• Discrimination or harassment on the basis of a legally protected class, as set forth in the Non-Discrimination and Discriminatory Harassment Policy. See Offense Section L. Gender-Based Misconduct below for sex-based offenses.

F. Disruptive Conduct

Behavior that:

• Disrupts, impairs, interferes with or obstructs the orderly conduct, processes and functions of the NYIT College of Osteopathic Medicine community or the rights of members of the NYIT College of Osteopathic Medicine community.
• Disrupts the education of others during lecture, laboratory and/or small group learning activities.
• Creates a danger, real or perceived, to the safety and health of persons or property.
• Causes, incites, or contributes to any disturbance (rioting) that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property.

G. Endangerment

Intentionally or recklessly endangering or threatening the mental or physical health, or well-being of any member of the college community or any visitor to the campus.

H. Failure to Comply

Non-compliance with any NYIT College of Osteopathic Medicine official regulation, policy, directive or a decision or sanction imposed.

I. Fabrication/Fraud/False Testimony

• Providing false and misleading information or withholding or omitting information from a NYIT College of Osteopathic Medicine official or judicial body or on any college documents or records or forms.
• Use of another person's identification for any purpose including but not limited to attendance monitoring.
• Permitting another person to use one's university-related identification.

J. Fire and Emergency Safety

Disobeying fire safety regulations, including not participating in all fire and emergency drills, and tampering with any fire alarm or equipment.

K. Participation in Unprofessional Acts

Participation in a dishonest/unprofessional act on or off campus.

Required Disclosure: If a medical student is arrested by law enforcement for any reason, the student is required to notify the Office of the Associate Dean of Student Administration within 30 days from the date of the original arrest.

L. Gender-Based Misconduct

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

As these allegations require involvement of the institution's Title IX Coordinator, wherever reference is made to the Title IX Coordinator in this Code of Conduct, NYITCOM may designate a Deputy Title IX Coordinator or other trained administrator with authority to take corrective action.

M. Smoking

Please refer to Facilities Information below.

N. HIPAA Violations

Discussion of patients, or the sharing of patient information and photos, as well as "friending" patients on any social media platform.

O. Social Media

NYIT College of Osteopathic Medicine recognizes the integral role of various social media platforms (Facebook, Twitter, Instagram, online blogs, etc.) as a means of communication and dissemination of information with individuals within and outside of the institution. As future physicians, NYIT College of Osteopathic Medicine students are expected to act with honesty and integrity in all their interactions and must respect the rights, privacy, and property of others.

Improper behavior on social media platforms may be subject to disciplinary action under the NYIT College of Osteopathic Medicine Student Code of Conduct. Offenses include the following prohibited forms of conduct:

• Anatomy Lab Policy: Posting of pictures with bodies of donors or discussion of confidential donor information that was shared with members of the Anatomy lab group only.
• Cyber Bullying: Any involvement in the harassment, humiliation, threatening or exploitation of another individual.
• Illegally accessing or unauthorized reporting of private, confidential, or proprietary student information or test information.
• Postings including indecent language or images on any NYIT College of Osteopathic Medicine affiliated site.

Any prohibited postings on NYIT College of Osteopathic Medicine affiliated sites will be removed immediately by site administrators. In addition to facing possible disciplinary action, repeated offenses will result in the student losing the privilege to participate in such sites.

This institution encourages students to involve themselves in activities that promote the medical school's vision and mission to the general public, but advises students to err on the side of caution when participating in social media platforms by staying current with privacy and copyright laws, conducting periodic online searches of themselves, and utilizing appropriate privacy settings.

P. Theft and Trespass

• Stealing or possession, without authorization.
• Unauthorized entrance into any building, office, laboratory, room, or area of the university or clinical site.

Q. Vandalism

Intentionally damaging of property, or acting in such a manner as to create a substantial danger to the safety of property.

R. Weapons, Firearms, Explosives

Using, displaying, possessing, or distributing any weapon of any type, including a firearm, knife, chukka sticks, or container of noxious material or any other thing that in any way could be construed as a weapon. Items for academic activities, such as dissection kits, lab equipment, multi-purpose tools etc. must be used solely for the purpose for which they were intended and not as a weapon of any kind.

S. Violations (Suspected or Convicted) of Other Federal, State and/or Local Laws or Ordinances

Students, faculty, and staff share in the responsibility for upholding the Student Code of Conduct. Every member of the NYIT College of Osteopathic Medicine community (whether directly involved or a third party who has seen or received information) is expected to report alleged violations of the code to the Associate Dean of Student Administration (for the NY campus), and initially to the Assistant Dean of Student Administration (for the AR campus). The timeliness of the report will be evaluated by the the Associate Dean of Student Administration in determining whether NYIT College of Osteopathic Medicine has appropriate jurisdiction.

Non-Retaliation Policy: No member of the NYITCOM community will be penalized or retaliated against in any way for participation in code of conduct or grievance processes.

Any member of the college community may report a possible violation to the Associate Dean of Student Administration by setting forth specific allegations that a student is in violation of any standard of this code. The Associate Dean of Student Administration joined by the Assistant Dean of Student Administration, or the designee(s), will commence a preliminary investigation to be conducted by meeting with the complainant or reporting party within five (5) business days, or as soon as reasonably possible after receiving the report. If this meeting results in a determination by the Associate Dean of Student Administration that charges are appropriate and proper jurisdiction exists, the accused student will be notified of the charges.

For allegations not involving gender-based misconduct, the format of the meeting and investigation will be determined by the Associate Dean of Student Administration, taking into account the identity of the source, the severity of the allegations, and the amount of additional information needed. Written notification to the accused student will occur within five (5) business days of the meeting with the complainant or reporting party, or as soon as reasonably possible thereafter. This notification will include description of the alleged violation, and the student's entitlement to an information meeting within five (5) business days of receipt of the notice of charges.

However, where allegations—either in whole or in part—involve gender-based misconduct, the notice and investigation will follow Appendix A: Notice and Investigation Procedures in gender-based misconduct Cases.

Information Meeting

At the information meeting, the student will be provided with:

• Details of the allegations and of the specific sections of the code alleged to be violated.
• Information related to the student's rights and responsibilities in the conduct process, including the right to accept responsibility for all charges and enter into an administrative hearing.
• An opportunity to understand all information in their student conduct file.

After the alleged student's information meeting, the student (and complainant, if applicable) have the right to send a written response to the charges within two (2) business days of the information meeting.

At the conclusion of the information meeting and any responses by either party, the Associate Dean of Student Administration will determine if a formal hearing is required. Gender-based misconduct cases will only use formal hearings, unless the parties agree to Informal Resolution as set forth in the Gender-Based Misconduct and Title IX Policy.

Students with disabilities requiring accommodations in the conduct process should notify the Associate Dean of Student Administration (or designee), in writing, as soon as possible in the conduct process to ensure timely implementation of accommodations.

A. Administrative Hearings

The administrative hearing will be conducted by the Associate Dean of Student Administration. Also present will be the Assistant Dean of Student Administration/Student Affairs at either campus location. Administrative hearings or summary resolutions are for the students electing to accept responsibility for the alleged violation and where the alleged violation is deemed appropriate for such a hearing. Administrative hearings will not be used in allegations of gender-based misconduct. Written decisions will serve as the official records of administrative hearings and will be sent to the individual who filed the charges and/or the student accepting responsibility for the violation within ten business days from the conclusion of the summary resolution.

B. Professionalism and Ethics Review Board

The Professionalism and Ethics Review Board is the judicial body that conducts formal hearings. The Professionalism and Ethics Review Board is made up of faculty members and administrators from both the New York and Arkansas campuses.

The burden of proof used in all conduct cases under this code is "preponderance of the evidence." The term "preponderance of the evidence" means that the evidence, considered as a whole, indicates that it is more likely than not that the alleged behavior did violate this Code of Conduct. The burden of proof rests with the institution throughout the process. The charged student is presumed to be not in violation, and their responsibility must be established to the satisfaction of the student conduct body by a preponderance of the evidence.

A. Hearing Notification

Students who request a formal hearing, or where one is required by the chair, will be afforded reasonable written notice at least five (5) business days prior to the hearing. The student may waive this right and request a hearing sooner, which will be subject to student conduct body availability. Written notice shall include:

1. A statement of the time, place, and nature of the hearing, including a description of whether the hearing will be conducted at NYIT College of Osteopathic Medicine with the parties physically present, or remotely.
   • If being conducted remotely, the notice will describe the technology/platform being used, which will ensure that the student conduct body and parties are able to simultaneously see and hear a party or witness while they are speaking.
   • Parties may request an in-person or remote hearing format, but it is ultimately within the discretion of the chair.
2. A statement of the nature of the case and of the forum under which it is to be heard.
3. A brief statement of the behavior of the student alleged to be in violation of this code that serves as the basis for the violation(s) being considered, including a list of the specific sections of the code that will be adjudicated and the potential sanctions that may result.
4. Information regarding hearing procedures and logistics, including the presence of other parties and/or witnesses at the hearing.
5. A statement that if the student fails to appear or provide adequate written notice prior to the scheduled hearing, the hearing may be held in the student's absence.
6. A statement that no student will be found responsible for a violation of the code solely because the student failed to appear before a student conduct body, and that the decision of the student conduct body will be determined based on all the documentation and testimony presented at the time of the hearing.

A student may request a hearing to be rescheduled once if proper notice is given, at least two (2) business days prior to the hearing, and for reasonable cause. A student requesting to reschedule after the first time may only do so at the sole discretion of the chair and under extraordinary circumstances.

B. Scope of Inquiry

A student's previous student conduct record from NYIT College of Osteopathic Medicine and any other past misconduct presented will only be considered at the discretion of the chair when deemed related to the present allegation, such as when a pattern of misconduct is alleged. However, after a student is found responsible for a violation of the code, any academic or previous disciplinary record may be considered when determining the appropriate educational sanction(s).

C. Disciplinary Consolidations

If the same incident(s) result in multiple charges, some of which would constitute violations of the Gender-Based Misconduct and Title IX Policy, and others that would not, the allegations will first be processed together through the Gender-Based Misconduct procedure in Appendix A. The Associate Dean for Student Administration, in consultation with the Title IX Coordinator, will determine whether to consolidate the allegations or hear them separately after the investigation phase.

The Associate Dean for Student Administration will also make determinations regarding consolidation in any allegations where multiple respondents are involved, regardless of the nature of the alleged offense.

D. Formal Hearings: Role of the Chair

The role of the chair when presiding over a formal hearing will be to:

1. Advise the student of their rights under this Code of Conduct.
2. If an advisor is present, review the advisor's role and limitations during the hearing as outlined in this code.
3. Make all administrative decisions on matters relating to the conduct of the hearing, including matters regarding admission of relevant evidence, statements, and questions.
4. Ensure there are no conflicts of interest between any of the hearing panel members and the student parties. In the case of gender-based misconduct allegations, the Title IX Coordinator will be involved in this assessment.
5. Ensure that all questioning of witnesses is done in an orderly and respectful fashion. The chair reserves the right to determine the method for delivery of questions posed by the parties.
6. Maintain an orderly hearing and permit no person to be subjected to abusive treatment, intimidation, or harassment. The chair, at their discretion, may remove anyone who refuses to be orderly.
7. Administer an appropriate oath of truthful testimony to the parties and to all witnesses.

E. Formal Hearings: Role of Advisors

1. While parties are allowed to have an advisor of their choosing accompany them to a hearing, NYIT College of Osteopathic Medicine does not provide advisors to parties and cannot guarantee equal advisor rights if one party elects to utilize an attorney as their advisor. Parties are generally not permitted to have more than one advisor; however, exceptions may be made on a case-by-case basis. If the option to have an additional advisor is made available to one party, it will be made available to the other.
   • Gender-based misconduct allegations entitle the parties to an advisor upon receipt of the Notice of Investigation and Allegations in Appendix A.
2. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so. The parties are expected to ask and respond to questions on their own behalf throughout the process. Although the advisor generally may not speak on behalf of their advisee, the advisor may consult with their advisee. For longer or more involved discussions, the parties and their advisors should ask for breaks to allow for private consultation, which should not occur excessively.
3. Advisors should not be witnesses due to the potential conflict, which may impact the weight given to their testimony by the student conduct body.
4. Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence. Advisors are expected to maintain the confidentiality of the records shared with them and may be required to confirm this in writing.
5. Any advisor who oversteps their role as defined above, who shares information or evidence in a manner inconsistent with institutional policy, or who refuses to comply with chair directives, will be warned. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the meeting/interview may be ended, or other appropriate measures implemented, including NYIT College of Osteopathic Medicine requiring the party to use a different advisor.

F. Formal Hearings: Role of Witnesses

1. Witnesses may participate in-person or via video technology that allows the student conduct body and the parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an advisor without express permission of the chair, which will only be permitted in exceptional circumstances.
2. The chair will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.
3. If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the chair may reschedule the hearing.
4. In exceptional circumstances only, the chair may determine that a witness may testify outside the presence of the charged student (or the written statement may be redacted prior to being provided to the charged student), where there are potential repercussions to the witness of being identified to or testifying in the presence of the charged student. In such cases, the chair must take all reasonable measures to protect the rights of the charged student, including providing the student with a summary of the testimony and the opportunity to provide written questions to the witness. This opportunity is rarely available to a complainant, as their identity is often vital to a charged student's ability to respond to the charge(s). The chair is responsible for the final decision regarding the disclosure and appearance of complainants and witnesses.
5. When written statements are relied upon, they should be signed or witnessed by an NYIT College of Osteopathic Medicine or other New York Tech official (a statement sent from an official New York Tech email account may serve as a proxy signature).
6. Prior to the hearing, the chair will work with the parties to finalize a witness list. The chair, only with the agreement of all parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the investigator, and their presence is not essential to assess their credibility.
7. The chair reserves the right to determine the relevance of the questions and the method for delivery of questions to the witnesses at the hearing.
8. In cases involving gender-based misconduct, witnesses scheduled to participate in the hearing must have been first interviewed by the investigator(s) unless:
   1. All parties and the student conduct body assent to the new witness's participation in the formal hearing without remanding the complaint back to the investigator, and
   2. The chair deems the evidence presented by the new witness to be relevant, not impermissible, and not information already established in the record.

G. Formal Hearings: Testimony and Questioning

1. The chair will facilitate questioning of the parties and witnesses first by the student conduct body and then by the parties. All questions by the parties must be directed toward and asked through the chair and are subject to a relevance determination before they are asked. The chair will determine the method by which the parties will submit their questions for their review and posing. Questions that the parties wish to have posed can be questions for that party themselves, another party, or witnesses.
2. The chair will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive. The chair has final say on all questions and determinations of relevance and appropriateness. The chair may consult with legal counsel on any questions of admissibility.
3. In cases of gender-based misconduct, the chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
4. The chair will pose the questions deemed relevant, not impermissible, and appropriate to the party and/or witness. Any party or student witness may choose not to offer evidence and/or answer questions at the hearing. Choosing not to provide information does not constitute an admission of responsibility. However, absent a full statement, the student conduct body may lend more weight to written documents and statements of witnesses. The student conduct body may not draw any inference solely from a party's or witness's absence from the hearing or refusal to answer any or all questions. This protection from self-incrimination does not extend to student organizations.

H. Formal Hearings: Evidentiary Considerations

1. The investigator, where applicable, and the student conduct body will only consider evidence that is deemed relevant and not otherwise impermissible. Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of this Code of Conduct.
2. Impermissible evidence includes evidence protected under a legally privileged relationship or evidence provided to a confidential employee, unless the person to whom the confidentiality is owed has voluntarily waived the privilege. This includes a party's or witness's medical or mental health records and information relating to diagnosis and treatment, unless that party or witness provides voluntary, written consent for use in the process; and
3. For allegations of gender-based misconduct, impermissible evidence is that related to the complainant's sexual interests or prior sexual conduct, unless evidence about the prior sexual conduct is offered to prove that someone other than the respondent committed the alleged act or is evidence about specific prior incidents between the parties offered to prove consent. Prior consensual sexual conduct between the parties does not by itself demonstrate or imply the complainant's consent or preclude determination that sex-based misconduct occurred.
4. Where an investigation is warranted, the parties are expected to provide all evidence to the investigator(s) during the investigation. Evidence offered after that time will be evaluated by the chair for relevance. If deemed relevant and not impermissible, the parties and chair must agree whether it will be allowed in the hearing or first remanded back to the investigator. The new evidence should not be duplicative of existing evidence in the record, been reasonably available prior to the conclusion of the investigation, or otherwise provided in bad faith. If this criteria is not met, the chair may consider those factors in determining the weight of the evidence at issue.
5. The student conduct body will be provided all relevant but not impermissible evidence (including an investigation report where applicable), including the names of all parties, witnesses, and advisors, at least five (5) business days in advance of the hearing. The parties will be provided with electronic copies of all the materials provided to the conduct body as part of the hearing notice, unless those materials have already been provided.

I. Formal Hearings: Pre-Hearing Meetings

In cases of gender-based misconduct and where otherwise deemed necessary by the chair, each of the parties will be offered pre-hearing meeting(s) with their advisors and the chair for them to submit the questions or topics they wish to ask or discuss at the formal hearing. This allows the chair to consider their relevance ahead of time to avoid improper evidentiary introduction in the hearing and avoid delays.

This advance review opportunity does not preclude the parties from submitting a question at the hearing for the first time. The chair will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party, which will be shared with the other party and advisor before the hearing.

J. Hearing Procedures

All formal hearings are private and closed to the public. Formal hearings are recorded by NYIT College of Osteopathic Medicine only via audio or video recording, and the recording will act as the official record of the hearing. The hearing will follow the order set forth below:

1. Presentation of the incident and the sections of the code alleged to be violated by the chair.
2. Brief review and affirmation of student rights and responsibilities by the chair.
3. Administration of an appropriate oath of honesty and truthful testimony to the charged student prior to testimony before the hearing body.
4. Opening statement by the charged student.
5. Questions directed to the charged student by the hearing body.
6. Administration of an appropriate oath of honesty and truthful testimony to each witness prior to testimony before the hearing body.
7. Presentation of witnesses, or witness statements by the investigator (or chair), followed by questioning of those witnesses by the hearing body (which may include questions posed by the parties, if relevant and appropriate). Witnesses are then dismissed.
8. Follow-up questions to the charged student.
9. For gender-based misconduct cases and other cases involving a complainant, Steps 3–7 are repeated for complainant and complainant's witnesses. That is, when a complainant is participating in a formal hearing, they have the same procedural rights as the respondent/charged student to make an opening statement, present evidence/witnesses and submit questions to, and respond to questions from, the hearing body, and provide a closing statement. The chair will determine which portions of the hearing the complainant is entitled to attend to ensure equal access.
10. Closing statement by each of the parties, where applicable.
11. Meeting adjournment. The chair has the right to make the appropriate revisions to the hearing procedure so long as the student's rights are upheld and maintained.

K. Formal Hearings: Deliberations

1. Deliberations are closed, except for members of the student conduct hearing body, and are not audio or video recorded.
2. Responsibility is determined by a majority vote of the student conduct panel members. The vote and final decision of the student conduct hearing panel, including the determination of responsibility and sanctions, if appropriate, are recorded and become the official record of the hearing.
3. Each party may submit an impact and/or mitigation statement to the hearing panel which will be reviewed and considered only once a determination has been made that this Code of Conduct was violated. The statements may be considered by the panel in determining appropriate sanctions.

L. Findings

In formal hearings, within fifteen (15) business days after the conclusion of deliberations, the hearing body will provide to the parties the outcome, in writing, which will occur on or about the same date as the other party's notice, and will include:

1. A description of the alleged misconduct.
2. Information about the policies and procedures that NYIT College of Osteopathic Medicine used to evaluate the allegations.
3. A summary of the relevant and not otherwise impermissible evidence and findings of fact used to support its determination.
4. The determination of, and rationale for, the appropriate sanction(s). In cases of gender-based misconduct, this will include any non-disciplinary remedies as well, in consultation with the Title IX Coordinator.
5. The procedures and permissible bases for appealing.

The Professionalism and Ethics Review Board constitutes final institutional action on behalf of NYIT College of Osteopathic Medicine unless a written appeal from either the person filing the complaint or the person accused of the violation is submitted in accordance with the Appellate Review. A student's enrollment status shall remain unchanged pending the completion of the appeal process or timeframe to appeal (except in the case of Interim Suspension or Emergency Suspension).

One or more of the following sanctions may apply when a student is found responsible for violations of the NYITCOM Code of Conduct:

1. Warning – Written notification to the student that continuation or repetition of wrongful conduct may be cause for more severe disciplinary penalties. This warning does not go into the student's permanent records.
2. Censure – Written reprimand for violation of specific rules with the warning that violation of any other college rule within the stated period of the censure may be cause for more severe disciplinary penalties. In addition, the student is prohibited from attending conferences, participating in research projects, running for or holding office (national or local), or being elected to any honorary organization for the period of the censure. This censure does not go into the student's permanent records.
3. Disciplinary Probation – A specified period of time during which the student has the opportunity to demonstrate the ability to be a responsible member of the NYIT College of Osteopathic Medicine community. During that time the student is required to refrain from any further violation of the rules of conduct and any other requirements intended to rehabilitate the student. Any further violation of the Student Code of Conduct places the student's status with the college in jeopardy. The student is prohibited from attending conferences, participating in research projects, running for or holding office (national or local), or being elected to any honorary organization during the probationary period. Disciplinary Probation becomes part of the student's permanent record.
4. Suspension – Suspension from academic enrollment and revocation of other privileges or activities and from the privilege to enter on the campus premises or related facilities for a period of time not to exceed two years. Criteria for return if appropriate will be specifically outlined in writing. Suspension becomes part of the student's permanent record.
5. Expulsion – Complete termination of student status and academic enrollment for an indefinite period of time. This penalty may be recommended by the Professionalism and Ethics Review Board but shall be imposed only upon approval of the New York Tech Executive Vice President. An order of expulsion shall set forth in writing the conditions that will permit readmission, if any. Expulsion becomes part of the student's permanent record.

Please note: if a referral for a mental health assessment is required, the counseling assessment conditions must be specifically outlined in the letter of determination.

The individual filing the complaint or the student accused of the violation may appeal a decision of the Professionalism and Ethics Review Board by submitting a written appeal within three (3) business days of the receipt of the written decision. The written appeal should be addressed to the Dean of NYIT College of Osteopathic Medicine. The letter must include specific documentation of the grounds for the appeal.

The burden of proof at the appellate level rests with the student to clearly show that an error has occurred during the conduct process; this is not a re-hearing of the student's conduct case but rather a review of the specified error as outlined below.

Appeal requests are limited to the following grounds:

1. To consider new evidence, unavailable during the original hearing that could impact the original finding or sanction.
2. Failure to follow the disciplinary hearing process as outlined in this code.
3. The sanctions imposed were disproportionate to the violation of the Code of Conduct for which the student was found to be responsible.
4. For gender-based misconduct violations, the grounds for appeal may also include that the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Appellate Review Process

1. If one party appeals, the other will be notified and will be provided the opportunity to respond within three (3) business days.
2. In gender-based misconduct cases, when an appeal is received, NYIT College of Osteopathic Medicine will conduct its own review of the record to:
   • Ensure that no member of the appellate panel took part in the underlying investigation or hearing.
   • Ensure each member of the appellate panel has been trained as required by law.
3. The record of appeal will consist of and be limited to the written appeal, written decision of the student conduct board, and any documentation relevant to the grounds for appeal.
4. For appeals not involving violations of the Gender-Based Misconduct and Title IX Policy, the dean (i) will review the written appeal, (ii) may in their sole discretion convene an Appellate Review Panel; and (iii) may in their sole discretion meet with the relevant parties to discuss the appeal. For appeals involving violations of the Gender-Based Misconduct and Title IX Policy, the dean will convene an Appellate Review Panel who will decide the appeal.
5. The appellate body may affirm, modify, or reverse the decision and/or sanctions previously rendered by the student conduct board. The appellate body may also return the case to the student conduct board for further review and adjudication.
6. The written appellate decision and rationale will be sent to the person filing the complaint and the person being charged with the violation within ten (10) business days of the receipt of the appeal (or response by the other party, where applicable), unless notification is given that additional time is necessary for consideration of the appeal.
7. The appeal determination is the final institutional action on behalf of NYIT College of Osteopathic Medicine.

A written summary of each student's discipline hearing along with the formal determinations shall be maintained in the files of NYIT College of Osteopathic Medicine's Office of the Associate Dean of Student Administration for a minimum of five (5) years after the date of final determination. Students may not obtain a copy of the information in their judicial file unless required under federal or state law.

Specifically in the cases resulting in disciplinary probation, suspension or expulsion, the relevant materials will also be maintained in the student's official file in NYITCOM's Office of the Registrar. Therefore, this information will be documented on any and all official requests of a student's record (e.g., Medical Student Performance Evaluation, Medical Licensing Boards, etc.).

NYIT College of Osteopathic Medicine will make a notation on the transcript of students found responsible after a disciplinary process that there was a sanction of suspension and/or expulsion after a finding of responsibility. For respondents in cases of sexual violence who withdraw from the institution while conduct charges are pending, and decline to complete the student disciplinary process, NYIT College of Osteopathic Medicine will make a notation on their transcript.

Appeals to seek the removal of transcript notations of suspensions (but not expulsions) may be submitted in writing to the dean no less than one year following the conclusion of the suspension period. Removal is within the sole discretion of the dean.

An audio or video recording will be made of formal hearings by NYITCOM. No unauthorized recording is allowed. If a recording malfunction occurs, the hearing body will include a summary of the testimony sufficiently detailed to permit review in case of appeal. The recording shall be maintained by the Office of Student Administration. Except in the case of gender-based misconduct or where otherwise required by law, a student may not have a copy of the recording or any other written materials involved in the hearing other than direct correspondence between the student conduct body and the student.

The university's official mode of communication with students is through their New York Tech-issued emails and the U.S. mail. Students are expected to check their official email accounts on a regular basis, and failure to check email is not considered an excuse for failing to respond to a communication, missing deadlines, or failing to complete required documents.

NYIT College of Osteopathic Medicine will abide by all laws requiring confidentiality and privacy with regard to the student disciplinary process. This includes taking reasonable steps to protect the privacy of the parties and witnesses during the conduct process, but will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses, consulting with their family members and/or confidential resources, and otherwise preparing for or participating in the conduct process.

NYIT College of Osteopathic Medicine will also comply with laws which require the sharing of records or personal information between parties and their advisors, such as in the case of gender-based misconduct allegations. In other cases involving alleged behavior where the complainant's rights are impacted, the Associate Dean of Student Administration will inform the complainant whenever appropriate of the status and outcome of the conduct proceeding.

1. Interim Suspension: In situations of potential code violations where there is reasonable cause to believe a student's alleged behavior or action and/or continued presence at NYIT College of Osteopathic Medicine poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, or continuance of normal NYIT College of Osteopathic Medicine functions, the Associate Dean of Student Administration (or designee) will temporarily restrict a student from specific university facilities including, but not limited to, buildings, classrooms, and clinical sites, or temporarily suspend the student from New York Tech for an interim period of time pending disciplinary proceedings. Such situations may involve emergency, medical, mental, or some other chronic matter, including but not limited to physical assault, harassment and/or bullying, sexual assault or misconduct, hazing, possession of firearms, explosives, weapons, felony drug possession, and other acts of a similar nature that threaten or have the potential to threaten the health and/or safety of individuals and/or the property of New York Tech. The Associate Dean of Student Administration (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student.
2. Emergency Suspension: In situations not necessarily involving potential code violations, but where there is reasonable cause to believe a student's alleged behavior or action and/or continued presence at NYIT College of Osteopathic Medicine poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, continuance of NYIT College of Osteopathic Medicine functions, or university property, the Associate Dean of Student Administration (or designee) will temporarily restrict a student from specific facilities including buildings, classrooms, and clinical sites, or temporarily suspend the student from NYIT College of Osteopathic Medicine for an interim period of time pending an evaluation of that student's well-being by an outside licensed practitioner and/or the Office of Student Administration. The Associate Dean of Student Administration (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student.

A student under interim or emergency suspension is not allowed on any New York Tech campus, property, or clinical site without express permission of the Associate Dean of Student Administration (or designee). In addition, the student may not contact any other student, staff, faculty or administrator with the exception of the Associate Dean of Student Administration (or designee) without prior permission.

This supplements the provisions of Judicial Hearings (Formal) set forth above.

A. Notice of Investigation and Allegations

For gender-based misconduct cases, both parties will receive notice of the complaint and of the commencement of an investigation within five (5) business days of the initial evaluation and confirmation of a complainant's desire to move forward with the Conduct Process, which will typically occur within seven (7) business days of receipt of a complaint. The notice will provide important rights and responsibilities of the parties and will include at least the following information:

• Details regarding the specific charges alleged under this Code of Conduct, the resolution process, and any informal resolution process, if applicable.
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute gender-based misconduct and the date(s) and location(s) of the alleged incident(s).
• That NYIT College of Osteopathic Medicine prohibits retaliation during and after the process.
• That NYIT College of Osteopathic Medicine prohibits knowingly making false statements or knowingly submitting false information during its grievance procedures.
• That the respondent is presumed not responsible for the alleged misconduct until a determination is made at the conclusion of the conduct process, and that prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence (as defined in this code).
• That the parties may have an advisor of their choice who may, but is not required to be an attorney.
• Information about the assigned investigator and next steps in the investigation.
• Information about the privacy and confidentiality of the process.
• That the parties are entitled to an equal opportunity to access an investigative report that accurately summarizes the evidence, and upon request, an equal opportunity to access the relevant and not impermissible evidence upon which the report is based.
• Possible sanctions that may result from a finding of responsibility.

Amendments and updates to the notice may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations.

B. Ensuring Impartiality

Any individual materially involved in the administration of the Code of Conduct process for a gender-based misconduct allegation, including the Title IX Coordinator, investigator(s), and decision-maker(s)/student conduct panelists, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific complainant or respondent.

The Title IX Coordinator will vet the assigned investigator(s), student conduct panelists, and appeal panelists for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Title IX Coordinator will also ensure all have been properly trained. Concerns of bias or conflict regarding the Title IX Coordinator may be made to the Vice President for Equity and Inclusion.

Whenever a designee is substituted for the Title IX Coordinator, NYIT College of Osteopathic Medicine will ensure that the designee is appropriately trained and has authority to take corrective action. NYIT College of Osteopathic Medicine will endeavor to designate one of its Deputy Title IX Coordinators when available.

The investigation and conduct process involve an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the respondent engaged in a Code of Conduct violation and evidence that supports that the respondent did not engage in a Code of Conduct violation. Credibility determinations will not be based solely on an individual's status or participation as a complainant, respondent, or witness.

All parties will have a full and fair opportunity, throughout the process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

C. Ensuring Promptness

NYIT College of Osteopathic Medicine will complete investigations in the conduct process with reasonable promptness, depending upon the complexity of the matter and the number and availability of witnesses, but generally in no more than 60 days.

If a party or witness chooses not to participate in the process or becomes unresponsive, NYIT College of Osteopathic Medicine reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive parties retain the rights outlined in this Code of Conduct and the Gender-Based Misconduct and Title IX Policy, where applicable.

NYIT College of Osteopathic Medicine may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances may include but are not limited to the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. The investigation and conduct process will run concurrently with any criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) business days except when law enforcement specifically requests and justifies a longer delay.

NYIT College of Osteopathic Medicine will promptly resume its process as soon as feasible. During any unavoidable delay, NYIT College of Osteopathic Medicine will implement and maintain supportive measures for the parties as deemed appropriate.

D. Investigation

All investigations are thorough, reliable, and impartial. They involve interviewing all relevant parties and witnesses, multiple times if necessary, obtaining relevant evidence, and identifying sources of expert information, as necessary.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime), or, in limited circumstances, by telephone. NYIT College of Osteopathic Medicine will take appropriate steps to ensure the security/privacy of remote interviews.

It is within the discretion of the investigator to record interviews—if the investigator is going to record, the parties will be informed of that fact and the recording will be done equally for all parties in an investigation. If interviews are recorded, the parties may review copies of their own interviews upon request. No audio or video recording by anyone besides the investigator is permitted during investigation meetings.

When participation of a party is expected, the investigator will provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose. The investigator will also make good faith efforts to notify each party of any meeting or interview involving another party and to provide the parties with status updates throughout the course of the investigation.

The investigator will allow each party the opportunity to suggest witnesses and questions they wish the investigator(s) to ask of another party and/or witness. The investigator will ask those questions deemed relevant and permissible, and for any question deemed not relevant, the investigator will provide a rationale for not asking the question.

After an interview, parties and witnesses may be asked to verify the accuracy of the summary of their interview. Where possible, the investigator will complete the investigation promptly and without unreasonable deviation from the intended timeline.

Upon conclusion of the investigation, the investigator will write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and interviews conducted, identifies witnesses, and provides all relevant evidence considered. The draft investigation report will be provided to the parties and their respective advisors with at least ten (10) business days for inspection, review, and an opportunity to respond prior to the investigator finalizing the report. The parties may elect to waive all or part of the review period.

Once finalized, the investigator will share the final investigation report with the Associate Dean for Student Administration (or designee) and the parties. The Associate Dean for Student Administration (or designee) will then contact the parties to schedule information meetings, as described above in Judicial Hearings (Formal).