Student Code of Conduct: U.S. Campuses

New York Institute of Technology (New York Tech) is committed to the philosophy of educating its students through rational inquiry, discourse, and cooperative resolution of controversial issues. To achieve and support the educational mission and goals of the college, to create an environment where all students have the same opportunity to succeed academically, and to promote health and safety, New York Tech has established policies that set minimum standards for student behavior. As an institution of higher education, New York Tech encourages students to rise above the minimum standards, and works to build a community of learners where all members of the college community show respect for the views of others and accept responsibility for their actions. Individuals and groups have the right to the freedom of expression, but they must at all times respect the rights of others. The deliberate violation of established rules or procedures at New York Tech is unacceptable to building a learning community. New York Tech will act immediately to protect life and property, while maintaining and balancing the rights of students and the New York Tech community. The right of every student to learn will be protected through enforcement of the Student Code of Conduct.

Every student who accepts enrollment at New York Tech thereby agrees to abide by all policies, rules, and regulations published at the college. The following policies, deemed the Student Code of Conduct, govern conduct of all students, their guests, as well as visitors to any New York Tech campus or facility. These policies provide students, faculty, and staff with guidelines regarding the expectations for responsible participation in the educational community, as well as offer information regarding consequences for violating such expectations. The code is intended to preserve community standards, including the pursuit of academic integrity, safety, health, and welfare of all members within the New York Tech community. This Student Code of Conduct does not govern students at the New York Tech College of Osteopathic Medicine or any of New York Tech's international locations. Those programs have developed their own codes of conduct for registered students.

A. Appellate Body

The term "appellate body" means any person, persons, or committee authorized by the president or designee to consider an appeal from a student conduct body's determination that a student has violated the Student Code of Conduct or from the sanctions imposed by the judicial body.

B. Code

The terms "code," "student code," "code of conduct," "student code of conduct," or "New York Tech code of conduct" can all refer to the New York Tech Student Code of Conduct.

C. Informal Resolution

This term refers to a resolution process available in Gender-Based Misconduct cases. It is distinct from the four conduct forums described in this Code. Informal Resolutions will follow the terms detailed in the Gender-Based Misconduct and Title IX Policy.

D. Institution

The terms "institution," "university," or "New York Tech" mean New York Institute of Technology or any of its subsidiaries, unless noted otherwise in this code.

E. Instructor

The term "instructor"" means any person hired by the institution to conduct classroom activities.

F. Investigator

The term "investigator" refers to a New York Tech official who may be assigned to investigate a case in order to represent findings to a student conduct body. In Gender-Based Misconduct cases, they will be appropriately trained.

G. New York Tech Community

The term "New York Tech community" includes any person who is a faculty, staff, student, or any person employed by or visiting New York Tech. A person's status in a particular situation shall be determined by the Dean of Students (or designee).

H. New York Tech Official

The term "New York Tech official" includes any person employed by New York Institute of Technology who performs assigned administrative or professional responsibilities.

I. New York Tech Campus

The term "New York Tech campus" includes all land, buildings, facilities, and other property in the possession of New York Institute of Technology, meaning all areas owned, used, leased, or controlled by the university, including adjacent streets and sidewalks.

J. Student

The term "student" includes any person who is taking courses at the institution, both full-time and part-time, pursuing undergraduate, graduate, professional, or distance-learning courses. In addition, persons who are not officially enrolled for a particular semester or term but who have a continuing relationship with New York Tech are considered "students." If a student's enrollment lapses for more than one academic year, the student will not be subject to disciplinary action under the Student Code of Conduct until re-admission to New York Tech. Students who are employees and/or in positions of student leadership at New York Tech are governed under the policies set forth by the department managing the employment or leadership relationship when acting in that capacity. For Gender-Based Misconduct cases, any person who has gained admission is included as a "student," and the applicable process for student-employees will be determined by the capacity in which the student-employee was acting at the time of the alleged violation.

K. Student Conduct Body

The term "Student Conduct Body" means any person or persons (e.g., Student Conduct Officer, Student Conduct Hearing Panel) authorized by the president or designee to determine whether a student has violated the Student Code of Conduct and to impose sanctions.

L. Student Conduct Officer

The term "student conduct officer" (or "conduct officer") means a New York Tech official authorized by the president or designee to determine whether a student has violated the Student Code of Conduct and to impose sanctions. A conduct officer may serve simultaneously as one of the members of a Student Conduct Hearing Panel. The Student Conduct Officer also serves as the chair of the Student Conduct Hearing Panel.

M. Student Organization

The term "student organization" means any number of persons or group who are currently registered or recognized by an official New York Tech department, program, or office, including, but not limited to, student clubs, sports clubs, honor societies, intramural teams, and Greek letter organizations.

N. Title Ix Coordinator

The "Title IX Coordinator" is the New York Tech official responsible for overseeing and coordinating the institution's response to Gender-Based Misconduct and Title IX offenses. This includes oversight of the grievance procedures for Gender-Based Misconduct complaints as described in this Code. Wherever reference is made to the Title IX Coordinator in this policy, New York Tech may designate a Deputy Title IX Coordinator or other trained administrator with authority to take corrective action.

The president of New York Institute of Technology is ultimately responsible for the administration of the Student Code of Conduct and all student conduct processes for all students at the institution. Administrative authority and responsibility for conduct policies and procedures is delegated to the provost and vice president for Academic Affairs, overseeing the division of Student Life.

Within the division of Student Life, direct supervisory jurisdiction of conduct matters involving violations of the Student Code of Conduct is assumed by the Dean of Students and the Associate Dean of Students who serve as the chief student conduct officers for the institution. Cases involving an alleged violation of the Student Code of Conduct that occur in a residence hall either by a student resident or guest, with the possible exception of cases that may result in suspension or expulsion from New York Tech, may be handled by the Director of Residence Life or designee(s).

The Dean of Students (or designee) shall determine the composition of student conduct bodies and appellate bodies and determine which student conduct body, student conduct officer, and appellate body shall be authorized to hear cases.

Students and student organizations will be considered for conduct review whenever conduct that may be in violation of the Student Code of Conduct occurs on campus (or in university-leased facilities) and/or conduct that adversely affects the New York Tech community. For violations that do not occur on New York Tech property, action will be considered if New York Tech officials decide that institutional interests are involved.

Disciplinary action may be taken by New York Tech for any act constituting a violation of the Student Code of Conduct, or of the federal or state law or city ordinances when the act is contrary to New York Tech's interests as an academic community, including acts that threaten the lives, health, safety, and academic success of New York Tech students. Students or student organizations will be held responsible for the actions of their guests under this code.

Approved constitutions governing organizational behavior may take precedence, depending on the alleged violation. The Dean of Students (or designee) will determine which document prevails. 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.

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

There are four types of conduct forums: warning letter without a hearing, summary resolution meeting, informal hearing, and formal hearing. Generally, students and student organizations may choose which conduct forum they would like to conduct their disciplinary case; however, the dean of students (or designee) or director of residence life (or designee) reserve the right to choose the appropriate forum for administrative or case-related reasons. 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.

A. Warning Letter Without a Hearing

For minor infractions of this code, the Dean of Students (or designee) or Director of Residence Life (or designee) may send the student a warning letter. The letter states that if the student takes full responsibility for the alleged violation, and any imposed sanctions, then the letter will act as a warning. If the student does not accept responsibility for the alleged violation of the code, then the student must schedule an information meeting to schedule an informal or formal hearing.

B. Summary Resolution Meeting

Summary resolution meetings are for students electing to accept responsibility for the alleged violation as presented. These meetings are not recorded and are conducted by the Associate Dean of Students (or designee) as the Student Conduct Officer or by the Director of Residence Life (or designee) for cases related to residence life.

C. Informal Hearings

Informal hearings are for students electing to enable the determination of responsibility for the alleged violation to be made by the Associate Dean of Students (or designee) as the Student Conduct Officer or by the Director of Residence Life (or designee) for cases related to residence life.

D. Formal Hearings

The student conduct body for formal hearings: the Associate Dean of Students (or designee) serves as the Student Conduct Officer/hearing chair in a non-voting capacity and selects the hearing panel from a pool of: faculty members appointed by the provost and vice president for academic affairs, students appointed by the Student Government Association, and administrators appointed by the Dean of Students (or designee). The Student Conduct Officer selects one faculty member, one student, and one administrator to hear each case that does not involve violations of the Gender-Based Misconduct and Title IX Policy.

For cases involving violations of the Gender-Based Misconduct Policy, students will not serve on the hearing panel. Rather, the chair will select three panel members from the pool of faculty members and administrators, and only those faculty and administrators who have completed additional training in the area of gender-based misconduct will be eligible to serve in such cases.

Hearings may also include an Investigator, a New York Tech staff member appointed to review the case and present findings to the student conduct body.

As detailed in the code, formal hearings are impartial and recorded proceedings which allow the student conduct body to call and question relevant witnesses and review evidence in order to adequately assess information regarding the alleged violation. They also allow the presence of an advisor who does not act as a legal representative.

• The standard used in all conduct review cases within this Student Code of Conduct 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 the Student Code of Conduct.
• The burden of proof rests with the institution. 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. Initiating Charges

Any person may make a complaint and request a review of the alleged actions of a student that may violate the New York Tech Student code of Conduct, federal or state law, or local ordinances. A review for possible violations of the code of Conduct may be initiated in the following ways:

1. Filing an incident report with New York Tech campus security or requesting the submission of a report from another law enforcement agency to campus security. Campus security will forward all incident reports involving the conduct of students to the Dean of Students (or designee).
2. Providing a written and signed statement to the Dean of Students (or designee) or Office of Residence Life. A New York Tech official receiving the complaint may transcribe a complainant's verbal complaint into writing. Written statements should be sent to the appropriate office responsible for handling the incident, based on the person(s) involved or location of incident (see Section C, below). Any statement submitted in writing from an email account must come from the person's official New York Tech account if the person is a member of the New York Tech community. The appropriate conduct officer will determine the appropriate course of action for the complaint. The student conduct officer or student conduct body reserves the right to request additional documentation, if appropriate.
3. If the student conduct officer determines that documentation is insufficient or there are no grounds to file charges on behalf of New York Tech, no charges will be filed and the individual initiating the report will be notified about the decision.

B. Filing Time

Reports must be filed with the appropriate New York Tech official within ninety (90) business days of the incident or knowledge about the incident except in cases of alleged Gender-Based Misconduct, for which reports must typically be filed within twelve (12) calendar months of the incident or knowledge about the incident; however, New York Tech reserves the right to exercise professional discretion to extend these filing times to remain in compliance with applicable laws or for health and safety reasons.

C. Notice of Alleged Violation

In general, a student alleged to be in violation of the Student code of Conduct will receive notice of the alleged violation, including specific section(s) of the code(s) under consideration, and a brief description of alleged offense(s), within fifteen (15) business days from receipt of an incident report or written statement. This timeframe may be extended by an additional ten (10) business days to accommodate university break periods.

There are two exceptions to the above notice:

1. Allegations of Gender-Based Misconduct will follow the Notice and Investigation Procedures in Appendix A upon referral of a complaint from the Title IX Coordinator. Upon completion of the investigation described in Appendix A, the case will continue to the Information Meeting below).
2. In cases which do not involve allegations of Gender-Based Misconduct, the student conduct officer may still determine that a more thorough investigation is necessary before proceeding to an information meeting. New York Tech will provide notice to the student regarding the expected additional timeframes and steps needed for investigation prior to the information meeting, which will not be unreasonably delayed.

When an alleged offense implicates the rights of a complainant (for example, in the case of alleged endangerment, gender-based misconduct, hazing, property damage or theft), that individual will be given notice of the allegations at the same time as the respondent (who is the student alleged to be in violation of the code).

After receiving notice of the allegations, or upon completion of the investigation where necessary, each of the parties will be provided an opportunity to attend an information meeting (except in cases involving interim suspension) as described below.

If a student fails to respond to a request to schedule an information meeting and/or attend a scheduled information meeting, or if ten (10) business days have expired since the date of the information meeting notification letter, the student waives their right to an information meeting, and the student conduct officer will select a hearing forum for the student and provide the student with notice of the hearing date.

D. Information Meeting

During the information meeting, the parties will be provided the following:

1. Clear and complete description of the Student code of Conduct and brief description of the allegations to be considered.
2. Information related to the student's rights and responsibilities.
3. An opportunity to understand all information in their student conduct file.
4. Information regarding the resources available to the student in preparation for their student conduct case.
5. The right to accept responsibility for all charges and enter into a summary resolution, or the right to dispute the allegation and request an informal or formal hearing (subject to the limitations described below and in Student Conduct Bodies and Forums).
   
   • If the student accepts the charges as presented, assumes responsibility for the violation, and agrees to a summary resolution, the student conduct officer will provide the appropriate sanction(s), in writing, to the student at that time or within ten (10) business days from the summary resolution. Grounds for appeal for students whose case was determined through a summary resolution is limited solely on the basis that the severity of the sanction is disproportionate with the nature of the offense.
   • Summary resolution may not be appropriate in all cases, particularly those with a complainant. The Associate Dean will have discretion in whether to permit summary resolution.
   • Allegations of Gender-Based Misconduct may only be resolved through a formal hearing or through the Informal Resolution process described in the Gender-Based Misconduct and Title IX Policy.

E. Hearing Notification

Students who request an informal or formal hearing, or where one is required by the student conduct officer, 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 New York Tech 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 student conduct officer.
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 (typically reserved for formal hearings).
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.

Proper notification is deemed given to the student if the college has sent the hearing notification by one of the methods set forth in Delivery of Disciplinary Notifications.

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 student conduct officer and under extraordinary circumstances.

F. Scope of Inquiry

A student's previous student conduct record from New York Tech and any other past misconduct presented will only be considered at the discretion of the student conduct officer when deemed related to the present allegation, which will apply 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).

G. Disciplinary Consolidations

1. Whenever possible, cases where more than one student is alleged to be in violation of the Student Code of Conduct and the students' conduct arose out of the same incident(s), each case should be heard by the same student conduct body.
2. At the discretion of the Dean of Students or designee, in cases where more than one student is alleged to be in violation of the Student code of Conduct and the students' conduct arose out of the same incident(s), a single hearing may be held for all the students charged.
3. The student conduct officer shall make determinations regarding consolidation with the students, and, if necessary, with the party filing the complaint. The student conduct officer shall make the final decision on all consolidations.
4. 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 student conduct officer, in consultation with the Title IX Coordinator, will determine whether to consolidate the allegations or hear them separately after the investigation phase.

H. Formal Hearings: Role of the student conduct officer

The role of the student conduct officer when presiding over a formal hearing will be to:

1. Advise the student of their rights under the Student Code of Conduct.
2. If an advisor is present, review the advisor's role and limitations during the hearing as outlined below.
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 student conduct officer 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 student conduct officer, 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.

I. Formal Hearings: Role of Advisors

1. While parties are allowed to have an advisor of their choosing accompany them to a hearing, New York Tech 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 student conduct officer 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 New York Tech requiring the party to use a different advisor.

J. 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 student conduct officer, which will only be permitted in exceptional circumstances.
2. The student conduct officer 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 student conduct officer may reschedule the hearing.
4. In exceptional circumstances only, the student conduct officer 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 student conduct officer 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 student conduct officer 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 a 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 student conduct officer will work with the parties to finalize a witness list. The student conduct officer, 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 student conduct officer 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 student conduct officer deems the evidence presented by the new witness to be relevant, not impermissible, and not information already established in the record.

K. Formal Hearings: Testimony and Questioning

1. The student conduct officer 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 student conduct officer and are subject to a relevance determination before they are asked. The student conduct officer 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 student conduct officer 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 student conduct officer has final say on all questions and determinations of relevance and appropriateness. The student conduct officer may consult with legal counsel on any questions of admissibility.
3. In cases of Gender-Based Misconduct, the student conduct officer will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
4. The student conduct officer 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.

L. 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 the 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 student conduct officer for relevance. If deemed relevant and not impermissible, the parties and student conduct officer 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 student conduct officer 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.

M. Formal Hearings: Pre-Hearing Meetings

In cases of Gender-Based Misconduct and where otherwise deemed necessary by the student conduct officer, each of the parties will be offered pre-hearing meeting(s) with their advisors and the student conduct officer for them to submit the questions or topics they wish to ask or discuss at the formal hearing. This allows the student conduct officer 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 student conduct officer 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.

N. Formal Hearings: Hearing Procedures

All formal hearings are private and closed to the public. Formal hearings are recorded by New York Tech only via audio or video recording, and the recording will act as the official record of the hearing. The following procedures are applicable to formal hearings before all student conduct bodies:

1. Presentation of the incident and the sections of the code alleged to be violated by the student conduct officer.
2. Brief review and affirmation of student rights and responsibilities by the student conduct officer.
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 student conduct officer), 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 student conduct officer 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 student conduct officer has the right to make the appropriate revisions to the hearing procedure so long as the student's rights are upheld and maintained.

O. 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 the Code of Conduct was violated. The statements may be considered by the panel in determining appropriate sanctions.

P. Findings

1. In formal hearings, within fifteen (15) business days after the conclusion of deliberations, the student conduct 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 New York Tech 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.
2. Informal hearings are determined by the student conduct officer. Students electing informal hearings will be notified in writing within seven (7) business days of the decision, and any applicable sanctions, of the student conduct officer.
3. A student's enrollment status shall remain unchanged pending New York Tech's final decision in the matter (except in the case of Interim Suspension or Emergency Suspension).

A. Application of Sanctions

One or more of the following sanctions may apply when a student, student organization, or Greek letter organization is found responsible for violations of the Student Code of Conduct (See the Gender-Based Misconduct and Title IX Policy for sanction ranges specific to those offenses):

1. Warning Letter without a Hearing: For minor infractions of this code, the Associate Dean of Students (or designee) or Director of Residence Life (or designee) may send the student a warning letter. The letter states that if the student takes full responsibility for the alleged violation, and any imposed sanctions, then the letter will act as a warning. If the student does not accept responsibility for the alleged violation of the code, then the student must schedule an information meeting to schedule an informal or formal hearing.
2. Warning: Oral or written reprimand, when appropriate, to the student or student organization that the student/student organization has violated the Student Code of Conduct and that further violation of the code will result in more serious disciplinary action.
3. Educational or Community Assignments: An educational or community sanction is a developmental task for the purpose of making a positive contribution to the student's well-being or the college community. Assignments may include, but are not limited to, attendance at educational workshops/seminars, research projects, essays, apology letters, meetings/interviews with New York Tech officials, planning and implementing educational programs, special assignments, community service projects/work assignments, or other educational activities. For violations of the Policy on Alcohol and Other Drugs, an alcohol and drug education sanction is required.
4. Fine: A written warning that requires payment of a monetary sanction, not to exceed $500. Failure to pay all fines, in full, may result in a student conduct hold for registration, denial of a final grade report, diploma, and/or transcripts.
5. Restitution: Restitution for damages may be a part of any sanction, and may include monetary compensation, property replacement, or services up to the amount of the damages incurred. Failure to make restitution, in full, may result in a student conduct hold for registration, denial of a final grade report, diploma, and/or transcripts.
6. Residential Relocation: Relocation to another residential assignment, which may include relocation to a different room assignment.
7. Residential Probation: A specified period of time, during which more severe student code of conduct action can be taken and/or a student's New York Tech residential contract may be terminated if further violation(s) of residence policies and/or the Student Code of Conduct occur.
8. Residential Suspension: Termination of a student's New York Tech residential contract. The student is prohibited from entering into or being near the vicinity of specified residence hall(s). The student is not entitled to a refund of their residential contract. A sanction of residential suspension shall set forth, in writing, the conditions that will permit the student's re-acceptance into the residence hall, if appropriate.
9. Campus Access Restrictions: Termination of a student's or student organization's privilege to enter into and be near the vicinity of one or more campus buildings. A student may also lose the privilege to enter onto campus grounds entirely.
10. Disciplinary Probation (Individual Student): A specified period of time during which a student has an opportunity to demonstrate the ability to be a responsible member of the New York Tech community. A student on probation may be prohibited from holding an office or being elected to any honorary organization; may be required to complete additional educational activities; and may be restricted from participation in certain specified events/activities; from entering certain facilities, classes, or offices; or from contacting/communicating (verbal, nonverbal, physical, or electronic) with specific individuals or groups. Any further violation of the Student Code of Conduct places the student's or student organization's status with the college in jeopardy. Disciplinary probation may be extended beyond a previously specified time for prior violation of the Student Code of Conduct.
11. Disciplinary Probation (Student Organization/Greek Letter Organization): A specified period of time during which a student organization's membership has an opportunity to demonstrate their ability to be responsible members of the New York Tech community. A student organization may be required to complete additional educational activities and may be restricted from recruitment activities; participation in certain specified events/activities; entering certain facilities, classes, or offices; or contacting/communicating (verbal, nonverbal, physical, or electronic) with specific individuals or groups. Any further violation of the Student Code of Conduct places the student organization's status with the college in jeopardy.
12. No Contact (Individual Student): A mandate to refrain from contact with a designated student or students. Contact may include, but is not limited to, communication through email, phone, voicemail, websites, or friends.
13. Suspension (Individual Student): Suspension from academic enrollment and revocation of other privileges or activities, and the privilege to enter all campuses for a period of time not to exceed two years. Conditions that will permit the student's readmission, if appropriate, will be specifically outlined in writing. Any communications with the institution and student during the period of suspension will be directed to the Dean of Students (or designee).
14. Suspension (Student Organization/Greek Letter Organization): Suspension from and revocation of all privileges or activities for a period of time not to exceed two years. Conditions that will permit the student organization's reinstatement, if appropriate, will be specifically outlined in writing.
15. Expulsion (Individual Student): Complete termination of student status and academic enrollment for any indefinite period of time. This sanction may be recommended by any New York Tech student conduct body, but shall be imposed, after review of the file, by the Dean of Students (or designee). Conditions that will permit the student's readmission, if appropriate, will be specifically outlined in writing. If the Dean of Students (or designee) does not agree with the recommendation, the case will be sent back to the student conduct body for re-sanctioning. Any communications with the institution and student during the period of expulsion will be directed to the Dean of Students (or designee).
16. Expulsion (Student Organization/Greek Letter Organization): Complete termination of a student organization's status and recognition by New York Tech and revocation of all privileges and activities for an indefinite period of time. This sanction may be recommended by any New York Tech student conduct body but shall be imposed, after review of the file, by the dean of students. Conditions that will permit the student organization's reinstatement, if appropriate, will be specifically outlined in writing.

B. Counseling Assessment

Referral for assessment at the Counseling and Wellness Center or a certified/licensed agency may be required for alcohol/drug cases, general mental health, or other mental health issues. In cases of probation, suspension, or expulsion, counseling assessment conditions that permit the student's satisfactory completion of the probationary status or readmission to New York Tech will be specifically outlined in writing.

Any student found responsible for a violation of the Student Code of Conduct, or any complainant where one exists, may request a review of the determination and/or of the sanction(s) imposed by the student conduct hearing body, subject to "Section C. Grounds for Appeal," below.

A. Burden of Proof

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 conduct case but rather a review of the specified error as outlined in "Section C. Grounds for Appeal," below.

B. Appellate Forums

1. Decisions of the Director of Residence Life, or Associate Dean of Students (or designee), will be appealed to the Dean of Students (or designee).
2. Decisions of the Dean of Students will be appealed to the Associate Provost of Student Engagement and Development (or designee).
3. Decisions of a conduct hearing body that do not involve violations of the Gender-Based Misconduct and Title IX Policy will be appealed to the Dean of Students, with the exception of expulsion.
4. Decisions of a student conduct board that involve violations of the Gender-Based Misconduct Policy will be appealed to an appellate review panel as determined by the Dean of Students, with the exception of expulsion.
5. For cases not involving violations of the Gender-Based Misconduct and Title IX Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by the President of the university (or designee).
6. For cases involving violations of the Gender-Based Misconduct and Title IX Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by an appellate review panel as determined by the President of the university (or designee).

C. Grounds for Appeal

Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal. Appeal considerations are limited to:

1. A violation of a student's rights or other procedural violation that changed the outcome of the hearing. Appeals based on this consideration will be limited solely to a review of the record and recording of the conduct hearing.
2. New evidence, which was not available at the time of the original hearing and could have changed the outcome. The nature of the evidence must be described in full detail in the appeal letter.
3. The sanction(s) imposed were disproportionate to the violation of the Student Code of Conduct for which the student was found to be responsible.
4. The grounds for appeal for students whose case was determined through a summary resolution is solely that the severity of the sanction is disproportionate to the nature of the offense.
5. Failure to attend a hearing, if proper notice was given as set forth in this code, is not sufficient grounds for an appeal.
6. 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.

D. Appellate Review Process

1. Initiating Appeal: A written appeal must be submitted within five (5) business days of the receipt of the written decision, to the appropriate appellate body listed above in "Section B. Appellate Forums." If the student conduct body decision is not appealed within that time frame, that decision of the student conduct body becomes final.
2. Where a complainant's rights are affected as determined by the Student Conduct Officer and in cases of Gender-Based Misconduct, the complainant and respondent student have equal rights to appeal. If one party appeals, the other will be notified and will be provided the opportunity to respond within five (5) business days.
3. In Gender-Based Misconduct cases, when an appeal is received, New York Tech will conduct its own review of the record to:
   1. Ensure that no member of the appellate panel took part in the underlying investigation or hearing, and
   2. Ensure each member of the appellate panel has been trained as required by law.
4. 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.

E. The Appellate Body

The appellate body may:

1. Affirm the decision previously rendered by the student conduct board.
2. Return the case to the student conduct board for further review and adjudication.
3. Reverse the decision rendered by the student conduct board and/or dismiss the case.
4. Modify the decision rendered.
5. Modify the sanctions (reduce or increase the sanctions imposed).

F. The Appellate Decision

1. The appellate decision is sent in writing to the student, and to the complainant, where appropriate or required, within five (5) business days of an appellate review unless notification is given that additional time is necessary for consideration of the record on appeal.
2. The decision will include a rationale.
3. The outcome of the appeal is final.

An audio or video recording will be made of formal hearings. If a recording malfunction occurs, the hearing body shall include a summary of the testimony sufficiently detailed to permit review in case of appeal. The recording shall be maintained by the Dean of Students (or designee) or Director of Residence Life (or designee) as outlined in "Disciplinary Records." A charged student, or complainant, where applicable, may review the recording of their hearing by scheduling an appointment with the Dean of Students (or designee) or the appropriate residence life hearing officer that conducted the hearing. Except in the case of Gender-Based Misconduct, a student may not have a copy of the audio or video recording or any other written materials involved in the hearing other than direct correspondence between the student conduct body and the student.

A student who fails to complete a sanction within the specified time frame will be considered to be in violation of the code. It is the student's responsibility to notify the appropriate student conduct body if there are mitigating circumstances that prevent them from completing the sanction(s) in the specified time frame. The student conduct body may extend the deadline, at its discretion. It is the student's responsibility to complete all sanctions within the specified time frame to avoid student conduct holds and/or a charge of failure to comply.

• The Associate Dean of Students (or designee), Associate Director of Student CARE and Community Standards (or designee), or the Director of Residence Life (or designee) will place a student conduct hold on the records and registration of any student who fails to respond to a conduct notice or fails to complete a sanction as determined through final New York Tech action. Any pending conduct matters must be resolved prior to re-registration or a student's graduation. No student will be allowed to register, graduate, receive grades, or have transcripts released until the pending disciplinary matter(s) is/are resolved. Student conduct holds may also affect financial aid.
• The Dean of Students (or designee) will place a student conduct hold on the records and registration of a student that is under suspension or expulsion from the institution. The student conduct hold will not be removed until the student's suspension status has expired and/or the requirements as set forth by the student conduct/appellate body for readmission have been successfully met. This determination will be made by the Dean of Students (or designee).
• The Provost and Vice President for Academic Affairs or Dean of Students (or designee) is authorized to place or remove student conduct holds.

Students are encouraged to notify their parents of pending student conduct proceedings. In accordance with the Family Educational Rights and Privacy Act (FERPA), New York Tech officials may provide information to a student's parents or legal guardians, without the student's consent, under certain circumstances, including the following:

1. If it is determined that a student (under age 21) has committed a violation of law or the Student Code of Conduct, which involved the use or possession of alcohol or controlled substances.
2. If New York Tech determines that there is a significant threat to the health or safety of the student or other individuals.
3. If a dependent student has been placed on suspension or expulsion.

1. The university's official mode of communication with students is through 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.
2. Permanent and/or local addresses on file with the Office of the Registrar and/or the student's official New York Tech email account are considered appropriate and official venues for notifications regarding violations of the Student Code of Conduct.
3. Regardless of the mode of communication, the student is deemed to have received the communication upon proper mailing, sending, delivery, or email of the communication to the student.
4. In cases, where appropriate, written conduct notices may be delivered by hand to a student's class, other campus location, or residence hall.

A. Official Record Management

All student-conduct records will be managed in accordance with the Family Education Rights and Privacy Act (FERPA). Official student conduct records are maintained, as follows:

1. Complete conduct records and appellate records of the Office of Residence Life, including all documentation and recordings (if applicable), will be maintained by the Office of Residence Life.
2. Complete student conduct records and appellate records of the Dean of Students, including all documentation and recordings (if applicable), will be maintained by the Dean of Students.
3. Copies of the meeting and appellate decisions (outcome letters or sanctions, if applicable) of the Office of Residence Life, will be maintained by the Dean of Students.
4. For crimes of violence, including, but not limited to sexual violence, New York Tech will make a notation on the transcript of students found responsible after a conduct 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 conduct disciplinary process, New York Tech will make a notation on the transcript of such students that they withdrew with conduct charges pending. Appeals to seek the removal of transcript notations of suspensions (but not expulsions) may be submitted in writing to the Dean of Students no less than one year following the conclusion of the suspension period.
5. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

B. Student Conduct Records Duration

1. Student conduct files are kept for seven years after graduation, except that in cases involving suspension or expulsion, the files are kept indefinitely.
2. After the seven-year period, the conduct record is removed from the student's files.

C. Student Conduct Records Request

Students may not obtain a copy of the information in their student conduct file unless required under federal or state law.

1. Any question of interpretation regarding the student code shall be referred to the Dean of Students or designee for final determination.
2. The Dean of Students or designee shall review the Student Code of Conduct from time to time under the charge from the President, Provost, and Vice President for Academic Affairs, or their designee.

1. All conduct proceedings and records are confidential in accordance with the Family Education Rights and Privacy Act (FERPA), New York Tech will abide by applicable laws requiring confidentiality and privacy with regard to the student conduct process. This confidentiality extends to all student conduct bodies and forums.
2. New York Tech will take 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.
3. New York Tech 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.
4. In other cases involving alleged behavior where the complainant's rights are impacted, the Associate Dean of Students will inform the complainant whenever appropriate of the outcome of the conduct proceeding.
5. All conduct proceedings are private and closed to the public, unless the student alleged to have violated the policy and the complainant (if applicable) agree in writing to an open hearing. However, the student conduct body, when necessary to maintain order or to protect the rights of other participants, can deem the proceedings closed to the public.

1. A student may choose to sign a release form granting the appropriate student conduct body permission to discuss information related to the student's conduct file with any individual that the student designates. This form is available from the Associate Dean of Students (or designee) or the Office of Residence Life. In cases of Gender-Based Misconduct, a student may be asked to complete this form, or a similar consent form, for their advisor to receive information.
2. Any educational institution or other agency requesting information about conduct related to a current or former New York Tech student is required to submit a request, in writing, to the Dean of Students (or designee). All written requests must include the signature of the student granting the release of information related to the student conduct record and the student's current contact information. The Dean of Students (or designee), may contact the student for verification prior to the release of any conduct information.

Students with disabilities requiring special accommodations should notify the Associate Dean of Students (or designee) in writing at least five (5) business days prior to the hearing. The Associate Dean of Students (or designee) will consult with the student disabilities coordinator to determine the appropriate steps that may need to be taken to accommodate the student.

A. 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 the institution poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, or continuance of normal New York Tech functions, the Dean of Students (or designee) will temporarily restrict a student from specific New York Tech facilities including, but not limited to, residence halls, buildings, and classrooms 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, 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 Dean of Students (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student. When the suspension is related to potential Gender-Based Misconduct violations, it will follow the Emergency Removal procedure set forth in the Gender-Based Misconduct and Title IX Policy.

B. 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 the institution poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, continuance of New York Tech functions, or New York Tech property, the Dean of Students (or designee) will temporarily restrict a student from specific New York Tech facilities including residence halls, buildings, and classrooms or temporarily suspend the student from New York Tech for an interim period of time pending an evaluation of that student's well-being by an outside licensed practitioner and/or the Dean of Students. The Dean of Students (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student.

A student placed on interim or emergency suspension is not allowed on any New York Tech campus or property without express permission of the Dean of Students (or designee). In addition, the student may not contact any other student, staff, faculty or administrator with the exception of the Dean of Students (or designee) without prior permission. In cases of interim suspension, the student is entitled to a student conduct hearing as set forth in this code, but not an informational meeting, unless approved by the Dean of Students (or designee).

This supplements the provisions of the Conduct Process 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 New York Tech prohibits retaliation during and after the process.
• That New York Tech 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 the 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, New York Tech will ensure that the designee is appropriately trained and has authority to take corrective action. New York Tech 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

New York Tech 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, New York Tech 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.

New York Tech 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.

New York Tech will promptly resume its process as soon as feasible. During any unavoidable delay, New York Tech 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. New York Tech 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 Student Conduct Officer and the parties. The Student Conduct Officer will then contact the parties to schedule information meetings, as described above.

Section 1 – Preamble

In its mission to provide a career-oriented education, New York Institute of Technology strives to create a community of students, faculty, and staff intent on teaching, learning, and researching. As members of this learning community, students and faculty must work together to ask difficult questions of what we know and to discover what we have yet to learn.

The foundation of academic work is intellectual integrity, credibility, and trust. A learning community can only be maintained if its members believe that their work is judged fairly and held to the highest academic and ethical standards. For these reasons, it is essential that all members of the New York Tech community understand our shared standards of academic honesty. More than just a series of regulations, the Academic Integrity Policy serves as a guide and resource for students and faculty for understanding these standards and their importance in the mission of the university.

Section 2 – Definitions

a. Academic Integrity

Academic integrity is the pursuit of scholarly work in an open, honest, and responsible manner. Academic integrity is a basic guiding principle for all academic activity, and all members of the university community are expected to act in accordance with this principle. Academic integrity includes a commitment to engage in academic work that adheres to the highest standards of academic honesty. These standards include purposeful avoidance of plagiarism, cheating, misrepresentation, unauthorized collaboration, or any efforts at facilitating any academic deception. Such acts of dishonesty violate the fundamental and ethical principles of the community and compromise the worth of work completed by others.

Additionally, dishonesty in a workplace can also lead to serious consequences, up to and including termination of employment or expulsion from school. New York Tech takes seriously its mission to uphold academic integrity and to educate its students to use integrity in all of their work.

b. Academic Dishonesty

All members of the New York Tech community are expected to apply high standards of academic integrity and ethical behavior in completing assignments for evaluation, testing, research, and publication. Any practice or conduct by a member of the New York Tech community that deviates from the ethical standards that are expected within the professional community, and as outlined in this policy, constitutes academic dishonesty. Academic integrity violations encompass any act that compromises the integrity of the educational process. These violations include, but are not limited to:

1. Plagiarism: Plagiarism refers to representing the words or ideas of another as one's own in any academic exercise without providing proper documentation of source. It is the responsibility of all students to understand the methods of proper attribution and to apply those principles in all written, oral, and electronic submissions. This information is available from instructors, library staff, library website, and at the Writing Center. Examples include, but are not limited to:
   
   • Copying information word for word from a source without using quotation marks and giving proper acknowledgement by way of footnote, endnote, or intertextual note.
   • Paraphrasing or putting into one's own words information from a source without providing proper acknowledgement/citation.
   • Reproducing without proper citation any other form of work of another person, such as a musical phrase, a proof, experimental data, laboratory report, graphics design or computer code.
   • Self-plagiarizing, including handing in the same paper, or reuse of a musical phrase, proof, experimental data, laboratory report, graphics design or computer code, for more than one course without the explicit permission of the instructor.
   • Unauthorized purchasing, possessing, taking, copying, or sharing of information to complete academic work.
   • Unauthorized assistance with academic work (e.g. excessive editorial assistance, translation services, applications, and sites, etc.)
2. Cheating: Cheating refers to intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. Examples include, but are not limited to:
   
   • Copying from another student's examination, research paper, case write-up, lab report, homework assignment, or computer program.
   • Possessing or using unauthorized notes, text, or other aids during an examination, quiz, or other assignment.
   • Looking at someone else's exam before or during an examination.
   • Possessing an electronic device that contains unauthorized information for a test or assignment such as programming one's computer or calculator to gain an unfair advantage.
   • Soliciting, obtaining, possessing, or providing to another person an examination or portions of an exam prior or subsequent to the administration of the exam.
   • Talking, whispering, or using a cell phone during an examination for the purpose of obtaining answers to questions.
3. Unauthorized Collaboration: Unauthorized collaboration refers to working with other students without the instructor's permission in the preparation and presentation of reports, laboratory reports, homework assignments, take-home exams, term papers, research projects, case studies, or otherwise failing to abide by the instructor's rules governing the academic exercise where the expectation is that the work to be completed is an individual and independent effort. Working in teams and collaborating with others in completing group projects and other assignments is an effective teaching pedagogy used by some instructors. However, collaborative learning must be sanctioned by the instructor. Students are encouraged to consult with the instructor if they are unsure about the assignment, course expectations, or what constitutes unauthorized collaboration.
4. Unauthorized Online Collaboration: Unauthorized online collaboration refers to using websites and/or social media during examinations, taking pictures of examination questions, and sharing via email, social media, etc.
5. Fabrication: Fabrication refers to the intentional and unauthorized falsification, misrepresentation, or invention of any information, data, or citation in any academic exercise. Examples include, but are not limited to:
   
   • Falsifying or altering the data collected in the conduct of research.
   • Making up a source as a citation in an assignment or citing a source one did not use.
   • Attempting to deceive the instructor by altering and resubmitting as original work or for additional credit assignments, tests, quizzes, or exams that have been graded and returned, or that have been submitted for another course or academic exercise.
   • Stating an opinion as a scientifically proven fact.
6. Facilitation: Facilitation refers to intentionally or knowingly assisting any person in the commission of an academic integrity violation. Examples include, but are not limited to:
   
   • Allowing another student to copy one's answers during an examination.
   • Giving another student one's own assignment or paper to copy answers to a test or assignment.
   • Taking an examination or writing a paper for another student.
   • Inaccurately listing someone as co-author of a paper, case write-up, lab report, or project, who did not contribute.
   • Signing an attendance sheet for a student who was not present in class.
7. Misrepresentation: Misrepresentation refers to intentionally engaging in deceptive practices and misusing one's relationship with the college to gain an unfair advantage in the admissions process, access to programs and facilities, employment opportunities, and any academic exercise. Examples include, but are not limited to:
   
   • Arranging for another student to substitute for oneself during an examination session or in the completion of coursework.
   • Taking credit for work not done, such as taking credit for a group assignment without participating or contributing to the extent expected.
   • Falsifying, misusing, omitting, or tampering with official college information in any form, including written, oral, or electronic, including test scores, transcripts, letters of recommendation, or statements of purpose to gain initial or continued access to the college's programs or facilities.
   • Altering, changing, forging, or misusing academic records or any official college form regarding oneself.
   • Causing any false information to be presented at an academic proceeding or intentionally destroying evidence important to an academic proceeding.
   • Reporting an academic integrity violation known to be false.
   • Misrepresenting or falsifying class attendance or that of another student.
8. Participation in Dishonest Acts: Some dishonest acts that undermine the fundamental values of an intellectual community fall outside of the more specific academic integrity violations described above. Examples include, but are not limited to:
   
   • Purchasing a pre-written or custom-written paper.
   • Selling, loaning, or otherwise distributing materials for the purpose of cheating, plagiarism, or other academically dishonest acts.
   • Intentionally missing an examination or assignment deadline to gain an unfair advantage.
   • Stealing or attempting to access an examination or answer key from an instructor, proctor, or staff member.
   • Infringing upon the right of other students to fair and equal access to any library materials and comparable or related academic resources.
   • Attempting to prevent access by other users to the college's computer system and its resources, to degrade its system performance, or to copy or destroy files or programs without consent.
   • Offering bribes (e.g., monetary remuneration, gifts, or favors) to any college official in exchange for special consideration, waiver of procedures, or change of grade on an assignment or course.

Section 3 – Reporting Violations of Academic Integrity

Students, faculty, and staff share in the responsibility for maintaining the academic standards of the college, for promoting integrity, and for upholding the Academic Integrity Policy. To protect the rights and maintain the trust of honest students and support appropriate behavior, instructors will regularly communicate high standards of integrity (i.e. within syllabi, assignments, exams, etc.) and reinforce them by taking reasonable steps to anticipate and deter acts of dishonesty in all assignments and examinations.

To promote a learning environment that is built upon the fundamental values of honesty, trust, fairness, respect, and responsibility, each community member is encouraged to confront instances of suspected wrongdoing and to report alleged violations of the Academic Integrity Policy to the appropriate instructor, department chair, academic dean, or dean of students (or designee). A standard Academic Dishonesty and Resolution Reporting form, a personal letter/email, or meeting with the appropriate college official are all appropriate means by which referrals are made. Students are not obligated to report suspected violations, but they are encouraged to do so. Students may also approach those involved in alleged academic dishonesty to remind them of their obligation to uphold standards of academic integrity.

Section 4 – Academic Integrity Violations by Level

Violations of academic integrity are organized based on the behavior(s) and related circumstances. The grade percentages, descriptions, examples, and recommended sanctions are provided below. These are general descriptions and are not all-inclusive.

Level One Violations

Level One violations, in the opinion of the instructor, are comprised of students' actions that may be the result of a lack of information or awareness (e.g. not made aware of via a syllabus) and the activity in which the violation occurs is less than 10% of the grade for the course. Level One violations may be most common among first-year students.

Examples:

PLAGIARISM

• Improper citation or footnoting
• Citation of information not taken from the source indicated

Recommended Sanction: Make-up assignment at a more difficult level or assignment of no credit for work in question, required attendance at a library or writing workshop on preparation of term papers, or a related-educational assignment.

Level Two Violations

Level Two violations, in the opinion of the instructor, involve incidences of cheating, plagiarism, fabrication, or academic misconduct when one or more of the following are applicable:

• The student's actions constitute a violation of academic integrity that cannot be attributed to lack of information or awareness (e.g. not made aware of via a syllabus).
• The activity in which the violation occurs is less than 25% of the grade for the course.

Examples:

CHEATING

• Unauthorized assistance with academic work (e.g., excessive editorial assistance)
• Allowing another student to copy one's work
• Copying from another student's work

PLAGIARISM
(representing less than 25% of the entire academic exercise)

• Level One violations that are not attributable to inexperience
• Copying another person's words directly without acknowledging the source
• Paraphrasing or putting into one's own words information from a source without providing proper acknowledgement/citation
• Using facts, statistics or other illustrative material taken from a source without acknowledging the source (unless the information is common knowledge)
• Submitting a computer program, or any other creative work or intellectual property as defined by the discipline, as original work which duplicates, in whole or in part, the work of another, without citation

FABRICATION

• Falsifying or altering the data collected in the conduct of research

ACADEMIC MISCONDUCT

• Submitting the same written work to fulfill the requirements of more than one course without the explicit permission of the present instructor

Recommended Sanction: A failing grade on the assignment or failure of the course (depending on the magnitude of the violation).

Level Three Violations

Level Three violations, in the opinion of the instructor, is comprised of cheating, plagiarism, fabrication, or academic misconduct incidences when one or more of the following are applicable:

• The student's actions are a repeat offense of a Level Two violation.
• The activity in which the violation occurs is 25% or more of the grade for the course.

Examples:

CHEATING

• Possessing or using unauthorized notes, text, or other aids during an examination, quiz, or other assignment
• Copying from another student's examination, research paper, case write-up, lab report, homework assignment, or computer program
• Possessing an electronic device that contains unauthorized information for a test or assignment such as programming one's computer or calculator to gain an unfair advantage

PLAGIARISM
(representing 25% or more of the entire academic exercise)

• Improper citation or footnoting
• Citation of information not taken from the source indicated
• Copying information word for word from a source without using quotation marks and giving proper acknowledgement by way of footnote, endnote, or intertextual note
• Paraphrasing or putting into one's own words information from a source without providing proper acknowledgement/citation
• Reproducing without proper citation any other form of work of another person, such as a musical phrase, a proof, experimental data, laboratory report, graphics design or computer code

FABRICATION

• Falsifying or altering the data collected in the conduct of research
• Making up a source as a citation in an assignment or citing a source one did not use

ACADEMIC MISCONDUCT

• Altering an assignment, exam, etc. and filing a false complaint that an instructor misgraded the assignment, exam, etc.
• Attempting to prevent access by other users to the college's computer system and its resources, to degrade its system performance, or to copy or destroy files or programs without consent

The dean of students (or designee) may determine that a violation reported at Level Two becomes a Level Three in the presence of a prior Level Two violation unknown to the reporting instructor. This determination may be made after the Level Two sanction has already been imposed.

Recommended Sanction: Probation or suspension from the university for one semester and a failing grade in the course.

Level Four Violations

These are the most serious violations of academic integrity and include violations that could result in legal action against the perpetrator. Level Four violations involve cheating, plagiarism, fabrication, or academic misconduct when, in the opinion of the instructor, one or more of the following are applicable:

The student's actions represent:

• A blatant disregard or disrespect for the expectations of academic integrity and/or university life
• A violation of law
• Any degree or category of infraction relating to a graduate thesis

Examples:

FABRICATION

• Falsifying or altering the data collected in the conduct of research in an experiment, research project, or other academic exercise related to the senior or graduate thesis

ACADEMIC MISCONDUCT

• Changing, altering, falsifying or being accessory to the changing, altering or falsifying of a grade report or form, or entering any university office, building or accessing a computer for that purpose
• Coercing any other person to obtain an un-administered test
• Stealing, buying, selling, giving away or otherwise obtaining all or part of any un-administered examination, term papers, or works of art, or entering any university office or building for the purpose of obtaining said materials without authorization
• Taking an examination or writing a paper for another student or permitting another student to perform the same for oneself
• Attempting to prevent access by other users to the college's computer system and its resources, to degrade its system performance, or to copy or destroy files or programs without consent
• Violating the clinical or ethical code of the discipline
• Sabotaging of another's work

The dean of students (or designee) may determine that a violation reported at Level Three becomes a Level Four in the presence of a prior Level Three violation unknown to the reporting instructor. This determination may be made after the Level Three sanction has been applied. Multiple Level Two Violations or a Level Two violation followed by a Level Three violation may only be sanctioned at Level Three. Only multiple Level Three violations may be raised to Level Four.

Recommended Sanction: Expulsion from the university and a permanent dismissal notation on the student's internal academic file.

Section 5 – Academic Dishonesty Review Process

There are two types of forums* provided by this code to review alleged violations of the Academic Integrity Policy:

A. Academic Resolution (Informal)

The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity. Students involved in academic dishonesty, either directly or indirectly as a participant, are immediately responsible to the instructor of the course who is obligated to address the alleged violation.

Academic resolutions are conducted by the instructor of the course in which an alleged violation of the Academic Integrity Policy has occurred. When an instructor suspects that a student may have violated the college's policy in this manner, the instructor shall inform the student of the concerns within five (5) business days of the discovery and present the student with any supporting evidence and documentation. The student shall be afforded the opportunity to respond to the allegations and to offer an explanation during the academic resolution meeting or via email, if the student is unable to meet.

If, after five (5) business days, the student is unresponsive to the instructor's efforts to discuss the academic integrity concerns, the process to address the matter will proceed without the student's participation. Additionally, if the student subsequently submitted additional work with the same academic integrity concerns, and has not been notified about the first incident, the student shall not be held responsible for the second occurrence.

1. Student Accepts Responsibility: At an academic resolution meeting or via email correspondence, if the instructor and the student agree that a Level One or Level Two violation has occurred and the student accepts responsibility for the violation, the instructor may at their discretion impose the following academic sanctions or grade penalties:

Level One or Two Violation:

• Issue the student an oral warning together with information/resources about what is acceptable academic conduct.
• Assign the completion of an academic integrity module.
• Change the grade on the assignment, including lowering or assessing a failing grade.
• Change the grade for the course, including lowering or assessing a failing grade.
• Allow the student to resubmit the assignment or retake the exam.
• Assign additional academic work or alternative assignments.

The instructor must also notify the dean of students of the violation by submitting an Academic Dishonesty and Resolution Reporting form within two (2) business days of the conclusion of an academic dishonesty and resolution meeting or their receipt of written/emailed confirmation from the student regarding the violation. Documentation should be submitted with the Academic Dishonesty and Resolution Reporting form that includes exams/assignments involving cheating, crib sheets, witness statements, or other materials deemed relevant to the case. The incident will be kept on file in the Office of the Dean of Students as a record of the incident and a way to track and respond to repeat/multiple offenses by the same student(s).

Imposing Additional Sanctions for Level Three and Level Four Violations: Disciplinary probation, suspension, expulsion, or removing a student from class are outside the purview of the instructor and may not be issued as part of the academic resolution process. These sanctions may only be rendered through the Student Conduct Panel administered by the dean of students (or designee).

2. Student Does Not Accept Responsibility: If the student does not accept responsibility and/or disputes the allegation or decision of the instructor at the academic resolution meeting, the instructor will assign an incomplete (I) grade on the assignment or in the course, pending the outcome of a hearing before the Student Conduct Panel as outlined in Section 5 (b) of the Academic Integrity Policy. Students assessed an incomplete (I) grade will be allowed to continue in the course without prejudice, pending the outcome of the formal student conduct process. If the course ends before the Student Conduct Panel has acted, the instructor will submit the incomplete grade to the Office of the Registrar pending a hearing before the Student Conduct Panel. At the conclusion of the student conduct process, the instructor will submit a change-of-grade form to the registrar reflecting the outcome of the student conduct hearing and the instructor's evaluation of the student's work in the course.

3. Academic Dishonesty and Resolution Reporting Form: At the conclusion of the academic resolution meeting or communications with the student, the instructor will complete an Academic Dishonesty and Resolution Reporting form. The Academic Dishonesty and Resolution Reporting form may also be used by the instructor to request a formal review of the matter by the dean of students (or designee) and the Student Conduct Panel.

The Academic Dishonesty and Resolution Reporting form should be submitted within two (2) business days at the conclusion of the academic resolution process and also shared with the department chair. The Academic Dishonesty and Resolution Reporting form serves as the official record of the meeting and will become part of the student's student conduct record maintained by the dean of students (or designee). If the dean of students (or designee) receives a second Academic Dishonesty and Resolution Reporting form on a student (either from the same or a different faculty member) after the student has been notified of a current violation that is being addressed, the dean of students (or designee) may proceed with a Formal Hearing as outlined in Section 5 (b) below.

4. Meeting with the Dean of Students (or designee): Upon receipt of the Academic Dishonesty and Resolution Reporting form, the dean of students (or designee) may meet with the student who has accepted responsibility for a violation of the Academic Integrity Policy to review the policy and to stress its importance; outline the resources and services provided by the college to assist students who may be experiencing academic difficulty; and issue a written warning indicating that a further violation of the Academic Integrity Policy will be attended by more serious student conduct sanctions. In cases where a student is assessed and accepts a failing grade for the course by the instructor, the student will be informed that they are no longer allowed to attend the class. Students found responsible for a first violation may also be required to complete the Academic Integrity Modules which are coordinated through the dean of students (or designee). A summary letter of the meeting will be sent to the student and a copy forwarded to the instructor and department chair. In cases where the student does not accept responsibility for a violation of the Academic Integrity Policy, the dean of students (or designee) will initiate the formal student conduct process outlined in Section 5 (b) of this Academic Integrity Policy.

5. Academic Resolution Appeals: A student who accepts responsibility and agrees with the academic sanctions or grade penalties imposed by the instructor as part of the academic resolution process cannot appeal the decision to a higher authority or the Student Conduct Panel. The decision and sanctions imposed by the instructor are final. A student who does not accept responsibility and/or disputes the allegation or decision of the instructor has the right to have the matter reviewed by the dean of students (or designee) with a referral to the Student Conduct Panel when determined by the dean of students (or designee).

b. Formal Conduct Hearing Panel

1. Initiating Charges: The dean of students (or designee) is responsible for investigating complaints of alleged violations of the Academic Integrity Policy, and the Student Conduct Panel will be called upon to hear cases under the following circumstances:
   
   • If after a thorough review of a complaint it is determined that there is sufficient evidence to formally charge a student with a violation of the policy.
   • If at the conclusion of the academic resolution meeting the student disputes the allegation and does not accept responsibility for violating the Academic Integrity Policy or disagrees with the sanction(s) imposed by an instructor.
   • A review of a student's disciplinary record indicates a Level Three, Level Four, and/or multiple reported violations of the Academic Integrity Policy.
   • The instructor or the dean of students (or designee) feels that the seriousness of the first offense (i.e. Level Three or Level Four violation) warrants a review by the Student Conduct Panel.

   If the dean of students (or designee) determines that there is insufficient evidence to charge a student with a violation of the policy, the formal disciplinary process will not be initiated and all parties will be notified in writing. If there is insufficient evidence to formally charge a student with a violation of the policy and the instructor chooses to issue an academic sanction or grade penalty, the student has the right to request a review of the matter by the grade appeals committee.

2. Procedures: If the dean of students (or designee) determines that there is sufficient evidence to charge a student with a violation of the policy, the formal student conduct process will be conducted in accordance with the procedures set forth in the Student Code of Conduct (Section 10). As set forth above in Section 5(A)(2), an incomplete (I) grade will be assigned by the instructor pending the outcome of the formal hearing.
3. Academic Sanctions and Grade Penalties: The Student Conduct Panel does not have the authority to issue academic sanctions or grade penalties in cases where a student is found responsible for violating the Academic Integrity Policy. The evaluation of a student's academic work and issuing a course grade is the responsibility of the instructor. However, the Student Conduct Panel may make a recommendation to the instructor for consideration regarding the final grade, in addition to issuing non-academic sanctions (i.e. educational/community assignments, suspension, expulsion, etc.). In cases where a student is found responsible for an academic integrity violation by the Student Conduct Panel and the student has exhausted the student conduct appeals process, the student cannot appeal the decision to a higher authority. The Student Conduct Panel sanctions and any academic sanctions or grade penalties imposed by the instructor are final. In cases where a student is found not responsible for an academic integrity violation by the Student Conduct Panel and the instructor chooses to not impose an academic sanction or grade penalty to reflect the outcome of the formal hearing, the student has the right to request the review of the matter by the grade appeals committee.
4. Withdrawal from the Course Pending Resolution: Students are permitted to withdraw from a course after an alleged violation is reported. If an instructor determines that a student has violated the Academic Integrity policy, and the student withdraws from the course, the instructor shall inform the dean of students of the resolution by the submission of an Academic Dishonesty and Resolution Reporting form (including all supporting documentation). The dean of students shall review the student's conduct file to determine if there are multiple academic integrity violations and/or if the case should be elevated. Ultimately, the dean of students will update the student's disciplinary file to reflect the final resolution.

* Accompaniment by an advisor of the student's choice for an informal meeting or formal conduct hearing: The advisor may not speak, serve as a witness, or represent the student before the hearing body. The advisor may not serve as a legal representative. Students must speak for themselves. (For exemptions, see "Auxiliary Aids and Services" later in this handbook).

Section 6 – Student Resources

New York Tech Resources to Help You Succeed

Academic Support:

• Learning Center
• Writing Center
• Research Assistance

Health, Wellness, and Accessibility Services:

• Accessibility Services
  • Procedures for Students with Disabilities
  • Rights and Responsibilities of Students with Disabilities
• Counseling and Wellness

Campus Life Resources:

• Enrollment Services Center
• Student Veteran Resources
• Student Life

Online Resources:

• Plagiarism.org
• Purdue Online Writing Lab
• Self-Plagiarism: How to Define It and Why You Should Avoid It

As members of the New York Tech community, we are committed to upholding the highest standards of academic integrity. This pledge is a solemn promise to ourselves, our peers, and the university community to act with honesty and integrity in all academic and personal endeavors and with the understanding that doing so will further our development as responsible members of our community and benefit our educational and career endeavors.

We pledge to:

1. Strive for excellence and to do our best work consistently.
2. Follow the Academic Integrity Policy and course syllabi for all exams, assignments, and other coursework.
3. Meet deadlines, show up for classes and meetings prepared and on time, and respond in a timely manner to emails and other correspondence.
4. Seek and utilize faculty and campus resources when we are unsure of the requirements of an assignment.
5. Uphold the behavioral expectations outlined in the Student Code of Conduct (U.S. and Vancouver campuses) in our interactions with fellow students, staff, faculty, administrators, and all who further our education and professional development.
6. Take ownership for our mistakes.
7. Prioritize our holistic (mental, emotional, physical, spiritual, and social) wellbeing.
8. Support others in their pursuit of success and wellness.
9. Be respectful of individuals with experiences and feelings that are different from our own, as well as individuals from all identities, as described in our Statement on Non-Discrimination.
10. Listen to our peers with an open mind and challenge our own opinions when their beliefs differ from our own.
11. Make evidence-based decisions.
12. Be attentive and conscious of how our words, decisions, and actions impact others.

Adhering to this Honor Code demonstrates respect and integrity for ourselves, New York Tech and the greater community.