Conduct Process

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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:

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).
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.
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

A student alleged to be in violation of the Student Code of Conduct will generally 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 five (5) business days from receipt of an incident report or written statement. This timeframe may be reasonably extended to accommodate university break periods or where a preliminary investigation is needed.

When allegations require additional information before charging, the Associate Dean of Students, or designee, will commence a preliminary investigation into the allegations within five (5) business days, or as soon as reasonably possible after receiving the report. The format and substance of the preliminary investigation will be determined by the Associate Dean of Students, taking into account the identity of the source, the severity of the allegations, and the amount of additional information needed. It may include meeting with the complainant or reporting party, reviewing available evidence, and meeting with witnesses and/or the accused student.

If the preliminary investigation results in a determination by the Associate Dean of Students that charges are appropriate and proper jurisdiction exists, the accused student (and complainant, if applicable) will be notified of the charges. Written notification of charges will occur within five (5) business days of the conclusion of the preliminary investigation, or as soon as reasonably possible thereafter; however, where allegations involve gender-based misconduct—either in whole or in part—the Formal Investigation Procedure in Appendix A will apply.

D. Information Meeting

After the appropriate investigation process has been completed, if charges are warranted, a written notice of charges will be sent to the accused student (and complainant, if applicable). That notice will include an opportunity to attend an information meeting (except in cases involving interim suspension) as described below.

Either in writing prior to, or during the information meeting, the parties will be provided the following:

Clear and complete description of the Student Code of Conduct and brief description of the allegations to be considered.
Information related to the student's rights and responsibilities.
An opportunity to understand all information in their student conduct file.
Information regarding the resources available to the student in preparation for their student conduct case.
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.

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 seven (7) 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 to each party shall:

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 can see and hear a party or witness while they are speaking.
- A student may request an in-person or remote hearing format, but it is ultimately within the discretion of the student conduct officer.
A statement of the nature of the case and of the forum under which it is to be heard.
A brief summary 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.
Information regarding hearing procedures and logistics, including the presence of other parties and/or witnesses at the hearing (typically reserved for formal hearings).
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.
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 university 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 sanction(s).

G. Disciplinary Consolidations

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.
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.
The student conduct officer will seek input from the parties as to consolidation of cases but retains final responsibility for consolidation determinations.
If the same incident(s) result in multiple charges, some of which would constitute violations of Title IX and others that would not, the allegations will be processed together through the Title IX Procedure.

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:

Advise the student of their rights under the Student Code of Conduct.
If an advisor is present, review the advisor's role and limitations during the hearing as outlined below.
Make all administrative decisions on matters relating to the conduct of the hearing, including matters regarding admission of relevant evidence, statements, and questions.
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.
Ensure that all questioning of witnesses is done in an organized and respectful fashion. The student conduct officer reserves the right to determine the method for delivery of questions posed by the parties.
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.
Administer an appropriate oath of truthful testimony to the parties and to all witnesses.

I. Formal Hearings: Role of Advisors

While parties are allowed to have an advisor of their choosing accompany them to a hearing, New York Tech does not provide advisors and cannot guarantee equal advisor rights. 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.
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.
Advisors should not be witnesses due to the potential conflict, which may impact the weight given to their testimony by the student conduct body.
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.
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

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.
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, except in exceptional circumstances. Witnesses will be present for the hearing only during their testimony
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.
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.
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).
Prior to the hearing, the student conduct officer will finalize a witness list. The student conduct officer may decide in advance of the hearing, in consultation with the parties, 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.
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.
In cases where an investigation was conducted, witnesses scheduled to participate in the hearing must have been first interviewed by the investigator(s). The student conduct officer may allow exceptions in limited circumstances, upon good cause shown.

K. Formal Hearings: Testimony and Questioning

The student conduct officer will direct the questioning of the parties and witnesses by the student conduct body and by the parties. The student conduct officer will determine the method and timing by which the parties will submit their questions for the officer's review and posing. Questions that the parties wish to have posed can be questions for that party themselves, another party, or witnesses.
The student conduct officer maintains final discretion in questioning and will limit or disallow questions they deem irrelevant and/or inappropriate.
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

The investigator, where applicable, and the student conduct body will only consider evidence that is deemed relevant. 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.
Unrelated, past behavior of parties will not be considered in making determinations of responsibility. For allegations of gender-based misconduct, this includes parties' prior sexual history with non-parties and parties'mental health diagnosis and/or treatment.
Where an investigation is warranted, the parties are expected to provide all evidence during the investigation. Existing evidence offered after that time may only be allowed in limited circumstances, upon good cause shown.
The student conduct body will be provided all relevant 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: 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:

Presentation of the incident and the sections of the code alleged to be violated by the student conduct officer.
Brief review and affirmation of student rights and responsibilities by the student conduct officer.
Administration of an appropriate oath of honesty and truthful testimony to the charged student prior to testimony before the hearing body.
Opening statement by the charged student.
Questions directed to the charged student: first by the hearing body, and then by the other party where appropriate and in the format determined by the student conduct officer.
Administration of an appropriate oath of honesty and truthful testimony to each witness prior to testimony before the hearing body.
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.
Follow-up questions to the charged student.
For gender-based misconduct cases and other cases where a complainant's rights are impacted, 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 and witnesses, submit questions to, and respond to questions from the hearing body and charged student, 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.
Closing statement by each of the parties, where applicable.
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.

N. Formal Hearings: Deliberations

Deliberations are closed, except for members of the student conduct hearing body, and are not audio or video recorded.
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.
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.

O. Findings

In formal hearings, within fifteen (15) business days after the conclusion of deliberations, the student conduct hearing body will provide each of the parties with 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).
5. The procedures and permissible bases for appealing.
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.
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).