STUDENT CONDUCT POLICY

The term “student” for the purposes of this Code means an individual for whom the Academy maintains students records and who:

is enrolled in or registered within an academic program of the Academy;
has completed the immediately preceding term, is not presently enrolled, and is eligible for re enrollment, including the recess periods between academic terms;

is on an approved educational leave or other approved leave status, or is on filing-fee status.

The Code also applies to applicants who:

become students, for offenses committed as part of the application process
become students, for offenses committed on campus and/or while participating in Academy-related events or activities that take place following a student’s submission of the application through the student’s official enrollment

All students are expected to comply with the policies and regulations established by New York Academy of Art and their respective programs. Academy policies governing student conduct are outlined below and on the Academy’s website. The Academy reserves the right to review and amend these policies as necessary to reflect changes in professional norms or campus requirements, and does not intend to create rights beyond those of the background laws framing such codes, generally.
The following examples of misconduct warrant investigation and possible penalties:

Alcohol and Drug Policy: In compliance with the Federal Drug Free Workplace Act of 1988 (Public Law 100-690) and the Drug Free Schools and Communities Act of 1989 (Public Law 101-226), the Academy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol (as defined by these acts) by a student or employee on Academy property or at any Academy event or activity. No alcohol is allowed on Academy property or property controlled by the Academy without the prior written approval by the President or Board of Trustees. Violations will result in disciplinary action up to and including dismissal from the Academy.
Attire: Students are expected to dress in a manner that is neat and respectful of the professional educational environment. Unacceptable forms of attire include clothing with offensive language, images, or symbols and revealing or overly casual attire such as beachwear. Certain academic programs or events may have specific dress requirements. Students should adhere to any additional guidelines provided by their program directors or event organizers.
Bullying: includes repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish a Complainant.
Computer Usage: Violations of ethical standards and unauthorized or inappropriate use of computer such as, but not limited to, using other’s email without permission, downloading, viewing, or creating pornographic material, monopolizing hardware, software and/or printers for personal use (not Academy related), tampering with the Academy’s network security system, or any illegal activity that violates the laws of libel, copyright, trademark, or the Buckley Amendment.
Dishonesty: includes cheating, plagiarism, other areas of academic dishonesty, or intentionally giving false information to the Academy or Academy officials.
Disruptive Behavior: includes disorderly, indecent, or obscene conduct either in the classroom or on Academy-owned/operated facilities or properties on/at Academy-sponsored events that significantly interferes with the academic mission or operations of the Academy.
Endangerment: includes any physical action, including hazing (further defined below), which intentionally or recklessly threatens the physical well-being, mental health, or safety of others.
Failure to Comply: Failure to identify oneself to, or comply with the directions of, an Academy official or other public official acting in the performance of the official’s duties while on Academy property or at official Academy functions; or resisting or obstructing such Academy or other public officials in the performance of or the attempt to perform their duties.
Intimidation: Individual or group behavior which intentionally and substantially impinges upon or invades the rights of others. Such conduct includes, but is not limited to, implied threats or acts that cause the Complainant reasonable fear of harm.
Hazing: includes acts likely to cause physical or psychological harm or social ostracism to any person within the Academy community, when related to the admission, initiation, pledging, joining a student organization or any other group affiliation activity.
Prohibited Weapons: Possession or use of a firearm, explosives, fireworks or other weapons including mace or pepper spray.
Smoking in Restricted Areas: All buildings owned and leased by the Academy are tobacco-free. Neither smoking nor chewing of tobacco is allowed except in approved designated smoking areas.
Theft/Vandalism: theft of or intentional damage to Academy property or the property of another may subject students to Academy disciplinary measures as well as legal action.
Violation of Privacy: Unauthorized photography or recording that compromises the privacy or creative process of others is strictly prohibited. Any student found in possession of a camera or other recording device within an art studio without proper authorization may be asked to remove the camera or recording device from the premises and may face disciplinary action depending on the severity of the violation.
Violation of Academy Policy – conduct that would constitute a violation of any Academy policy, rule, or regulation.

Students may report misconduct, both academic and non-academic, to the President, the Provost or the Director of Student Services. Violations of the Student Conduct Policy may be referred to the Disciplinary Committee and subject to the procedures outlined below.

Violations of the Academy’s Title IX, Discrimination and Harassment Policies must be reported to the Academy’s Title IX Coordinator and are not subject to Disciplinary Committee procedure. Please refer to the Academy’s Title IX Policy posted on the institution’s website: https://nyaa.edu/title-ix/

Misconduct of an academic nature, including plagiarism, cheating, forging, alteration or other misuse of academic documents, is subject to investigation and disciplinary action by the Faculty Committee. Decisions of the Faculty Committee are final. Non-academic misconduct (for example, violation of building regulations) is subject to investigation and possible imposition of penalty by the President. The President may refer adjudication of such non-academic misconduct to a Disciplinary Committee as outlined in the Disciplinary Committee Procedures.

STUDENT CONDUCT PROCESS

Faculty, staff, students, or others—can file a complaint alleging that a student violated the Code, whether academically or non-academically. The Academy may also independently investigate misconduct from sources like police or press reports, even without a complaint. Within ten days of receiving a complaint (unless formally extended), the Academy will initiate the student conduct process. The Academy’s student conduct process is a four-step model that consists of the following stages: Preliminary Inquiry, Informational Meeting, Resolution, and Appeal.

Step 1: Preliminary Inquiry

The Academy will conduct a preliminary inquiry into the nature of the incident, complaint, or notice of alleged policy violation, the evidence available, and the parties involved. The preliminary inquiry is a neutral fact-finding process that is used to determine whether there is sufficient information to warrant action by the Academy. Preliminary meetings with the Complainant and/or witnesses may occur before initiating the student conduct process or contacting the Respondent. If the Respondent is contacted about the complaint during the preliminary inquiry, the Respondent will be made aware of the initiation of the preliminary inquiry and that the incident could result in a student conduct process being initiated. The preliminary inquiry may result in any of the following:

No Action: If there is insufficient credible information to indicate a potential violation occurred, the complaint will not be advanced to the student conduct process. The information will be retained by the Academy to document that the matter was reviewed.
Educational Conversation: If the information provided is concerning but does not reach the level of a potential policy violation (e.g., an incident that occurs outside of the Academy jurisdiction or repeated low-level behaviors), Academy officials may have an educational conversation about the behavior with the Respondent.
Initiation of Conduct Process: If there is reasonable cause to believe that a Respondent may have violated Student Conduct Policy, the conduct process will be initiated.

If it is determined that the alleged behavior would fall within the jurisdiction of another Academy process or department, the Academy may collaborate with the appropriate process or department and/or refer the alleged behavior accordingly. Failure for any party to participate in any portion of the student conduct process will not unreasonably delay the student conduct process or impact the validity of such proceedings.

Interim Measures

The President may impose an emergency suspension when, in the President’s judgment, such action appears necessary (a) for reasons relating to a student’s physical or emotional safety and well-being or the safety and well-being of a member of the Academy or its property; or (b) to deal with a continuing disturbance or a forcible interference by students with any Academy activity. If a student is suspended in this manner, the suspension may be lifted by the President or referred to the Disciplinary Committee.

Step 2: Informational Meeting

Once the initiation of the conduct process has occurred, the Respondent will be provided with written notice a minimum of two (2) days before an informational meeting, barring any exigent circumstances. The notice will include the following:

A brief summary of the incident, including the date, time, and location of the alleged offense where possible.
A list of the Academy policies or campus regulations allegedly violated.
Specific statements about potential sanctions if the student opts not to participate in the conduct process.
Information about the opportunity for informal resolution of the charges.
Notification of the student’s right to a hearing.
The student’s right to have an advisor or support person present at any stage of the proceedings, at their own expense.
Procedures for requesting an extension of time.
Notice that the conduct process may proceed in the student’s absence unless they meet with the designated Conduct staff, and
The contact information for the designated Conduct staff assigned to resolve the complaint.

Notice will be made in writing and emailed to the Respondent’s Academy-issued email or is mailed to the local address on file with the Academy or the permanent address on file. In rare circumstances, notice may be delivered in person. Once emailed and/or received in-person, notice will be presumptively delivered.

Informational Meeting

All Respondents are provided an opportunity to attend a scheduled informational meeting with the conduct administrator responsible for resolving the case. An informational meeting is an informal meeting with a Conduct staff who will explain the Respondent’s rights and the alleged violation(s), discuss resolution options, review the Respondent’s responsibilities, and provide an opportunity to review, after any required redaction, the information that was provided as the basis for the alleged policy violation(s). The representative will also answer questions about the process and available options. The Conduct staff may provide a range of possible outcomes for the alleged violation, but that individual cannot ensure that a specific outcome will occur.

During the informational meeting, the Respondent may select one of the available resolution processes (Administrative Conference or Hearing Resolution) for the case. In certain circumstances, the Conduct staff or designee may exercise the authority to select the resolution process. In the absence of a resolution option selection from the Respondent, the Conduct staff will determine the appropriate resolution process for the case. Failure to attend an informational meeting will not delay the student conduct process or impact the validity of such proceedings.

Step 3: Resolution

Administrative Conference

If the assigned Conduct staff believes the outcome for the alleged violation would likely not rise above Probation, the Respondent may elect to have the case resolved by Administrative Conference. An Administrative Conference takes place between the Respondent and designated Conduct staff and does not allow for the presentation of witnesses or additional information to be submitted by the Respondent before the meeting, although the administrator may follow up with other parties as necessary before making a decision. The Administrative Conference will primarily consist of the Respondent sharing their perspective on the reported behavior and the designated Conduct staff asking questions of the Respondent. The result of an Administrative Conference is not appealable.

An Administrative Conference may occur directly following an informational meeting or may be scheduled for a later date. Every effort will be made to schedule an Administrative Conference within five (5) days of the informational meeting. Following an Administrative Conference, the Conduct Administrator will determine whether it is more likely than not that a violation occurred and determine appropriate education sanction(s), if applicable.

If the Respondent does not wish to proceed with an Administrative Conference, and/or the sanction for an alleged violation would be more serious than Probation, the Respondent may elect to pursue Hearing Resolution. A Hearing Resolution may be required by the designated Conduct staff for any case that may result in expulsion. The Hearing Resolution process consists of two hearing options: an Administrative Hearing or Disciplinary Committee Hearing.

Hearing Resolution

Hearings involve the presentation of information by witnesses (as necessary) and provide an opportunity for the Respondent to present witnesses and information for review as part of the decision. A list of witnesses, their relevance to the alleged violation(s), and their contact information must be submitted, in writing, to the designated Conduct staff within five (5) days after the informational meeting.

Administrative Hearing

An Administrative Hearing is conducted by designated Conduct staff as determined by the President. The designated Conduct staff is responsible for determining whether it is more likely than not that a violation occurred and determining appropriate education sanction(s), if applicable. An Administrative Hearing involves the presentation of information by the Respondent(s), Complainant(s), if applicable, and any Witness(es), if applicable. The Respondent(s) will be allowed to ask relevant questions of the Complainant(s) and/or any Witness(es) at the discretion of the Conduct Administrator. In incidents involving an identified harmed party, the Complainant(s) will also be allowed to ask relevant questions of the Respondent(s) and/or any Witness(es) at the discretion of the Conduct Administrator. The Academy cannot compel anyone to attend a hearing.

Disciplinary Committee Hearing

The Academy’s Disciplinary Committee is appointed by the President and consists of three members, including students, faculty, and/or staff, though other configurations are possible at the discretion of Conduct staff. The Disciplinary Committee is responsible for determining whether it is more likely than not that a violation occurred and to determine appropriate sanction(s), if applicable. One (1) committee member will serve as the Disciplinary Committee Chairperson, selected by the President or designee.

Disciplinary Committee Hearing Procedures

Disciplinary Committee hearings will be conducted in accordance with the following guidelines:

Hearings will be closed to the public. The Complainant, Respondent, and their respective Support Person are permitted to attend the entire hearing, except for deliberation.
In cases involving multiple Complainants and/or Respondents the President may determine that the hearings be conducted jointly. In joint hearings, separate determinations of responsibility will be made for each charge and each Respondent, and for any patterns that are alleged. Any Respondent wanting to have their hearing conducted individually may submit a written request a minimum of three (3) days before the scheduled Hearing to the designated Conduct staff who will decide whether to grant the request.
The designated Conduct staff will arrange for witnesses to attend the Hearing and present relevant information. Failure of a witness to appear will not automatically require a delay or affect the validity of the proceedings. A decision will be made on the information presented during the hearing.
The Complainant, the Respondent, the Hearing Panel, and the designated Conduct staff will have the privilege of questioning all present witnesses and all present parties (directly or through the Chairperson, at the discretion of the Chairperson).
Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Hearing Panel and the designated Conduct staff. Formal rules of evidence are not observed. Pertinent records, exhibits, and written statements must be submitted to the Academy within five (5) days following the informational meeting. The designated Conduct staff may increase the amount of time needed, if appropriate, pending a written notice from the Respondent or Complainant. If an extension is approved, the designated Conduct staff will notify both the Respondent and Complainant of this extension.
All procedural questions are subject to the final decision of the President or Hearing Chair.
If the Respondent has received adequate notice but fails to attend a hearing without a legitimate reason for being absent, the hearing will proceed in the Respondent’s absence. Otherwise, the hearing will be rescheduled.
The Academy may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, Reporter, and/or Witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed-circuit television, video conferencing, videotape, audiotape, written statement, or other means, where the Academy staff member deems this accommodation to be appropriate.
After a hearing, the Disciplinary Committee will deliberate and determine, by majority vote, whether it is more likely than not that the Respondent has violated Student Conduct Policy. The designated Conduct staff will be available as a resource during all deliberations. Once a finding is determined, if the finding is that of a policy violation, the Disciplinary Committee will determine an appropriate sanction(s). The Hearing Chairperson will issue a written outcome detailing the findings, the information cited by the Disciplinary Committee in support of its findings, and any recommended sanctions. Outcome letters are sent to the Respondent and the President.
There will be a single verbatim record, such as an audio recording, for all Disciplinary Committee hearings. Deliberations will not be recorded. The record will be the property of the Academy and maintained according to the Academy’s Record Retention Policy.

Outcome Notification

The outcome will be sent via e-mail to the Respondent’s official Academy e-mail address within ten (10) days of the Administrative Conference or Hearing Resolution, unless extenuating circumstances exist. The outcome will be copied to a Complainant as permitted by law or Academy Policy.

If the Respondent is found to be responsible for a violation of the Student Conduct Policy, the outcome will also include any assigned sanction(s). Sanctions may be issued individually, or a combination of sanctions may be issued.

Respondents who are found not responsible for violating the Student Conduct Policy will not receive any sanctions.

The outcome of a student conduct process is part of the education record of the Respondent and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence,” the Academy will inform the alleged victim/party bringing the complaint in writing of the final results of a Disciplinary Committee hearing regardless of whether the Academy concludes that a violation was committed. Such release of information may only include the Respondent’s name, the charges, the finding, and the sanctions assigned (if applicable).

In cases where the Academy determines through the student conduct process that a student violated a policy that would constitute a “crime of violence,” the Academy may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

Arson
Assault offenses (includes stalking)
Burglary
Criminal Homicide—manslaughter by negligence
Criminal Homicide—murder and nonnegligent manslaughter
Destruction/damage/vandalism of property
Kidnapping/abduction
Robbery
Forcible sex offences
Non-forcible sex offences

Step 4: Appeal

Any party may request an appeal of the decision of a Hearing Resolution by filing a written request to President or designee, subject to the procedures outlined below.

Grounds For Appeal Requests

Appeals requests are limited to the following grounds:

A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures);
To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included. Note that this criterion may not be used by Respondents who choose or fail to attend or participate in the original proceeding they are appealing; or
The sanctions imposed are substantially disproportionate to the severity of the violation or outside the parameters or guidelines set by the Academy for this type of offense, and/or the cumulative conduct record of the Respondent.

Appeals must be filed in writing with the President or designee within ten (10) days of the notice of the outcome to the hearing, barring extenuating circumstances. Any exceptions are made at the discretion of the President.

The President or designee will share the appeal by one party with the other party (parties) when appropriate under procedure or law (e.g., if the Respondent appeals, the appeal is shared with the Complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds). The President will refer the request(s) to the Academy’s designated Appeal Officer, appointed by the President or designee.

The Appeal Officer will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. They may consult with the designee on any procedural or substantive questions that arise.

If the appeal is not timely or substantively eligible, the original finding and sanction(s) will stand and the decision is final. If the appeal has standing, the Appeal Officer determines whether to make a determination or to remand it to the Disciplinary Committee, typically within 3-5 business days. Efforts should be made to use remand whenever possible, with clear instructions for reconsideration only in light of the granted appeal grounds. Where the Disciplinary Committee may be unduly biased by a procedural or substantive error, a new Disciplinary Committee will be constituted to reconsider the matter, which can in turn be appealed, once. A full rehearing by the Appeals Officer is not permitted. Where new evidence is presented or the sanction is challenged, the Appeals Officer will determine if the matter should be returned to the Disciplinary Committee for reconsideration or if it will be reviewed by the Appeals. In review, the original finding and sanction are presumed to have been decided reasonably and appropriate, thus the burden is on the appealing party(ies) to show clear error. The Appeals Officer must limit their review to the challenge(s) presented.

On reconsideration, the Appeals Officer or original Disciplinary Committee may affirm or change the findings and/or sanctions of the original hearing according to the permissible grounds. Procedural or substantive errors should be corrected, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.

All substantive decisions of the Appeals Officer are to be made within five (5) days of receipt and are final, as are any decisions made by the Disciplinary Committee or the President as the result of reconsideration consistent with instructions from the Appeal Officer.

The presumptive stance of the Academy is that all decisions made, and sanctions imposed by the Disciplinary Committee are to be implemented during the appellate process. At the discretion of the Presdeint, implementation of sanctions may be stayed pending review only in extenuating circumstances. This does not include proximity to graduation, end of term, or exams. Instead, it refers to an overwhelming likelihood, as determined by the Appeals Officer and the designee in consultation with each other, that the appeal would result in a reversal of the finding and/or substantial modification of the sanctions.

Appeals are not intended to be full re-hearings of the complaint from the beginning. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal; Witnesses may be called if necessary.

Appeals are not an opportunity for the Appeal Reviewer to substitute their judgment for that of the Disciplinary Committee merely because they disagree with the finding and/or sanctions. Appeals decisions are to be deferential to the original determination made by the Disciplinary Committee making changes to the finding only where there is clear error and to the sanction(s) only if there is a compelling justification to do so.

SANCTIONS

Possible sanctions for violations of the Student Conduct Policy include, but are not limited to:

Reprimand: a verbal or written notice indicating that a recurrence of the misconduct may result in further penalties.
Probation: indicating the student is in official jeopardy and the commission of a serious offense

during this period will normally result in suspension or expulsion.

Suspension: a suspended student forfeits all privileges of enrollment and may be required to petition for readmission or be subject to conditions for readmission.
Expulsion: permanent separation from the Academy.
Restitution: in cases where there has been damage or loss to the school or an individual. Failure to make restitution may result in, among other things, the denial of graduation or further enrollment.
Educational/Restorative sanctions, determined as appropriate.

These institutional sanctions are in addition to any penalties or liabilities pursuant to the violation of the civil or criminal laws of the State of New York. The President may, depending on the gravity of the violation, institute a civil or criminal complaint with appropriate public officials.