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 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.
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 the Computer Usage Policy or any computer lab policy. 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.
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 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 will 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 below.

DISCIPLINARY COMMITTEE PROCEDURES

Appointed by the President, the Disciplinary Committee is responsible for review of violations of the Academy’s Student Conduct Policy. The Committee is composed of an administrator (who serves as Committee Chair), two faculty members and two students, who all receive annual training. If student misconduct is referred to the Disciplinary Committee by the Provost, the student will be notified of this action in writing. The Committee Chair sets a hearing date and notifies all participants. The complainant and respondent to the complaint are requested to state their cases in writing and submit them to the Committee Chair prior to the hearing. Written arguments are distributed to Committee members. All Committee members must be present for a quorum to exist. Committee members interview the complainant, respondent and witnesses, as necessary.

If the student involved in the disciplinary action does not appear for the hearing, or files a written request for a continuance, the Committee shall, at its discretion, hear the case, and decide upon an appropriate disciplinary action, if any.

The Committee Chair must issue written findings, including a description of documentation and testimony considered by the Committee in its deliberation. As necessary, the written findings will be supplemented by the recommendation of the Committee of a penalty, if any. Findings are sent to the student and the President.

If a student appeals the findings, the student may send a written appeal to the President, stating the reasons for disagreeing with the Committee’s recommendations. If the President considers the student’s request to have validity, the President may choose to meet with the Committee and request that it reconsider its decision. In the event that the Committee does not wish to reopen the case, the decision stands.

Possible penalties for misconduct 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.

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.

These institutional penalties 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.