Introduction

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

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

Students will be considered for disciplinary action whenever conduct that may be in violation of the Student Code of Conduct occurs on the NYIT College of Osteopathic Medicine campus or related facilities and/or conduct adversely affects the NYIT College of Osteopathic Medicine community. For violations that do not occur on NYIT College of Osteopathic Medicine campuses or related facilities, action will be considered if NYIT College of Osteopathic Medicine officials decide that institutional interests are involved.

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

A. Academic Integrity/Honesty

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

B. Alcohol and Other Drugs

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

C. Bullying and Cyber-Bullying

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

D. Computer Misuse

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

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

E. Discrimination

• Discrimination on the basis of race, color, ethnicity, sex, gender, marital status, sexual orientation, gender identity, national or ethnic origin, age, disability, creed or religion, or veteran status.
• Bias/Hate crime, according to Title Y, NYS Hate Crime Act 2000, Article 485 of the New York State penal Law.

F. Disruptive Conduct

Behavior that:

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

G. Endangerment

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

H. Failure to Comply

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

I. Fabrication/Fraud/False Testimony

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

J. Fire and Emergency Safety

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

K. Participation in Unprofessional Acts

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

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

L. Gender-Based Misconduct

Please refer to the Gender-Based Misconduct Policy. As provided in the Gender-Based Misconduct Policy, some violations will follow the procedures below and others will be subject to the Title IX Procedure.

M. Smoking

Please refer to Facilities Information below.

N. HIPAA Violations

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

O. Social Media

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

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

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

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

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

P. Theft and Trespass

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

Q.Vandalism

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

R. Weapons, Firearms, Explosives

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

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

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

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

Any member of the college community may report a possible violation to the Associate Dean of Student Administration setting forth specific charges that a student is in violation of any standard of this code. The Associate Dean of Student Administration joined by the Assistant Dean of Student Administration, or the designee, shall commence a preliminary investigation to be conducted by meeting with the complainant within five business days after receiving the report of charges. At the conclusion of the meeting, the Associate Dean of Student Administration joined by the Assistant Dean of Student Administration, or the designee, will schedule an information meeting with the student accused of the violation within five business days of the meeting with the complainant, and provide them with a summary of the charges. After the student's information meeting, the student has the right to send a written response to the charges within 24 hours of the information meeting.

However, in cases of violations of the Gender-Based Misconduct Policy, a more substantial investigation may be necessary. In such cases, the accused student will receive notice of the allegations and of the commencement of an investigation within five business days of receipt of the complaint. But the student's information meeting will not occur until after a more formal interview and investigative process, which will be conducted as expediently as possible, and during which time the accused student will have the opportunity to respond to the charges. The accused student will be informed in writing of the date, time, location, factual allegations, specific code of conduct violations and possible sanctions prior to the information meeting. Within five business days of the completion of the investigation, the accused student will be notified of their entitlement to an information meeting.

At the conclusion of either process, the Associate Dean of Student Administration will determine if a hearing is required, and if appropriate, a hearing will be scheduled within ten business days. Both complainants and accused students will receive notice of all meeting and hearing dates associated with the disciplinary process.

A. Administrative Hearings

The administrative hearing will be conducted by the Associate Dean of Student Administration. Also present will be the Assistant Dean of Student Administration/Student Affairs at either campus location. Administrative hearings or summary resolutions are for the students electing to accept responsibility for the alleged violation. Written decisions will serve as the official records of administrative hearings and will be sent to the individual who filed the charges and/or the student accepting responsibility for the violation within ten business days from the conclusion of the summary resolution.

B. ProfessioNalism and Ethics Review Board

The Professionalism and Ethics Review Board is the judicial body that conducts formal hearings.

Student Rights

Accused students have the following rights:

• A fair and impartial hearing
• The opportunity to present relevant evidence and information on their behalf, including presenting witnesses and/or signed, written statements, unless waived for informal resolutions or where a student accepts responsibility for the charge. The chair will determine the relevance of all evidence and witnesses to a student disciplinary hearing.
• To hear and question the statements of complainants and adverse witnesses, unless the chair determines that this right may result in undue repercussions to the complainant or witness and that the accused student's ability to respond to the charges is not unduly limited by foregoing such right. The format for questioning will be determined by the chair who will also be responsible for determining the relevancy of all questions. In most cases, the accused student will be directed to submit questions to the chair for consideration and if deemed relevant, the board will pose such questions to the complainant or witness. At the discretion of the chair, a representative from the college may present the statement of a witness if the college has a written and signed statement from the witness (a statement from an official university email account may serve as a proxy signature).
• To have the board only consider evidence presented at the disciplinary hearing in determining whether the student has violated a rule of conduct
• For cases involving alleged Gender-Based Misconduct, the right to exclude their own prior sexual history with persons other than the complainant and their own mental health diagnosis and/or treatment. However, past findings of Gender-Based Misconduct by the accused student may be admissible in the sanctions phase.
• To be present throughout the entire hearing
• To be notified of the disciplinary hearing outcome, reasons for the outcome, right to appeal, and appeals outcome
• To appeal the hearing decision in accordance with the procedures outlined in the Appellate Review section of this Student Code of Conduct

Complainants' Rights

Complainants in matters involving Gender-Based Misconduct, bullying, endangerment, or property theft or damage, have the following rights:

• To attend an information meeting with the Associate Dean of Student Administration and the Assistant Dean of Student Administration, or designee
• To have an advisor, who is not acting as legal counsel, of the complainant's choice accompany them when presenting information to the hearing body and to any other relevant meetings held throughout the disciplinary process. The advisor shall be entitled to be present during every stage of the proceedings up to the time of the board's final deliberations.
• To submit a complainant's impact statement to the hearing body. This information will be used only in the sanctioning phase of deliberations, if the accused student is found guilty of the charge(s).
• To remain anonymous, to the extent possible. A complainant who is unwilling to participate in the disciplinary proceeding needs to understand that this may compromise NYIT College of Osteopathic Medicine's ability to present its case against the accused student, and that the college may have an obligation to proceed without the complainant's involvement if there is a threat to the college community. In certain cases where it is determined that the complainant's active participation in a hearing may result in undue repercussions and the accused student's ability to respond is not unduly limited, the complainant may be granted the opportunity by the chair to remain anonymous in the hearing process; in such cases, an NYIT College of Osteopathic Medicine investigator will represent the statement of the complainant. In such cases, the chair (or designee) may request that the complainant submit written documentation for consideration.
• To provide a statement to student disciplinary bodies in limited privacy, as long as the process does not unduly/unreasonably compromise the ability of the student who is alleged to be in violation of policy to question witnesses or otherwise respond to the charges against them. Determination will be made by the chair.
• To have unrelated past behavior excluded from the hearing. The chair will decide if such information is unrelated. For cases involving alleged Gender-Based Misconduct, this includes the right to exclude their own prior sexual history with persons other than the accused student and their own mental health diagnosis and/or treatment.
• To submit questions and present relevant evidence and information to the hearing body in a format determined by the chair. The chair will also determine the relevancy of any evidence and questions submitted by the complainant.
• To be present throughout the entire hearing, or portions thereof. Determination will be made by the chair
• To be notified of the disciplinary hearing outcome, reasons for the outcome, the right to appeal, and the appeals outcome
• To appeal the hearing decision in accordance with the procedures outlined in Appellate Review section of this Student Code of Conduct
• In cases which involve Gender-Based Misconduct, complainants have additional rights as set forth in the Gender-Based Misconduct Policy in this handbook

After the Professionalism and Ethics Review Board has completed the hearing and determined the outcome of the investigation of the alleged violation, the following will occur if:

• The student is found not guilty based on the preponderance of evidence standard: the chair will notify simultaneously, in writing, both the individual who filed the charges and the student accused of the violation within ten business days from the final decision. The letter will include notice of the parties' right to appeal the decision.
• The student is found guilty based on preponderance of evidence standard: the Professionalism and Ethics Review Board will make the determination of guilt and of the appropriate penalty to be set forth in writing by the chair and delivered simultaneously to the individual who filed the charges and the student found guilty of the charges within ten business days from the final decision. The letter will include the rationale for the sanctions and notice of the parties' right to appeal the decision.

The Professionalism and Ethics Review Board constitutes final institutional action on behalf of NYIT College of Osteopathic Medicine unless a written appeal from either the person filing the complaint or the person found guilty of the violation is submitted in accordance with the Appellate Review section of this Student Code of Conduct.

Note: Only the persons involved in the incident and the committee members can attend the disciplinary hearing, with the above-referenced exceptions for student advisors in certain cases. Additionally, at the request of the Professionalism and Ethics Review Board, the Title IX Coordinator may attend the hearing and deliberations in cases of Gender-Based Misconduct.

Formal hearings may only be recorded by NYITCOM, and will be recorded at the sole discretion of the chair. During a formal hearing, students will be required to store all electronic devices in a designated storage area until the hearing concludes.

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

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

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

The individual filing the complaint or the student accused of the violation may appeal a decision of the Professionalism and Ethics Review Board by submitting a written appeal within three days of the receipt of the written decision. The written appeal should be addressed to the Dean of NYIT College of Osteopathic Medicine. The letter must include specific documentation of the grounds for the appeal. Both parties will be informed if an appeal is filed.

Appeal requests are limited to the following grounds:

1. To consider new evidence, unavailable during the original hearing that could impact the original finding or sanction. This is not a rehearing of the disciplinary case but rather a review of new evidence.
2. Failure to follow the disciplinary hearing process as outlined in this handbook.
3. The sanctions imposed were disproportionate to the violation of the code of conduct for which the student was found to be responsible.

For appeals not involving violations of the Gender-Based Misconduct Policy, the dean (i) will review the written appeal, (ii) may in their sole discretion convene an Appellate Review Panel; and (iii) may in their sole discretion meet with the relevant parties to discuss the appeal.

For appeals involving violations of the Gender-Based Misconduct Policy, the dean will convene an Appellate Review Panel who will decide the appeal.

The appellate decision will be sent to the person filing the complaint and the person being charged with the violation within ten business days of the receipt of the appeal, unless notification is given that additional time is necessary for consideration of the appeal. In the case of an appeal, the appeal determination is the final institutional action on behalf of NYIT College of Osteopathic Medicine.

The entire discipline process shall be completed in no more than 60 days.

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

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

NYIT College of Osteopathic Medicine will make a notation on the transcript of students found responsible after a disciplinary process that there was a sanction of suspension and/or expulsion after a finding of responsibility. For respondents in cases of sexual violence who withdraw from the institution while conduct charges are pending, and decline to complete the student disciplinary process, NYIT College of Osteopathic Medicine will make a notation on 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 no less than one year following the conclusion of the suspension period.

NYIT College of Osteopathic Medicine will abide by all laws requiring confidentiality and privacy with regard to the student disciplinary process.

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

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