Student Code of Conduct
Section 1 – Introduction
New York Institute of Technology (NYIT) 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, NYIT has established policies that set minimum standards for student behavior. As an institution of higher education, NYIT 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 NYIT is unacceptable to building a learning community. NYIT will act immediately to protect life and property, while maintaining and balancing the rights of students and the NYIT community. The right of every student to learn will be protected through enforcement of the NYIT Student Code of Conduct.
Every student who accepts enrollment at NYIT 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 NYIT 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 NYIT community. This Student Code of Conduct does not govern students at the NYIT College of Osteopathic Medicine or NYIT's international campuses. Those programs have developed their own codes of conduct for registered students.
Section 2 – Definitions
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.
The terms "code," "student code," "code of conduct," "NYIT Student Code of Conduct," "NYIT code of conduct" refer to the NYIT Student Code of Conduct.
The terms "institution" or "NYIT" mean New York Institute of Technology or any of its subsidiaries, unless noted otherwise in this code.
The term "instructor" means any person hired by the institution to conduct classroom activities.
The term "investigator" refers to an NYIT official who may be assigned to investigate a case in order to represent findings to a student conduct body.
f. NYIT Community
The term "NYIT community" includes any person who is a faculty, staff, student, or any person employed by NYIT or visiting NYIT. A person's status in a particular situation shall be determined by the dean of students (or designee).
g. NYIT Official
The term "NYIT official" includes any person employed by NYIT and who performs assigned administrative or professional responsibilities.
h. NYIT Campus
The term "NYIT campus" includes all land, buildings, facilities, and other property in the possession of NYIT, meaning all areas owned, used, leased, or controlled by NYIT, including adjacent streets and sidewalks.
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 NYIT 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 NYIT; students who are employees and/or in positions of student leadership (including athletes) at NYIT are governed under the policies set forth by the department managing the employment or leadership relationship.
j. 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.
k. Student Conduct Officer
The term "student conduct officer" (or "conduct officer") means an NYIT 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.
l. Student Organization
The term "student organization" means any number of persons or group who are currently registered or recognized by an official NYIT department, program, or office, including, but not limited to, student clubs, sports clubs, honor societies, intramural teams, and Greek letter organizations.
Section 3 – Student Conduct Authority
- 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 deans 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 NYIT, 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.
Section 4 – Jurisdiction
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 the NYIT campus and/or conduct that adversely affects the NYIT community. For violations that do not occur on NYIT property, action will be considered if NYIT officials decide that institutional interests are involved. Disciplinary action may be taken by NYIT 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 NYIT's interests as an academic community, including acts that threaten the lives, health, safety, and academic success of NYIT students. NYIT students or student organization 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.
Section 5 – Offenses
A student conduct review may be initiated by NYIT 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 NYIT'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.
Violation(s) of NYIT's Policy on Alcohol and Other Drugs, which may be found on NYIT's website.
c. Conduct Unbecoming
Flagrant disrespect for persons, flouting of common standards of decency, behavior unbecoming of an NYIT student, on or off campus, and/or continued behavior that demonstrates contempt for the generally accepted values of the intellectual community.
d. Computer Misuse
- Unauthorized access, entry, or use of a computer, computer system, network, software, password, account, or data.
- Unauthorized alteration or degradation of computer equipment, software, network, data, or system performance.
- Unauthorized copying, downloading, or distribution of computer software or data.
- Unauthorized use of NYIT 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-NYIT organizations, publicizing of unsanctioned non-NYIT activities, the reselling of NYIT resources, and the unauthorized use of NYIT's name or logos. Use of NYIT's network for any of these purposes, even if using his or her own personal computer, constitutes an offense.
- 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 NYIT-sponsored social media accounts.
- Any other violation of NYIT computer use and web policies, which can be found on NYIT's website.
e. Disruptive Behavior
- Behavior that disrupts, impairs, interferes with, or obstructs the orderly conduct, processes, and functions of NYIT or the rights of other members of the NYIT community, including administration, disciplinary proceedings, athletic contests, or other NYIT-sponsored events and activities conducted on or off campus.
- 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 NYIT or individual classroom or interfering with a faculty member's or instructor's role to carry out the normal academic or educational functions of his or her classroom or laboratory, including teaching and research.
- Behavior that is deemed reckless in that it creates a danger, real or perceived, to the safety of persons or property.
Violation(s) of NYIT's Policy on Alcohol and Other Drugs, which can be found on NYIT's website.
- Physical violence toward another person or group.
- Behavior that endangers or threatens the mental or physical health, safety, or well-being of another person or group.
- 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
- Failure to comply with a request or directive of an NYIT official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-NYIT law enforcement official in the performance of his or her duty.
- Failure to comply with the final decision/sanctions rendered by a student conduct hearing or review body.
- Failure to comply with the final decision/sanctions rendered by a student conduct body in the timeframe put forth by the student conduct body.
- Failure to identify oneself and/or produce identification upon request by an NYIT official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-NYIT law enforcement official in the performance of his or her duty.
- Failure to comply with traffic rules and parking regulations in effect for each campus.
- 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
- Providing false or misleading information to and/or withholding or omitting information from an NYIT official or student conduct body.
- 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.
- Misuse, reproduction, alteration, or forgery of any type of identification, document, key, or property of NYIT or a NYIT community member.
- Permitting another person to use one's NYIT-related identification.
- Use of another person's NYIT-related identification.
- Impersonation or misrepresentation, including acting on behalf of another person, group, or NYIT without authorization or prior consent.
- Impersonation or misrepresentation, including acting on behalf of another person, group, or NYIT, with or without prior consent, in such a manner to cause disruption.
- Providing a worthless check, money order, credit, or any monetary form in payment to NYIT or to a member of NYIT community.
- Any other acts of falsification/fraud/false testimony.
j. Fire and Emergency Safety
- Action(s) that result in a fire or explosion, or the possibility of such an occurrence.
- Inappropriate activation of any emergency-warning equipment or the false reporting of any emergency.
- Removing, damaging, interfering, or tampering with fire safety or other emergency-warning equipment, including smoke detectors, extinguishers, sprinklers, and/or fire and door alarms.
- Failure to evacuate an NYIT building, facility, or residence hall when a fire alarm is sounded.
- Interfering with the carrying out of emergency response and/or evacuation procedures.
- Items placed or hung from, or blocking, sprinklers or smoke detectors.
k. Harassment and/or Bullying (Other than Gender-Based Misconduct; see "p" below)
- 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.
- 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, NYIT personnel, student conduct body, or persons involved in student conduct processes.
- Conduct, whether passive or active, related to bystander behavior that supports acts of harassment or bullying.
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:
- Interference with a student's academic performance.
- Forced or coerced consumption of any food, alcohol, controlled substances, drugs, or any other substance.
- Forced or coerced physical activity.
- Deprivation of food or sleep.
- Kidnapping, including restricting a person to move about in free and lawful manner.
- Physical abuse of any nature.
- Performing personal chores or errands for members.
- Verbal abuse or degradation, including yelling or demands.
- Assigning or endorsing pranks (e.g. stealing, harassing other organizations, defacing property, etc.).
- Any action or threatened action that would subject the individual to embarrassment, humiliation, or mental distress, including the use of demeaning names or games.
- 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 at NYIT's website.
Dispersing litter in any form or from any point on NYIT grounds, property, or facilities, including the throwing of objects out of windows or the dispensing of cigarette butts, flyers, cans, bottles, etc.
The use or operation of rollerblades, skates, skateboards, bicycles, mopeds, hoverboards, etc. inside all of NYIT 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 NYIT. 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 Policy that are not subject to the Title IX Procedure. All references to Gender-Based Misconduct in this Code of Conduct refer only to violations that are not subject to the Title IX Procedure.
q. Shared Responsibility
- Failure to remove oneself from an area, room, place, or activity in which a violation of the Student Code of Conduct is occurring.
- Failure to appropriately notify NYIT officials of a violation of the Student Code of Conduct.
- 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.
- Pursuant to New York Public Health Law, Article 13E (New York State Clean Indoor Act) and Regulations of Smoking in Public and Work Places, smoking is prohibited in all NYIT buildings and/or sections thereof, owned, leased, or operated by NYIT. This includes, but is not limited to, classrooms, stairwells, bathrooms, offices, hallways, labs, roofs, libraries, common area of residential facilities, or private areas of residential facilities where smoking is prohibited.
- Smoking is prohibited at the entrances and exits of NYIT facilities or residence halls. Actions that cause smoke to enter into NYIT facilities or residence halls are prohibited. Smoking is prohibited in all residence hall areas as of August 2008 per NYS Law.
s. Theft and Trespass
- Removal or use of the property or services of another person or of NYIT without prior written consent or authorization.
- Possession, use, or sale of property or services of another person or of NYIT without prior written consent or authorization.
- Entrance into any NYIT building, office, area or residence hall unit, room, class, laboratory, or athletic field when or where not authorized.
- Unauthorized use of NYIT property for personal gain or personal business practices.
- Unauthorized use of NYIT's name or logos.
Damage, destruction, or defacing of property of another person, group, or NYIT.
u. Weapons, Firearms, Explosives
- 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.
- The use or discharge of firearms, explosives, ammunition, noxious material, and/or other objects or substances.
v. Other Violations
- Violations of other written expectations for students as members of NYIT organizations.
- Suspected or convicted violations of other Federal, State and/or Local Laws or Ordinances.