a. Charged Student's Rights
A student charged with a violation of the Student Code of Conduct has the right to:
- Clear and complete notice of the charge(s) within 15 business days (or as soon as reasonably possible) of receipt by the appropriate NYIT official of a written report or documentation of the incident (breaks, including summer, may extend this time period to 25 days).
- The opportunity to attend an Information Meeting in which the student may review relevant information in his/her student conduct file concerning the allegations.
- A fair and impartial hearing.
- An opportunity to present relevant evidence and information on his/her behalf, including presenting witnesses and/or signed, written statements, unless waived for informal resolutions or where a student accepts responsibility for the charge. The student conduct officer determines the relevance of all witnesses to a student conduct hearing.
- Question witnesses as circumstances permit. Appropriate witnesses may be called by the college to all formal hearings. Those witnesses who appear may be questioned by the student in an appropriate format determined by the student conduct officer. If a witness is called but does not appear, his/her written or recorded statements, or representation of his/her statements as obtained by an NYIT official, may be considered by the hearing body. In certain cases, where a witness refuses to participate in a hearing out of concerns for personal safety, or where it may be determined that a witness's active participation in a hearing may result in undue repercussions, witnesses may be granted the opportunity by the student conduct advisor or officer to remain anonymous in the hearing process; in such cases, an NYIT investigator will represent the statement of the witness.
- Accompaniment by an advisor of the student's choice. The advisor may not speak, serve as a witness, or represent the student before the hearing body. The advisor may not serve as a legal representative. Students must speak for themselves. (For exemptions, see "Auxiliary Aids and Services" later in this handbook).
- Not provide self-incriminating information. Choosing not to provide information does not constitute an admission of responsibility. However, absent a full statement, the hearing body may lend more weight to written documents and statements of witnesses. This protection from self-incrimination does not extend to student organizations or Greek letter organizations.
- 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 charged student may be admissible in the sanctions phase.
- Receive notification of the decision of the hearing, with the exception of recommendation for expulsion, within 15 business days after the final decision of the student conduct body. All hearing decisions will be communicated in writing (may also be orally provided at the discretion of the hearing body, except in cases of Gender-Based Misconduct) to the charged student and will include the hearing decision, sanctions imposed (if applicable), the rationale for both the decision and sanctions, and the appeal process.
- Appeal the decision, in writing, within five business days of the receipt of the hearing outcome. (See "Appeals," below.)
b. Complainant's Rights
- Offenses implicating Complainant's rights include:
- Gender-Based Misconduct
- Property (damage)
- Property (theft)
- The complainant has the right to:
- Attend an Information Meeting with the conduct officer or designee.
- Have an advisor, who is not acting as legal counsel, of the alleged victim's choice accompany him or her when presenting information to the hearing body and to any other relevant meetings held throughout the disciplinary process. The advisor may not act as a legal representative.
- Submit a complainant's impact statement to the hearing body. This information will be used only in the sanctioning phase of deliberations, if the charged student is found responsible for the charge(s).
- Remain anonymous, if possible. A complainant who is unwilling to participate in the disciplinary proceeding needs to understand that this may compromise NYIT's ability to present its case against the respondent student. In certain cases where it is determined that the complainant's active participation in a hearing may result in undue repercussions, and the charged student's ability to respond is not unduly limited, the complainant may be granted the opportunity by the conduct officer to remain anonymous in the hearing process; in such cases, an NYIT investigator will represent the statement of the complainant. In such cases, the conduct officer (or designee) may request that the victim submit written documentation for consideration.
- Have unrelated past behavior excluded from the hearing. The conduct officer or designee 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 charged student, and their own mental health diagnosis and/or treatment.
- An opportunity to present relevant evidence and information, including presenting witnesses and/or signed, written statements and submitting questions to the hearing body. The student conduct officer determines the relevance of all witnesses and questions in a student conduct hearing.
- Provide a statement to student conduct 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. Determination will be made by the conduct officer of the Student Conduct Review Board.
- Be present throughout the entire hearing, or portions thereof. Determination will be made by the conduct officer of the Student Conduct Review Board.
- Be notified of the conduct hearing outcome and appeals outcome. In cases of Gender-Based Misconduct, such notice will:
- be in writing
- will be provided at the same time notice is given to the charged student
- will include sanctions imposed, if any, and the rationale for both the decision and sanctions
- Be notified of the right to appeal the hearing decision in accordance with the procedures outlined in "Appeals, section (d)," below.
- Complainants in cases which involve alleged Gender-Based Misconduct have additional rights as set forth in the "Gender-Based Misconduct Policy," below.