Conduct

Sec. 3: Proscribed Conduct

3.1 Jurisdiction of the NYU Polytechnic School of Engineering Code of Conduct
3.2 Classroom Standards
3.3 Academic Integrity
3.4 Identification Cards
3.5 Visitors and Guests
3.6 Prohibited Conduct
3.7 Off-Campus Conduct

Sec. 4: Program of Enforcement

Sec. 5: Sanctions

Sec. 6: Standard of Due Process

Sec. 7: Interim Suspension

Sec. 8: Discipline in the Residence Halls

3. Proscribed Conduct

3.1 Jurisdiction of the NYU Polytechnic School of Engineering Code of Conduct

The NYU Polytechnic School of Engineering Code of Conduct applies to conduct that occurs on NYU Polytechnic School of Engineering premises, at NYU Polytechnic School of Engineering sponsored activities, and to off-campus conduct that adversely affects the NYU Polytechnic School of Engineering community and/or the pursuit of its objectives. Each member of the community shall be responsible for his/her conduct from the time of application for admission or employment through the actual awarding of a degree or termination of employment, even though conduct may occur before classes (or employment) begins or after classes (or employment) end, as well as during the academic year and during periods between terms of actual enrollment (or while on leave or vacation) even if his/her conduct is not discovered until after a degree is awarded or employment terminated. The NYU Polytechnic School of Engineering Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. For student behavior, the Dean of Student Affairs or designee shall decide whether or not the NYU Polytechnic School of Engineering Code of Conduct shall be applied to conduct occurring off campus on a case by case basis.

3.2 Classroom Standards

The individual faculty member is primarily responsible for managing the classroom environment. If a student engages in any prohibited or unlawful acts or other behavior that results in disruption of a class, he or she may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions from a class, or dismissal on disciplinary grounds, must be preceded by a disciplinary conference or hearing. Professors and instructors will encourage free discussion, inquiry, and expression in the classroom whenever possible. Student grades must be evaluated on academic performance based solely on class assignments and/or examinations, not on opinions expressed or on conduct unrelated to academic criteria, unless this conduct is disruptive to the academic endeavor.

Students must be protected against infringement of their rights and unfair practices:

3.2.1 Protection of Freedom of Expression
Students have the right to freedom of expression; however, that right must be exercised with reason and discretion. Although students may take exception to the information or views presented in any class, they are responsible for learning the content of any course for which they are enrolled.

3.2.2 Protection Against Improper Academic Evaluation
Students have the right to protection against prejudiced or capricious academic evaluation. However, students are responsible for maintaining the standards of academic performance established for each course for which they are enrolled. Students who believe they have been improperly evaluated should express their concern to the instructor. If the student is not satisfied after speaking with the instructor, then he or she should speak to the appropriate academic department head. If the instructor is the Department Head, then the student must speak with the Provost or designee.

3.2.3 Protection Against Disclosure
Information about student beliefs, views, and political associations which faculty, staff, and administrators learn in the course of their work should not be used to prejudice others against the student. Discretion will be exercised in circumstances where disclosure is necessary for the greater welfare of the student or the Institute community.

3.3 Academic Integrity

Academic integrity occupies the very center of the educational enterprise. NYU Polytechnic School of Engineering encourages academic excellence in an environment that promotes honesty, integrity, and fairness. All members of the Institute community are expected to exercise honesty and integrity in their academic work and interaction with members of the Institute community. Each member of the Institute community shares the responsibility for securing and respecting an environment conducive to academic integrity. Academic dishonesty will not be tolerated, and persons who breach academic integrity will be sanctioned in accordance with the Institute Policy on Academic Dishonesty.

The faculty assumes that theses, term papers, results of laboratory experiments and examinations submitted by students represent their own work. The presentation for academic credit of the same work in more than one course is prohibited unless a joint project receives express and prior permission from the instructors involved in it. The following explanations clarify this for all students:

3.3.1 All sources of assistance, published or unpublished, are to be acknowledged in every piece of writing or oral presentation.

3.3.2 Students using, receiving, or providing unauthorized assistance from notes or from other students during examination, are in violation of academic regulations and are subject to academic discipline.

3.3.3 Although students may be permitted or required to cooperate with one or more fellow students in laboratory experiments, many of these experiments must be done independently; all require some independent work. Submitting the work of others as one’s own, or accepting unauthorized assistance in experiments, constitutes academic dishonesty.

3.4 Identification Cards

Each member of the Institute community is issued a picture Identification card or visitor’s pass, and must wear it at all times while on Institute premises or at Institute-sponsored activities. Identification cards must be presented upon entering Institute buildings and must be worn while on Institute premises. The ID card must be relinquished upon request by any Institute official in the normal conduct of Institute business.

3.4.1 Identification cards are not transferable. The owner of the card will be called upon to account for any fraudulent use of his or her identification card and will be subject to disciplinary action by the Institute if he or she has aided such fraudulent use. The card will be forfeited if the student to whom it was issued allows any other person to use the card.

3.4.2 At the end of each semester, or upon the owner’s withdrawal from the Institute, all rights and privileges related to the identification card automatically cease. If the student withdraws, or is suspended or expelled, from the Institute, the identification card must be surrendered to the Department of Student Development.

3.5 Visitors and Guests

Visitors, including invitees or licensees, shall conduct themselves, at all times, in a manner which is consistent with the maintenance of order on Institute premises and at Institute- sponsored activities pursuant to Part 7 of this Code; their privileges to remain on Institute property or at a Institute-sponsored activity shall terminate upon violation of this Code. The Institute reserves the right to withdraw at any time the privileges of invitees or licensee to be on Institute premises or at a Institute-sponsored activity. Trespassers have no privileges of any kind on Institute premises or at a Institute-sponsored activity, but will be subject to these regulations governing the maintenance of order. Additionally, students may be held accountable for the acts of misconduct of their guests while on Institute premises or at Institute-sponsored activities.

3.6 Prohibited Conduct

All members of the Institute community are prohibited from engaging in conduct resulting in, or leading to, any of the following:

3.6.1 Academic Dishonesty
Violating the Institute Policy on Academic Dishonesty by committing, or attempting to commit, academic dishonesty including, but not limited to, cheating, plagiarism, fabrication, facilitating academic dishonesty of others and unauthorized collaboration.

3.6.2 Abuse, Assault, Endangerment, Threatening Behavior
Intentionally or recklessly endangering, threatening, or causing physical or mental harm to any person, or oneself, on Institute premises or at Institute-sponsored activities, or intentionally or causing reasonable apprehension of such harm including, but not limited to abusive language and/or physical or verbal intimidation, harassment, coercion.

3.6.3 Firearms, Explosives and Other Weapons
Illegal or unauthorized use, possession, or storage of firearms, explosives (including, but not limited to fireworks), other weapons, or dangerous chemicals on Institute premises, whether or not a federal or state license to possess the same has been issued to the possessor. Persons who are licensed and obligated to carry firearms must obtain written permission from the Vice President for Finance and Administration or designee to bear such on Institute premises.

3.6.4 False Alarms
Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on Institute premises or at Institute- sponsored activities.

3.6.5 Interference with Institute Operation
Intentionally or recklessly interfering with normal Institute operation or Institute-sponsored activities including, but not limited to, studying, teaching, research, information systems, methods of communication and emergency services.

3.6.6 Violation of Disciplinary Sanction
Knowingly violating terms of any disciplinary sanction imposed in accordance with this Code.

3.6.7 Furnishing False Information, Forgery or Unauthorized Use of Documents
Intentionally furnishing false information to the Institute and its officials; or misusing affiliation with the Institute to gain access to outside agency services; or using false information or Institute resources to compromise the name of the Institute. Forgery, unauthorized alteration, or unauthorized use of any Institute document or electronic transmission, or instrument of identification, or academic and non-academic records, signatures, seals, or stamps thereof.

3.6.8 Drugs
The unlawful manufacture, distribution, dispensation, use, or possession of illegal drugs, other controlled substances or paraphernalia on Institute premises or at Institute-sponsored activities.

3.6.9 Fire-Safety Equipment
Intentionally or recklessly misusing or damaging fire safety equipment.

3.6.10 Freedom of Expression
Interference with the freedom of expression of others, except when contradictory to this Code.

3.6.11 Disorderly Conduct, Lewd or Indecent Behavior, Breach of Peace
Engaging in disorderly, lewd, or indecent conduct; breaching of peace; or aiding, abetting, or procuring another person to breach the peace on Institute premises or at Institute-sponsored functions. Disorderly conduct includes, but is not limited to, any unauthorized use of electronic or other devices to make an audio or video record of any person while on Institute premises without his or her prior knowledge, or without his or her effective consent when such recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room or restroom.

3.6.12 Theft
Theft, or attempted theft, of property or services on Institute premises or at Institute-sponsored activities, or having knowledge of such theft and failing to report it to an Institute official.

3.6.13 Property Damage or Destruction
Intentionally or recklessly destroying or damaging, or attempting to destroy or damage, Institute property or the property of others on Institute premises or at Institute-sponsored activities.

3.6.14 Non-Compliance With Official Direction
Failure to comply with reasonable direction of Institute officials acting in performance of their duties.

3.6.15 Violation of Institute Regulations and Policies
Violating other Institute regulations or policies as published in the Institute catalog, including amendments and additions adopted since the publication date.

3.6.16 Alcohol
Unauthorized distribution, possession, and consumption of alcohol on Institute premises or at Institute-sponsored activities.

3.6.17 Unauthorized Access to Facilities and Unauthorized Duplication of Keys
Unauthorized access or entry to, or use of, Institute facilities and equipment. Unauthorized possession, duplication or use of keys to any Institute premises, facilities or equipment; or, unauthorized entry to or use of Institute premises.

3.6.18 Unauthorized, Mischievous or Malicious Use of Computer or Electronic Communication Devices
Theft, or other abuse of computer facilities and resources including, but not limited to:

3.6.18.1 Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

3.6.18.2 Unauthorized transfer of a file.

3.6.18.3 Use of another individual’s identification and/or password.

3.6.18.4 Interference with the work of another student, faculty member or Institute official.

3.6.18.5 Sending obscene, abusive, or threatening messages.

3.6.18.6 Transmission of computer viruses.

3.6.18.7 Interfering with normal operation of the Institute computing system.

3.6.18.8 Unauthorized duplication of software or other violation of copyright laws.

3.6.18.9 Unauthorized access to, or unauthorized, mischievous or malicious use of Institute computer equipment or networks, or electronic communication devices, or the use of such equipment or devices to gain unauthorized access to, and/or use of, off-campus computer equipment.

3.6.18.10 Any violation of the Institute Computer Use Policy.

3.6.19 Provoking Others to Misconduct
Intentionally using words or actions to provoke or encourage others to violent or retaliatory behavior, or other acts of misconduct.

3.6.20 Hazing
Intentionally or recklessly endangering the physical or mental health of others through forced consumption of items, including but not limited to alcohol or drugs, and/or forced participation in dangerous or reckless activities for the purpose of initiation into or affiliation with any organization or group.

3.6.21 Identification Cards
Failure to wear, or to produce or surrender the identification card upon the request of an Institute official.

3.6.22 Animals
Bringing an animal (including, but not limited to, cats, dogs, and snakes) into any Institute building, with the exception of guide animals, animals used for authorized laboratory purposes, or animals for which expressed permission has been granted.

3.6.23 Demonstrations
Demonstrations exceeding the bounds of free assembly and demonstrations engaging in unlawful acts that cause or imminently threaten injury to person or property, infringes on the rights of other members of the Institute community leading to or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

3.6.24 Political Activities
Unauthorized use of Institute facilities or equipment for political activities.

3.6.25 Harassment
Violation of the Institute Anti-Harassment Policy for Employees and Students.

3.6.25.1 Discriminatory Harassment
Making remarks, placing visual or written material, aimed at a specific person or group that demean their race, gender, marital status, veteran status, religion, creed, disability, sexual orientation, national origin, ancestry, or age:a. with the intention of causing harm to the person or group; and/or,
b. creating an environment which limits a student’s educational opportunity or an Institute employee’s employment opportunity.

3.6.25.2 Sexual Harassment
a. Making unwanted verbal or physical advances or sexually explicit derogatory statements toward individuals, which cause them discomfort or humiliation or which interferes with their educational or employment opportunity.
b. Demanding sexual favors accompanied by implied or overt threats concerning one’s job, or performance evaluation (grades).
c. Quid Pro Quo—Demanding sexual favors in exchange for a job or performance evaluation (grades) by a person in a position of authority over another.
d. Physical assault. (See Section 3.6.1).

3.6.26 Gambling
Unauthorized and/or illegal exchange of money, favors or services as a result of an organized or unorganized game or competition.

3.6.27 Smoking
Violation of the Institute’s policy regarding smoking. Smoking is prohibited on Institute premises except in designated areas outside of Institute buildings.

3.6.28 Abuse of the Student Conduct System
Abusing the student conduct system including, but not limited to:

3.6.28.1 Failure to obey the notice from an Institute official to appear for a meeting or hearing as part of the student conduct system.

3.6.28.2 Falsification, distortion or misrepresentation of information before a hearing body or designated hearing officer of the Institute.

3.6.28.3 Disruption or interference with the orderly conduct of a hearing proceeding.

3.6.28.4 Causing a violation of Institute Code of Conduct hearing to convene in bad faith.

3.6.29 Local, State, Federal Laws and Ordinances
Violation of a local, state, or federal law or ordinance violates this Code and is subject to proceedings under this Code which may go forward against the accused who has been subjected to criminal prosecution only if the Institute determines that its interest is clearly distinct from that of the community outside of the Institute. Ordinarily the Institute will not impose sanctions if public prosecution is anticipated or until law enforcement officials have disposed of the case.

3.7 Off-Campus Conduct

Conduct occurring off Institute premises is ordinarily not subject to Institute discipline, unless such conduct:

3.7.1 seriously affects the interests of the Institute or the position of members with the Institute community, or

3.7.2 occurs in close proximity to Institute premises and is connected with offensive conduct on Institute premises, or

3.7.3 occurs at Institute-sponsored activities off Institute premises (including but not limited to conferences, competitions, and athletic road trips), or

3.7.4 occurs in other facilities which have been contracted by NYU Polytechnic School of Engineering.

4. Program of Enforcement

4.1 Visitors, Invitees, Licensees, or Trespassers whose behavior violates the maintenance of order within the Institute community will be asked to leave Institute premises or Institute-sponsored activities. Failure to leave Institute premises or Institute-sponsored activities promptly upon request will result in the Institute using all reasonable means, including calling for assistance of the police, to effect removal. Additionally, students may be held accountable for the acts of misconduct of their guests while on Institute premises or at Institute-sponsored activities.

4.2 Members of the Institute community who are charged with violations of this Code are subject to appropriate disciplinary action as follows:

4.2.1 Faculty who are charged with violations of this Code shall be subject to disciplinary action within the respective department at the direction of the department head or with a committee of the faculty of that department. When matters cannot be resolved within the department, the matter will be referred to the Provost for appropriate action.

4.2.1.1 The faculty member charged with a violation has permanent or continuous tenure, the rules of tenure in the most current version of the Code of Practice apply or as determined by the Provost or Office of Human Resources.

4.2.1.2 If the faculty member does not have continuous or permanent tenure, the case is referred to a special committee of the faculty designated for that purpose or as determined by the Provost or the Office of Human Resources. The special committee adopts its own rules of procedure. It has the authority to impose penalties other than dismissal and recommendation of dismissal.

4.2.1.3 If a person against whom the charges have been made is both a faculty member and a student, the case is governed by this section unless the misconduct is of a nature to cast doubt upon the person’s continued qualifications for service on the faculty; in the latter event, disciplinary action proceeds in accordance with Part 4.2.1.

4.2.2 When administrators and staff are charged with violations of this Code, the charges are considered and determined administratively in accordance with established practices of the Institute or as determined by the Office of Human Resources.

4.2.2.1 If a person against whom the charges have been made is both an administrator and a faculty member, the case is governed by this section unless the misconduct is of a nature to cast doubt upon the person’s continued qualifications for service on the faculty; in the latter event, disciplinary action proceeds in accordance with Part 4.2.1.

4.2.2.2 If a person against whom the charges have been made is both an administrator or staff member and a student, the case is governed by this section unless the misconduct is of a nature to that is solely based on the person’s status as a student.

4.2.3 Students who are charged with violations of this Code are subject to disciplinary action pursuant to Sections 5 through 20 of this Code.

5. Sanctions

The purpose of sanctions is to provide a fair educational opportunity for all found responsible for their actions. Sanctions may include any combination of Parts 5.1- 5.13

5.1 Warning: Notice to the offender, orally or in writing, that continuation or repetition of prohibited conduct may be cause for further disciplinary action.

5.2 Censure: A written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may result in further disciplinary action within a specified period stated in the letter of reprimand.

5.3 Disciplinary Probation: May include exclusion from participation in privileged or co- curricular activities for a specified period; additional restrictions or conditions may be imposed. Violations of disciplinary probation terms, or any other Code violation during the probation period, will normally result in suspension or expulsion from the Institute.

5.4 Residence Probation: May include exclusion from participation in privileged residence hall activities for a specified period. A copy of the probation letter will be retained in the student’s file in the Department of Student Development.

5.5 Restitution: Repayment to the Institute or to all affected parties for damages resulting from a violation of this Code.

5.6 Suspension: Exclusion from classes and other privileges or activities as set forth in a written notice for a definite period of time not to exceed one year.

5.7 Residence Suspension/Permanent Removal: Exclusion from the residence hall for a specified period, or permanent removal from the residence hall.

5.8 Expulsion: Termination of Student status and permanent exclusion from Institute privileges and activities.

5.9 Removal of privileges: Exclusion from privileges and/or activities as set forth in a written notice.

5.10 Denial of Employment: Suspension or exclusion from current or future Institute employment.

5.11 Community Service: Designated hours of service to the Institute, including but not limited to, educational programs and /or presentations designed to compensate the Institute community for violations of this Code.

5.12 Rehabilitation: Mandatory completion of a rehabilitation program for drug or alcohol related offenses.

5.13 Other sanctions as deemed appropriate.

6. Standard of Due Process

Students subject to suspension or expulsion from the Institute will be entitled to a formal hearing, pursuant to Part 14 of this Code. Students subject to any other sanction will be entitled to all informal disciplinary conference, pursuant to Part 13 of this Code. The purpose of a disciplinary proceeding is to provide a fair evaluation of the evidence surrounding a charge of misconduct. Although formal rules of evidence do not apply, procedures shall comport with standards of fundamental fairness. Harmless deviations from the prescribed procedure shall not necessarily invalidate a decision or proceeding unless significant prejudice to a student respondent or the Institute may result.

7. Interim Suspension

The Dean of Student Affairs or designee may evict from Institute housing, or suspend a student from the Institute for an interim period pending disciplinary proceedings or medical evaluation, which shall be scheduled at the earliest possible time. The interim eviction/suspension shall become immediately effective without prior notice whenever there is evidence that the continued presence of the student on campus poses a substantial and immediate threat to him- or herself, others, or to the stability and continuance of normal Institute functions. Interim suspension shall be considered an excused absence.

8. Discipline in the Residence Halls

8.1 Students subject to sanctions for acts within the residence halls that would constitute a violation of a residence hall contract or policy will be referred for a disciplinary conference with the responsible administrator in the Office of Residence Life. Determination of sanctions affecting student housing status will be made by the hearing officer conducting the conference.

Determination of sanctions affecting student status, including suspension and expulsion, will be referred by the Director of Residence Life to the Department of Student Development. Students may be subject to both residence hall disciplinary proceedings and Institute proceedings for the same act of misconduct as provided for in Sections 13 and 14 of this Code.

8.2 Any sanction determined by the presiding conference administrator, other than the Provost or designee, may be appealed by the student to the Department of Student Development.