Student Code of Conduct

The New School

Student Code of Conduct

Date Last Amended/Reviewed: July 31, 2024

Date Schedule for Review: 2024-2025

Reviewing Office: Office of Student Conduct and Community Standards

I. INTRODUCTION

As an institution of higher learning committed to protecting intellectual freedom and creating engaged, informed citizens, The New School affirms and upholds principles and standards of behavior that underlie this purpose. At the core of these principles are the recognition and preservation of basic human dignity, equal opportunity, freedom of expression, and civil discourse.

The New School’s Student Code of Conduct is designed to protect and promote these principles and standards of behavior. As members of the university community, all students are responsible for contributing to a sustained atmosphere of safety, promoting the collective wellbeing of the university and its neighbors, and cultivating an engaged, accountable student body, as outlined in the Student Code of Conduct. Violation of the Student Code of Conduct shall be grounds for disciplinary action.

The Office of Student Conduct and Community Standards has primary responsibility for adjudication of the Student Code of Conduct violations, in conjunction with Housing and Residential Education. Disciplinary authority is vested in the Associate Provost for Student Affairs and Dean of Students as the designee of the President of the university.

The University Non-Academic Disciplinary Procedures are designed to facilitate fact-finding and to review incidents involving violations of the University policies governing student conduct or behavior and other non-academic policy violations where the responding party is a student, including the Sexual Misconduct & Violence Policy. Students are encouraged to familiarize themselves with the code and other policies applicable to students. These policies can be found on the Student Conduct and Community Standards website as well as the university’s Policies website.

A. Narwhal Pledge

In accordance with its mission, The New School strives to prepare students to be active and participatory members in a diverse and global society. This requires New School students to intentionally cultivate, through words and actions, a learning environment that is dynamic and inclusive. These principles will guide the ways our community works with, cares for, and engages its members from diverging backgrounds, perspectives, and experiences.

To support our educational community, students who have chosen to join The New School agree to abide by the following principles:

• Dignity: We affirm that recognizing the inherent dignity of all students is necessary to maintain a climate of justice and safety.
• Empowerment: We strive to consciously create empowered spaces both inside and outside of the classroom for people of all races, ethnicities, sexual orientations, gender identities, socio-economic statuses, ages, abilities, and beliefs.
• Anti-Discrimination: We agree that discrimination of any kind has no place at The New School.
• Expression: We acknowledge that each member of our community has the right to freely express their thoughts, ideas, and beliefs with an understanding that disagreement and unpopular or controversial opinions are a part of an enriching learning experience.
• Responsibility: We understand that each of us is accountable for our words, choices, and actions and the impact they may have on the large community.

B. Student Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these code crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

C. Definitions

1. Administrative Conduct Review- A student conduct hearing where up to two administrators from the Office of Student Conduct or designee will preside over the hearing process and impose sanctions when appropriate. Incidents deemed appropriate are heard as an Administrative Conduct Review
2. Advisor- Students may select an advisor of their choice to accompany them during any portion of the Conduct Process. Advisors will offer support, assistance, and guidance to students. Advisors may not actively engage in any Administrative Conduct Review or Panel Conduct Review, except for cases adjudicated with the Title IX policy. Attorneys may serve as advisors to any party, subject to the same limitations and conditions outlined in this code.
3. Affirmative Consent- Affirmative consent to engage in sexual activity is a knowing, voluntary and mutual decision among all participants to engage in sexual activity.
• Consent can be given by word or action, as long as those words or actions create clear permission to engage in the sexual activity.
• Silence or the lack of resistance, in and of itself, does not demonstrate consent.
• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs or alcohol. Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a lack of consciousness, being asleep, being involuntarily restrained or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm.
• An individual under the age of 17 cannot consent to sexual activity in New York.
• When consent is withdrawn or can no longer be given, sexual activity must stop.
4. Chairperson- A person(s) authorized by the University Code Administrator to chair the conduct review panel at the discretion of Student Conduct & Community Standards.
5. Complainant- Any member of the university community who puts forth a complaint or an allegation of a code violation.
6. Conduct Review Panel - A panel of authorized and trained university officials will review the allegations, hear responses, ask questions, and make decisions of responsibility for each charge. The panel will also provide recommendations for sanctions where appropriate. All recommendations will be reviewed by the Dean of Students and appropriate changes will be applied if necessary. The Dean’s Office and/or the Office of Student Conduct will determine if and when this process is appropriate to follow.
7. Informal Resolution Process - The Informal Resolution process is a voluntary procedure that operates independently from the University's formal student conduct investigation and resolution process. For this process to commence, all parties must be in agreement to participate. By choosing to participate in the informal resolution process, the student takes responsibility for their actions and does not dispute the facts of what occurred. The case is resolved if the student accepts responsibility and agrees to complete mutually agreed upon outcomes. This process may involve 1 or more students and the Office of Student Conduct. Once a resolution is reached and both parties have agreed to the outcome, the formal process cannot be re-initiated.

The Informal Resolution process is available for student-related matters at the discretion of the Office of Student Conduct and Community Standards. Through this process, no disciplinary action will be taken against the Respondent, and the resolution will not be recorded in the Respondent’s disciplinary history unless both parties agree during the resolution. Parties may have an Advisor and/or a Support Person present at any meetings associated with the Informal Resolution process.

An informal resolution can be used when a formal process is not being considered by the Office of Student Conduct. The Office of Student Conduct manages this process and determines if it is productive and actively working towards an agreed upon responsibility level and outcome. This process may be canceled by the Office of Student Conduct if all parties involved cannot come to a mutual agreement between all parties.

8. Preponderance of Evidence- standard applied to determine whether it is “more likely than not" that a policy was violated.
9. Respondent- Any university student or student organization charged with an alleged violation of the code.
10. Residence Hall- Any building, room, facility, or premises owned and operated by the university for use as a dormitory, whether by lease or by contract, to students enrolled at the university.
11. Student Conduct and Community Standards- The designated university office charged with addressing allegations of violations of the code, referred to as SCCS, here within.
12. Student Conduct Administrator - A university official authorized by the University Code Administrator to manage the disciplinary process. The student conduct administrator can serve as a sole decision-maker or member of the conduct panel review, and can be referred to as a hearing officer. The university staff member was charged with administering the code during a conduct panel review.
13. University Code Administrator- The individual designated by the university president or vice provost of student success responsible for administering the Student Code.

D. Application and Jurisdiction of the Student Code

All student members of the New School are expected to uphold the standards of this community. This includes students who have been notified of admission to the university, who have matriculated enrolled or registered in any academic program or activity, at the graduate and undergraduate level (including student in adult education and certificate programs).

The university standards also apply to recognized and unrecognized student organizations, groups, or clubs.

The scope of the university’s jurisdiction includes reports that prohibited conduct occurred:

a. On any university premise or in any University facility;

b. Within 500 yards of university premises or facilities;

c. On any shuttle buses or other vehicles used by or under the control of the university;

d. While participating in any University-sponsored event or activity, including study abroad and international program.

The code may also be applied to off-campus incidents or conduct that adversely affect the university community and the pursuit of its objectives. The Director of Student Conduct and Community Standards shall decide whether the Student Code shall be applied to conduct occurring off-campus on a case-by-case basis.

Reports of academic integrity will be directed to the Office of Academic Standards. If an academic integrity report also involves Code of Conduct violations, the two offices may partner in addressing the allegations, or address the reports separately.

E. Rights and Expectation of The New School

1. The university reserves the right to notify parents of a student’s violation of the Student Code of Conduct or other non-academic policy where appropriate.
2. The university reserves the right to hold students financially responsible for all losses and damages to university property.
3. The university expects each student to be responsible for securing personal property. The university will not be responsible for the loss, theft, or damage to students' personal effects and their guest(s).
4. The university expects students to comply with any instruction from an identified university official, performing their duties in the enforcement of university policy application.
5. Students are expected to show their university identification card upon request to any Residence Hall staff person and other appropriate university officials, performing their duties in the enforcement or application of university policy.
6. The university reserves the right to amend the Student Code of Conduct and the Non-Academic Disciplinary Procedures at any time. All students are expected to familiarize themselves with the Student Code of Conduct. Any updates made to the Student Code of Conduct will be sent out to the university community.

F. The New School Amnesty Policy

The health and safety of every student at The New School is of utmost importance. The university recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The New School strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to university officials. Students or bystanders who in good faith report instances of sexual violence/misconduct will not be subject to alcohol and/or drug use policy violations occurring around the time of the alleged incident(s).

Amnesty Policy

The Amnesty Policy can provide immunity from campus disciplinary action in situations of a medical emergency related to alcohol or drug use.

Philosophy

It is imperative that someone call for medical assistance when an individual experiences severe intoxication or a serious injury after consuming alcohol or other drugs (AOD). Because these emergencies are potentially life-threatening, the Amnesty Policy seeks to reduce barriers to seeking assistance.

The Amnesty Policy represents the university's commitment to increasing the likelihood that community members will call for medical assistance when faced with an AOD emergency. The Amnesty Protocol also promotes education for individuals who receive emergency medical attention related to their own use of alcohol or other drugs in order to reduce the likelihood of future occurrences.

The Amnesty Policy does not preclude disciplinary action regarding other violations, including but not limited to:

• Causing or threatening physical harm
• Hazing
• Sexual violence and/or misconduct
• Damage to property
• Fake identification or false information provided to University responders
• Unlawful provision of alcohol or other drugs to others
• Harassment
• Other code violations at the discretion of the Associate Provost for Student Affairs and Dean of Students or designee
• Provisions

The Amnesty Protocol will not be granted where there was no active call for medical assistance and/or waiting for police or University personnel to arrive before seeking medical assistance.

In order for this protocol to apply, the assisted student must agree to timely completion of assigned alcohol and/or drug education activities, assessment, and/or treatment as assigned by the university. The follow-up must be completed within seven (7) business days after meeting with the Office of Student Conduct and Community Standards. Failure to complete recommended follow-up will normally result in revocation of conduct amnesty.

Organizations involved in an incident must agree to take recommended steps to address concerns, such as educational follow up. Multiple incidents may result in revocation of an organization's recognition.

This policy does not protect students who repeatedly violate University policies. Once a student receives immunity from the Amnesty Policy, future applications of the policy are at the discretion of the university. The university also has the discretion to determine that this policy does not apply in more serious situations, including the criminal possession of drugs, property damage, violence, etc.

Disclosure of Amnesty Incidents

The university may disclose amnesty incidents to outside parties with the student's consent. The university also may disclose an incident if a student is applying for campus student employment or a leadership position and or opportunity within Housing and Residence Education, Student Conduct and Community Standards, Orientation, and Student Leadership and Involvement if an incident occurred within one year of application, or if the university has received subsequent alcohol or drug related incidents involving the student

II. STUDENT CONDUCT POLICIES

A. University-wide Violations

The following actions are considered violations of the Student Code of Conduct and are subject to sanctions imposed under the Non-Academic Disciplinary Procedures of the University. Attempts to commit an act prohibited by the code or assisting in the facilitation and planning of acts prohibited by the code may also be considered a violation.

General Misconduct

General misconduct is conduct inconsistent with standards of behavior of a student member of the university community.

Disorderly Conduct

Disorderly conduct includes, but is not limited to, lewd, indecent, or obscene behavior; conduct that is unreasonable in the time, place, or manner in which it occurs; and obstruction or disruption of university-sponsored activities; or conduct which adversely affects the student's suitability as a member of the university community or which is inconsistent with the mission of the university

Bias Related Conduct

a. Bias related harassment or discrimination believed to be motivated by a consideration (real or perceived) based on race, color, age, religion, national origin, disability, sexual orientation, gender identity or other protected characteristics such as oral, written, graphic or physical conduct relating to an individual’s race, color, gender identity, national origin (including an individual’s ancestry, country of origin, or country of origin of the student’s parents, family members or ancestors) or other protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the College programs or activities.

b. Threatening, intimidating or fear provoking behavior directed towards another believed to be motivated by a consideration (real or perceived) of race, color, age, religion, national origin, disability, sexual orientation, gender identity or other protected characteristics such as oral, written, graphic or physical conduct relating to an individual’s race, color, gender identity, national origin (including an individual’s ancestry, country of origin, or country of origin of the student’s parents, family members or ancestors) or other protected characteristics that is sufficiently severe , pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the College programs or activities.

Harassment

Harassing includes, but is not limited to, verbal, written, or electronic actions that are abusive to any person; conduct which threatens or endangers the health or safety of any person; inappropriate touching or physical contact with another person. Sex or gender-based harassment falls under the Sexual Misconduct and Violence Policy. Harassing conduct based on an individual's protected category or perceived protected category falls under the Discriminatory Harassment Policy.

This violation also includes the act of Doxing or Doxxing. Doxing (or doxxing) is the malicious act of publicly revealing someone's private or personally identifiable information online or public locations without their consent. This information can include, without limitation, someone’s private email address, phone number, home address, family address, financial details or sensitive documents.

Disruptive, Threatening, and Abusive Behavior

a. Unreasonable and Excessive Noise

Creating noise as deemed unreasonable or excessive by university staff on university-owned or controlled property is prohibited. Unreasonable and excessive noise includes, but is not limited to, noise that can be heard beyond a student's room or suite. The playing of musical instruments in areas other than those deemed appropriate by the university for such activities is prohibited.

b. Safety of Others

No person shall create conditions that endanger or threaten others or their property or create a health and safety hazard, including but not limited to physical actions, verbal or written statements. Additionally, tampering with, disabling, covering or blocking campus security cameras is prohibited.

c. Bullying

Behaviors that are repetitive, pervasive, and egregious and intended to intimidate, harass, frighten, insult, threaten, or otherwise harm an individual psychologically or physically. Bullying behaviors can also occur in virtual settings, which include but are not limited to, texts, emails, and online posts.

d. Physical Violence

Intentionally inflicting bodily harm upon any person; taking reckless action that results in harm to any person; or threatening by any means of transmission the use of force to harm or injure any person.

e. Camping/Blocking Entries or Exits

Temporary structures, such as tents are prohibited in all campus buildings. Similarly, camping or sleeping overnight in any publicly accessible area of campus, including outdoor space controlled by the New School, whether in vehicles, tents, or otherwise is also prohibited. Blockage of entryways and exits are prohibited at any locations owned and managed by The New School.

Alcohol

Use, possession, or distribution of alcohol, on university-owned or controlled property or at university-sponsored functions, is prohibited, except when granted prior approval from the university for a particular function. Furthermore, the sale, distribution, or procurement of alcoholic beverages for anyone under the age of 21; the use of false identification to procure alcohol; and the on-campus possession of any type of paraphernalia associated with the excessive consumption of alcohol is prohibited.

Drug

The illegal use, possession, distribution, sale, or manufacture of narcotics, dangerous drugs or controlled substances is prohibited on university-owned or controlled property or at a university-sponsored function. Consistent with TNS’ obligations under Federal law, marijuana possession or use is not permitted on university-owned or controlled property or at university-sponsored functions.

Drug Paraphernalia

Students are prohibited from possessing any paraphernalia associated with the use, manufacture, distribution, or sale of illegal drugs, including, but not limited to, bongs and pipes on university-owned or controlled property or at university-sponsored functions.

Intoxication

Public disruption due to intoxication from use or consumption of alcohol, narcotics, inhalants, or other drugs.

Smoking

Smoking, tobacco products, or any substance, including medicinal marijuana, using any device including but not limited to, e-cigarettes, cigars, vaping, hookah, etc. is prohibited in all university buildings. If a student has a valid New York State medical prescription for marijuana, they cannot consume the marijuana in any form (whether through a smoking fashion, via edibles, or through other means) on any university property or controlled facility or at university-sponsored functions.

Theft

The stealing of property belonging to another member of the university community and/or the possession of said property is prohibited.

Damage to Property

Intentional or reckless damage, destruction, or defacement of property of the university, or that of a member of the university community or campus visitor, while on university property or at university-sponsored activities.

Hazing

Hazing is recklessly subjecting any person to the risk of bodily harm, or severe emotional distress, or causing or encouraging any person to commit an act that would be a violation of law or university regulations, to initiate, promote, foster, or confirm any form of affiliation with a student group or organization. The express or implied consent of the victim(s) is irrelevant in determining whether or not there has been a violation.

Non-Compliance

Non-compliance is the failure to comply with directions of university officials acting in the performance of their duties; failure to abide by or fulfill the terms of a sanction, interim measure or disciplinary outcome issued through the conduct process.

Restricted/Unauthorized Areas and Use of Space

Students are not permitted on any roof, ledges, balconies, or fire escapes of any university building or residence hall, except during cases of emergency. Trespassing; staying in a university building or facility after closing hours and failing to leave; occupation of any room, building, area of campus, or other space controlled by the University in a manner not permitted by the standard rules or policies governing operation for that space; or being in an area where the student has no appropriate access or does not have permission to access is prohibited. Additionally, refusal to leave an area at the request of a University official is considered unauthorized use of space.

Unauthorized Access

Unauthorized possession, duplication, or use of keys or key cards to university facilities, including residence halls, is prohibited. Sharing keys and key cards with another individual, including other residents and guests and providing access to an individual who is otherwise prohibited from entering a facility or accessing a restricted area is also prohibited.

Weapons

Possession, display, storage, use, or distribution of any items used to inflict harm or threaten to inflict harm are prohibited on university-owned or controlled property or at functions. Any object used to threaten someone may be considered a simulated weapon.

Fire Safety Regulations

a. Interference of Fire Safety

Tampering with or misuse of fire alarms, fire exits, fire-fighting equipment, smoke/heat detectors, sprinkler systems, and other safety devices on university grounds; and the use of all open flame devices such as, but not limited to, sternos, incense, kerosene lamps, and barbecue grills; failure to evacuate a building at the sound or activation of the fire alarm system; and the use of any fireworks are prohibited.

b. Arson

Intentionally or recklessly starting a fire or attempting to start a fire on any university-owned or controlled facility, university property, or property belonging to another member of the university community.

Misrepresentation

a. University Identification

This includes but is not exclusive to, the transfer of university identification to gain entry to university buildings, and to procure any university services. Failure to obtain and provide an up-to-date, official student ID for entry to university buildings is also prohibited. University identification includes a New School ID card, N number, and NetID.

b. Misuse of Information

This includes, but is not exclusive to, the use of another person’s identity, password(s), identification number, university identification card or any other form of identification. This may also include the dissemination of another’s property without their consent.

c. False Information

False information includes, but is not limited to, knowingly furnishing false information to the university community, administration, faculty, or staff; alteration or misuse of university documents, records, or information; intentionally filing and/or sharing of knowingly false information about another member of the university community.

Gambling

Gambling for money or valuables in any form anywhere on any University property or on-campus facility is prohibited, including but not limited to online betting and casino websites, sports pools, and lotteries.

Pets

All pets are prohibited on university property, including residence halls, except as outlined in the Assistance Animal Policy. Any student requiring an Assistance Animal must have authorization from Student Disability Services.

Unauthorized Posting

Posting of announcements and other publicity items by student organizations at the university that are not in accordance with the guidelines set forth by the office of Student Leadership and Involvement (SLI) or the appropriate department within the school or division is prohibited. Announcements and publicity items to be posted on Residence Hall bulletin boards must be submitted to the Residence Hall Director for approval before posting. Approved items may only be posted in designated locations. This includes online platforms, for guidance please refer to Information Security Policies and Standards.

Unauthorized Recording

It is prohibited for a student to make or attempt to make an audio or video recording of private, non-public conversations while on University premises without the knowledge and consent of all persons subject to the recording. The use of hidden or undisclosed recording devices is prohibited as is the transmission and/or distribution of any such recordings. This provision does not extend to the recording of public events or virtual learning activities.

Unauthorized Solicitation or Canvassing

Soliciting or canvassing on University-Owned or controlled property without prior approval is prohibited. Authorization for canvassing in the Residence Hall is given only to recognized university groups or organizations. Solicitation is not permitted in the Residence Hall without the advance written permission of Housing and Residence Education.

Unauthorized Business and Professional Services

Students are not allowed to conduct businesses on campus or in the residence halls. As defined by the Student Code of Conduct, businesses pertain to any service or goods provided in exchange for compensation, services, or any other form of benefits. Performing professional services on university owned or controlled property is strictly prohibited. Professional services are defined as services that would require a license/contract, permit certificate, or other forms of authorization permitting the individual to perform such services, including but not limited to tattooing, massages, and haircuts. The university reserves the right to prohibit any behaviors that are not in keeping with the general health and safety of the university community.

Misuse of Information Technology

Use of the universities information technology resources must be consistent with IT policy and all other applicable laws, policies, and guidelines.

Retaliation

Retaliation by individual students, groups of students, or student groups is prohibited. Retaliation is an adverse action or threat of adverse action taken against an individual or group for reporting behavior that may be prohibited by law or policy or participating in an investigation or resolution process related to an allegation of misconduct.

General University Policies

Students are responsible for abiding by all university policies available via hard copy or posted on the university website.

B. Housing and Residential Education Violations

All violations listed in Section A. apply to students residing in residence halls as well as their guests. The following additional actions are also considered violations of the Student Code of Conduct and are subject to sanctions imposed following the Non-Academic Disciplinary Procedures of the university. Residents are encouraged to review the Housing and Residential Education website for more information about university housing, https://www.newschool.edu/housing

1. Violation of the residential guest policy
1. Failure to follow published guest procedures.
2. Failure to accompany your guests in University Housing at all times.
3. Failure to adhere to the established time parameters for overnight guests.
4. Registering a guest who has restricted access to the University or University Housing.
5. Failure to inform guests of University Housing standards and policies. Intentional neglect to manage guest behavior or actions.
6. Misuse of guest privileges.
2. Alcohol in Housing
1. Use, possession, manufacture, distribution, public intoxication, and/or being in the presence of alcoholic beverages in the Residence Hall where alcohol is prohibited and/or in residential common spaces (lounges, hallways, laundry rooms, etc.)
2. Drinking games, including the simulation of drinking games, are prohibited.
3. Empty bottles used for decoration, academic projects, or other purposes are prohibited.
3. Quiet Hours

Engaging in behavior that violates quiet hours and/or courtesy hours; any behavior that is disruptive and is likely to disturb other neighbors and community. Such behaviors include but are not limited to loud music/entertainment.

4. Health and Safety
1. Intentional interference with the rights, safety, and reasonable comfort of one’s roommate(s) or other students.
2. Residents are prohibited from participating in any kind of sport or physically active game inside the residence halls, including but not limited to football, basketball, soccer, hockey, golf, rollerblading, skateboards, hoverboards, frisbee, bowling, wrestling, etc.
3. Possession of prohibited appliances with exposed heating elements including but not limited to hot plates, indoor grills, toasters, space heaters etc.
4. Possession of flammable liquids including fixatives, gasoline, or other hazardous chemicals in restricted areas including bedrooms, kitchens, bathrooms, etc.
5. Possession of candles, incense, or other open flames.
5. Residence Hall Property and Furnishings
1. Failure to keep bedrooms and common areas free of excessive trash and debris.
2. Stealing, burning, destroying, defacing, or otherwise damaging university provided furniture or equipment is prohibited.
3. Possession of unauthorized furniture is prohibited.
4. Possession of any water filled devices, including but not limited to fish tanks and waterbeds, is prohibited.
6. Failure to vacate University Housing
1. Within 24 hours of the resident’s last examination of the academic semester, or by the beginning date and time of each scheduled vacation/academic recess period, whichever comes first.
2. Within 24 hours (unless the university stipulates a different time for the student’s removal/dismissal from the university) of a student’s withdrawal/dismissal from the university, this includes taking a leave of absence.
3. During emergency evacuation and/or when an alarm system is activated.
7. Failure to abide by the Housing Handbook

C. Bias Related Incidents and Hate Crimes

The New School is committed to maintaining a living, learning, and work environment free from harassment, discrimination, and sexual misconduct. Please view the University Policy on Harassment, Discrimination, Prohibited Relationships, and Title IX and Non-Title IX Sexual Harassment and Misconduct on the university’s Title IX website.

Bias Definition

Bias pertains to attitudes, beliefs, or actions that unfairly favor one individual or group over others due to protected categories or perceived social identities. These biases can appear consciously or unconsciously and potentially result in discriminatory behaviors.

Bias incident definition

In accordance with the New York State Penal Law, A bias incident is any offense or unlawful act that is motivated in whole or substantial part by a person's, a group's or a place's identification with a particular race, color, religion, ethnicity, gender identity, age, disability, ancestry, national origin, or sexual orientation. Bias related and/or hate crimes are a violation of the New York Penal Law and other laws of the State of New York, as well as our university policy.

How to report:

To make reporting easy for students, the university has several ways students, faculty and staff can report incidents of bias, discrimination, or harassment. These incidents could be direct, indirect, or unintentional discrimination on the basis of someone's social identity. This includes, but is not limited to, perceived race, ethnicity, religious affiliation, socio-economic status, sex and gender-based harassment. The following options are available for reporting :

Other reporting methods at The New School include:

• Students can raise the Bias Flag in Starfish
• Filing an online report (with an option to report anonymously)
• Scheduling an appointment with Counseling Services (Confidential)
• Emailing titleixcoordinator@newschool.edu (Not anonymous)
• Emailing Student Equity, Accessibility & Title IX at seat@newschool.edu
• Making a formal complaint with Campus Security

D. Sexual Misconduct & Harassment Violations

The following actions are considered violations of the Student Code of Conduct and are subject to sanctions imposed under the Non-Academic Disciplinary Procedures of the University or the Title IX Procedures. The full University Policy on Harassment, Discrimination, Prohibited Relationships, Title IX and Non-Title IX Sexual Harassment and Misconduct can be found on the Title IX website.

1. Harassment

a. Discriminatory Harassment

Discriminatory harassment is unwelcome conduct that creates an intimidating, hostile or abusive work, academic, student residential or co-curricular environment; alters the conditions of employment or education or unreasonably interferes with an individual’s work or academic performance on the basis of the individual’s actual or perceived membership in a protected class. Harassment may include, but is not limited to:

• verbal abuse, epithets, slurs, or negative stereotyping
• threatening, intimidating or hostile acts
• denigrating jokes
• obscene comments or gestures
• offensive or derogatory displays or circulations (including electronic) in the work, academic or student residential environment
• written or graphic material that disparages or shows hostility or aversion toward an individual or group

Determinations of whether conduct is intimidating, abusive or hostile will be based on objective and subjective factors, including the totality of the circumstances, as well as the nature of the conduct. A reasonable person in the complainant’s position is the standard that determines whether the conduct created a hostile environment.

b. Sexual Harassment

Sexual harassment is a form of discrimination that includes harassment on the basis of sex, gender, gender identity or expression, sexual orientation or the status of being transgender. Sexual harassment includes unwelcome conduct of a sexual nature or which is directed at an individual because of that individual’s sex, gender, gender identity or expression, sexual orientation or the status of being transgender. It includes visual, verbal, non-verbal or physical conduct and when:

• Submission to such conduct is implicitly or explicitly a term or condition of the individual’s academic, co-curricular, student life or employment status or used as a basis for academic, co-curricular, student life or employment decisions affecting the individual (“quid pro quo”), or
• The conduct has the purpose or effect of unreasonably interfering with the individual’s academic, social, student residential or work performance by creating a hostile environment, regardless of whether the conduct is directed toward that or any specific individual, or
• Such conduct is intentional, serves no legitimate purpose and involves contact with parts of another person’s body and which causes the person to feel degraded or abused or is committed for the purpose of gratifying the other person’s sexual desire.

c. Hostile Environment

A hostile environment occurs when the unwanted and objectionable conduct is based upon the individual’s actual or perceived membership in a protected class and limits or denies or unreasonably interferes with an individual’s work or academic experience (including student residential, campus life or co-curricular). A single or isolated incident of harassment or discrimination may create a hostile environment.

Examples of conduct that can constitute harassment include but are not limited to:

• Verbal or non-verbal unwelcome sexual advances, innuendos or propositions, racial or sexual epithets, derogatory slurs, offensive or denigrating jokes.
• Derogatory visual posters, cartoons or drawings, suggestive objects or pictures, graphic commentary, leering or obscene gestures.
• Threatening, intimidating or causing physical harm or other conduct that threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class.
• Bullying, defined as repeated and/or aggressive conduct, including speech, likely to intimidate, humiliate or intentionally hurt, control or diminish another person physically or mentally, regardless of whether that conduct is based on their actual or perceived membership in a protected class.

• Sexual Harassment and Misconducts
1. Sexual Assault

Sexual assault is sexual activity, including sexual acts and/or sexual contact, which occurs without affirmative consent (defined within) to engage in the activity.

Sexual Act

• Contact, however slight, between the penis and vagina or the penis and the anus without affirmative consent, or
• Contact between the mouth and the penis, the mouth and the vagina, the mouth and the anus or genital to genital contact without affirmative consent, or
• Penetration, however slight, of the anal or genital opening of another by hand, finger or any object, with the intent to abuse, humiliate, harass, degrade or gratify the sexual desire of any person and without affirmative consent.

Sexual Contact

• The intentional touching, either directly or through clothing, of the genitals, anus, groin, breast, inner thigh or buttocks of any person without affirmative consent and with the intent to abuse, humiliate, harass, degrade or gratify the sexual desire of any person.

b. Sexual Exploitation

Sexual exploitation is non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, humiliation, harassment or any illicit purpose.

3. Relationship Violence
1. Dating Violence

Dating violence is the use of physical violence, coercion, threats, intimidation or other forms of emotional, psychological or sexual abuse directed toward an individual, who is or has been in a social relationship of a romantic or intimate nature with the accused. It includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce, threaten or physically injure the individual. A romantic or intimate relationship may exist whether the relationship is sexual or not. Dating violence can be a single act or a pattern of behavior, depending upon the severity of the conduct. The existence of a dating relationship shall be determined based upon the complainant’s statement, as well as such factors as the length of the relationship, the type of the relationship and the frequency of interactions between the parties involved in the relationship

b. Domestic Violence

Domestic violence is the use of physical violence, coercion, threats, intimidation or other forms of emotional, psychological or sexual abuse directed toward a current or former spouse, intimate partner, person with whom one shares a child or a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, or anyone protected from the accused’s acts under the domestic or family violence laws of New York. To categorize as domestic violence, the relationship between the complainant and the accused must be more than two people living together as roommates and must be the type of relationship as noted above. Domestic violence includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce, threaten or physically injure the individual. Domestic violence can be a single act or a pattern of behavior, depending upon the severity of the conduct.

c. Stalking

Stalking is a course of unwanted and repeated conduct directed at an individual or group of individuals, designed for no legitimate purpose and which causes a reasonable person to be in fear for their safety or the safety of others or to suffer substantial emotional distress. Stalking can take many forms and may include conduct where the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person or interferes with a person’s property.

III. INTERIM MEASURES

There may be circumstances in which the Associate Provost Student Affairs and Dean of Students and/or University Code Administrator, or their designee must take immediate action on a student or registered student organization, prior to a formal disciplinary outcome.

1. Interim measures are imposed only when the Associate Provost for Student Affairs and Dean of Students and/or University Code Administrator determines, in consultation with university officials as appropriate, that the measure meets the below criteria:
1. To ensure the safety and well-being of the university community
2. To ensure the students own safety and well-being: and/or
3. The student poses an ongoing threat or disruption of, or interference with, the regular operations of the university.
2. Interim measures include the following:
1. Interim suspension
2. Interim restriction
3. Interim class restriction
4. Interim Housing suspension, restriction and relocation
5. Persona non grata (university ban)
6. No contact orders
3. When an interim measure is issued, the student shall be afforded the opportunity to meet with the Director of Student Conduct and Community Standards or designee to request reconsideration of the interim measure. At the university’s discretion alternative coursework options may be pursued to ensure minimal academic disruption.
4. The interim measure and any review of this status does not replace the regular hearing process. Interim measures may remain in effect until the student is informed of the outcome of the conduct review process. The interim measure may be lifted earlier by action of the Associate Provost for Student Affairs and Dean of Students, or designee, however other sanctions can/will remain.
5. SCCS will strive to adjudicate cases where interim measures have been issued in an expedited and prompt manner.
6. Interim measures can be put in place for all types of conduct processes. This includes but is not limited to:
1. Informal Resolutions
2. Educational Conferences
3. Administrative Conduct Reviews
4. Conduct Panel Reviews

IV. DISCIPLINARY PROCESS AND PROCEDURES

*For incidents of sexual harassment and misconduct, please see Sexual Misconduct and Violence section.

Student Conduct Process Overview

The New School’s student conduct process is not a legal process. Our process is designed to provide a learning experience that will provide healthy approaches to daily challenges faced in and outside our community. Based on the complaint received, SCCS, Residential Education, and/or the Dean of Students will determine the appropriate process to follow.

The Dean of Students or their designee will evaluate and may impose an interim suspension or expulsion where warranted based on the severity or the risk to the health and safety of the University community of the alleged violation. It is at the discretion of SCCS, Residential Education, and/or Dean of Students to determine if an administrative hearing, conduct review panel or an alternative approach is appropriate.

A. Standard of Review

All disciplinary actions will be determined using the preponderance of the evidence standard. This means that if it is determined that a policy violation was more likely than not to have occurred, the student will be held responsible and sanctioned accordingly. A disciplinary hold preventing readmission, registration, and transcript retrieval will be placed on the account of any students who withdraw from the university pending the outcome of the conduct process.

B. Filing an Incident Report

An incident report is a detailed, written description of an alleged violation. Any member of the university community may report an alleged violation of the Student Code of Conduct or behavior in writing to Student Conduct and Community Standards (SCCS). Complaints should be filed as soon as possible; later filing can impact the ability to investigate. Community members can report incidents via email to studentconduct@newschool.edu or through the online portal.

C. Preliminary Review of Complaint

Upon receipt of the incident report, SCCS is authorized to conduct a preliminary review of the complaint. SCCS will determine where the complaint falls under. SCCS may refer the complaint to an informal resolution process to address the report through an alternative manner.

1. Informal Resolution:

The Office of Student Conduct & Community Standards (or a trained administrator from another designated office) will review the matter and work with the student(s) toward a resolution. Outcomes in informal resolution may include, but are not limited to, informal discussion, mentoring and coaching, conflict mediation, restorative resolution, non-disciplinary intervention, and no contact directives.

2. Educational Conference

If the situation is concerning but doesn’t appear to be a violation (e.g., an incident that occurs outside of the University’s jurisdiction, or repeated low-level behaviors), there may still be an institutional response without formal conduct charges.

3. Dismissal of a Complaint

If SCCS find insufficient information or basis to support the complaint, SCCS is authorized to dismiss the complaint. The decision to dismiss a complaint by SCCS is final. SCCS may refer the complaint to an informal resolution process to address the report through an alternative manner. However, if additional information becomes available, SCCS reserves the right to investigate a complaint that had previously been dismissed.

4. Interim Measures

The Associate Provost for Student Affairs and Dean of Students or their designee, will review the complaint to determine whether interim measures are appropriate or necessary. If it is determined that either interim suspension is appropriate or necessary, the process outlined in the Interim Measures section will be followed.

D. Review of Complaint

The SCCS will investigate the complaint by interviewing persons thought to have knowledge of the particular incident, including the responding party. Both reporting and responding parties are allowed to suggest witnesses and provide any supporting materials to the office for consideration.

E. Notification of Complaint

If SCCS finds that there is sufficient information or basis to support the complaint, they will notify the responding party of the complaint and provide the student with information about the procedures. If a person alleged to have violated the policies governing student conduct or behavior is questioned, the student must be informed that they are being investigated and of the nature of the related incident. SCCS will notify the responding party of the complaint in writing (by email, mail, certified mail, or hand-delivered letter).

F. Investigation

After the student has been given notice of the complaint, SCCS may begin an investigation, which may include a meeting with the student alleged to have violated the student code of conduct and the person submitting the incident report, if necessary, to determine all the facts surrounding the incident. SCCS will meet with all parties on a one-on-one basis and may also meet with the alleged student without meeting with the person filing the complaint. Failure to respond and/or participate in either an Administrative Conduct Review or Panel Conduct Review may result in a decision being made in the student's absence.

G. Hearing Types

1. Administrative Conduct Review

If in the judgment of SCCS the nature of the alleged violation is unlikely to result in the suspension or expulsion of the student from the University, SCCS or Housing and Residential Education is authorized to review and adjudicate the matter. SCCS may refer incidents to the Associate Provost for Student Affairs and Dean of Students or their designee.

2. Conduct Panel Review

If, in the judgment of SCCS, the nature of the alleged violation could result in the suspension or expulsion of the student from the university or falls under the Sexual Misconduct and Violence Policy, the office will forward the matter to the President, Vice Provost, Associate Provost for Student Affairs , or their designee for review. The matter will be referred to a Conduct Review Panel, unless the responding party accepts responsibility.

a. The conduct review panel will consist of a minimum of three (3) and no more than five (5) members of the university community to be selected by SCCS or Associate Provost for Student Affairs. There will be every attempt to have the conduct panel composed of at least one faculty member, one staff member, and one student. The faculty member and student shall not be from an academic program of any of the parties involved.

b. If the matter is referred to a conduct review panel for its review, the panel shall meet and review the complaint, materials provided by the parties, and meet with all individuals involved, both the responding and reporting parties, and witnesses if appropriate. Both parties will be present for the duration of the hearing with no direct communication. The Panel will make a determination of responsibility and a recommendation of sanction(s), which will be sent to the Associate Vice Provost. The Associate Vice Provost will review the sanctions for appropriateness to findings and communicate the outcome to the responding party. If the allegations fall under the Sexual Misconduct and Violence Policy, responding and reporting parties will be notified of the outcome and have the opportunity to appeal.

H. Waiver of Disciplinary Review:

If the responding party does not contest the allegations and accepts responsibility for violating the code or other non-academic policy violation(s), the student may waive the disciplinary review by the Conduct Review Panel. In which case the Associate Provost for Student Affairs , or their designee, will review the complaint and make a determination of responsibility and sanctioning, if appropriate.

I. Review of Documents

The student has a right to review the case file with a support person or advisor. SCCS will determine the procedures to be used in reviewing the matter and will give the responding party a reasonable opportunity to comply with the process. Files can be viewed with SCCS or via an authorized secure electronic platform. Physical copies of files will not be distributed to parties. Support persons or advisors may only view files in the presence of the student.

J. Advisors

Students may bring an advisor/ support person. Advisors, including attorneys, may not represent students or otherwise act on behalf of a student during the review process. Students can request an advisor from SCCS. Any requests for accommodations should be discussed with the Director of SCCS or designee.

K. Records

1. Student Conduct Records

Any student who goes through the student conduct process will have a student conduct record created. Records will be maintained by The Office of Student Conduct and Community Standards for seven (7) years. Records that relate to the following will be kept indefinitely:

i. Suspension

ii. Expulsion

iii. Title IX

iv. Non-Title IX Sexual Misconduct

2. Accessing Records

Student Conduct records are protected under FERPA. SCCS will not release information about student conduct records without explicit permission from the student or through a court ordered subpoena. Students can contact The Office of Student Conduct and Community Standards to discuss accessing records.

3. Conduct Review Panel Files

Students who would like to review a conduct review panel file, after the completion of the Conduct Review Panel and appeals process, may submit that request in person or in writing to The Office of Student Conduct and Community Standards. Conduct review panel files are viewed electronically through a secure server and students will be granted access for 48 hours. Files cannot be shared, duplicated, photographed, or printed.

4. Transcript Notations

Students found responsible for a violation of Sexual Misconduct and Violence Policy or another "crime of violence” as defined by the Clery Act will receive a notation on their transcript of their suspension or expulsion from the university. The notation will state: "Suspended (or Expelled) after a finding of responsibility for a code of conduct violation." Students who withdraw from the university while the investigation of a complaint of Sexual Misconduct or another "crime of violence" as defined by the Clery Act will receive a notation stating that the student withdrew with disciplinary action pending. The notation will state: "Withdrew with conduct charges pending." A student may file an appeal in order to remove a transcript notation of suspension or expulsion by following the steps outlined in Section VII.

5. New School Expungement Policy

Students have the right to request that their disciplinary record(s) be expunged after one full year from completing their sanction(s) Students can fill out the online request form by visiting the Office of Student Conduct and Community Standards (SCCS) website. Students will be required to submit a short statement explaining why the violations should be expunged and a short statement reflecting on the incident and how decisions around their behavior choices have changed. Students may be required to meet with a representative from the office and students will be notified in writing of the decision. Decisions made are final and are not subject to appeal. Expungement requests may not be considered for violations of Sexual Misconduct. Requests will also be denied if the student has not yet successfully completed the terms of their sanction(s). Full details of the Expungement Request process, including information on eligibility and other requirements are outlined in the Expungement Policy.

L. Other Considerations

1. Recording

No individual involved in the process other than the investigator or appeal officer may audio or video record any investigation or resolution meetings or other portions of the process without prior authorization from the Director of Student Conduct and Community Standards.

2. Privacy

SCCS must seek to determine the facts of the case to make a fair determination and finding in as private a manner as practical. The designated officials/designees reviewing a case shall not discuss a case except in formal sessions dedicated to that purpose. University officials will respect the privacy of both parties insofar as possible. Thus the office cannot discuss or divulge the outcome of complaints or investigations without the appropriate party's consent unless the incident falls under the Sexual Misconduct and Violence Policy.

3. Witnesses and Supportive Materials

Complainants and respondents may submit a list of witnesses who may have information relevant to the incident or direct material to the facts of the incident. SCCS will not consider character witnesses during the fact-finding portion of the investigation process. SCCS has the discretion to determine a witness's participation in the hearing process. Complainants and respondents may also submit supporting materials deemed relevant to the incident and related to the facts of the incident. Supporting materials, or evidence, can include but are not limited to photographs, text messages, emails, online posts, voice messages, notes, or letters. SCCS also has the discretion to determine the relevance of supportive materials that have been submitted.

4. Protection from Retaliation:

All individuals involved in consideration of a complaint will be protected from retaliation, such as threats, false countercharges, punitive use of grades, arbitrary dismissal, or denial of promotion by the party or another acting on their behalf. Individuals are protected from retaliation both while and after a complaint is considered. Either party should promptly report any indication of retaliation to SCCS. The office will review the facts and determine the appropriate actions to address concerns of retaliation.

V. SANCTIONS

Sanctions are determined by the administrative hearing officer or the conduct review panel. Sanctions are not intended to be solely punitive, as such they are issued with the educational philosophy of encouraging reflection on one's decisions and the impact on self, others, and community as well as the importance of continued education in and out of the classroom. Sanctions are determined with the seriousness of the conduct, corrective and learning opportunities of the student, prior conduct of the individual, as well as striving for consistency between other similar cases. Below are additional considerations:

• The university recognizes the sanctions listed in this document below in holding students accountable for violations of the policies governing student conduct or behavior.
• The Hearing Officer may review previous violations that may be considered in determining sanctions.
• Students are held responsible for the actions of their guests while on campus. Sanctions may be issue to the host when a guest is not a student of the university.
• Failure to comply with imposed sanctions subjects the student to further disciplinary action.

A. Verbal Warning: Verbal notification to the student that repetition of the wrongful conduct may be cause for more severe sanctions, and a clear instruction to desist.

B. Written Warning: Written notification to the student that continuation or repetition of the wrongful conduct may be cause for more severe disciplinary action. A copy of the written warning letter will be placed in the student's file.

C. Disciplinary Probation: Disciplinary probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the Student is found to violate any institutional regulation(s) during the probationary period. If the student does not complete any other sanction imposed, the disciplinary probation will extend until that sanction is completed.

D. Restrictions: Alteration, limitation, or revocation of the use of certain university facilities, equipment, or the right to participate in certain activities of privileges for a specific period of time.

E. Restrictions of Housing Privileges: When a sanction of housing restriction is imposed, a student living in a residence hall may be subject to the restriction of guest privileges and specified residence halls. Housing relocation is also a restriction; if a student is relocated, SCCS may impose additional restrictions.

F. Suspension of Housing: When a sanction of suspension from University Housing is imposed, the Student is denied the opportunity to enter, even as a guest, or live in University Housing for a specified period of time. Students removed from University Housing shall remain liable for all housing and meal plan fees and are not eligible for any refunds for the full occupancy period of the Housing License or Dining Agreement.

G. Educational Project: Educational project or program which may include alcohol and drug education, research/reflection assignments, action plans, referrals to campus resources or offices, or other assignments intended to help students evaluate their behavior choices and understand community expectations.

H. Restitution: Compensation for loss or damage to university property. This may include the restoration or replacement cost of the lost or damaged property.

I. Suspension: Partial or complete exclusion from class, exams, property, and functions of the university for a stated period of time. Suspension may require petition for readmission. A suspended student may be prohibited from accessing campus without expressed prior permission from the university. Violation of the terms of suspension may result in expulsion. A student suspended from the university in the midst of the semester will be subject to the university’s tuition refund schedule. No exceptions will be made. NOTE: Suspension as a result of violating the Sexual Misconduct and Violence Policy will result in a notation on the 'student's transcript.

J. Expulsion: Dismissal from the University. The student may not attend classes or take any examinations and must vacate university property by the effective date of expulsion. Readmission will not be considered nor admission to any other university programs or activities. Students expelled for disciplinary reasons are not entitled to a refund of any deposits, tuition, or fees paid. NOTE: Expulsion as a result of violating the Sexual Misconduct and Violence Policy will result in a notation on the 'student's transcript.

K. Other: The university code administrator, or their designee reserves the right to add or amend to any of the above sanctions to appropriately address behavioral actions.

VI. APPEALS PROCESS

A. Grounds for Appeal

1. The existence of new facts that were not available throughout the investigation and adjudication process, and may have materially affected the decision if they had been available at the time of the investigation and adjudication.
2. Evidence that procedures set forth here were not followed, and that the failure to follow these procedures may have materially affected the decision.

B. Timing for Appeals

1. Once review proceedings are completed and a sanction imposed, the sanctioned student has the right to appeal on the established grounds.
2. Appeals must be filed in writing to SCCS within five (5) business days from receipt of a decision letter
1. Appeals for Administrative Conduct Review violations will be reviewed by the Associate Provost for Student Affairs and Dean of Students or designee.
2. Appeals for Conduct Review Panel violations and appeals for cases of Sexual Misconduct and Violence Policy will be reviewed by the appeals panel, if grounds for appeal are determined appropriate Sanctions imposed will go into immediate effect pending the appeal.
3. A request may be made to the Associate Provost for Student Affairs and Dean of Students or their designee to delay implementation of the sanctions until the appeal is decided.
4. Individuals may submit an appeal after the 5 business days only if new information came to them after that time.
1. The individual must explain in the appeal why they did not have the information prior to that timeframe in order for the appeal to be considered.
3. The appeal shall specify the basis of the reasons for appeal and supporting facts.
4. Failure to file a timely written appeal shall constitute a waiver of any right to appeal.
1. If new, previously unavailable information is brought forward that might have had a substantial bearing on the decision, the matter may be referred back to the Conduct Review Panel for consideration of the new information.

C. Appeal Determinations

The appellate reviewer(s) may make the following determinations:

1. Deny the appeal and make no modifications.
2. Accept the decision but modify the sanction(s) imposed.
3. Remand the case for further review.

D. The appeal determination is final.

E. Important information

1. Students are responsible for strict adherence to all deadlines and procedures for the filing of appeals.
2. No new information shall be considered on an appeal unless it was not available at the time of the disciplinary review process.
3. Documents filed in an appeal shall constitute a part of the record.
4. All documents relating to the proceedings from which the student is appealing shall be available to the Associate Provost for Student Affairs and Dean of Students or their designee.
5. Sanctions imposed go into immediate effect pending an appeal.

VII. STUDENT ORGANIZATIONS, GROUPS, AND CLUBS

Student organizations, which include groups and clubs, shall be prohibited from engaging in, or authorizing its members to engage in, any actions which are considered violations of the policies governing student conduct or behavior. A student organization refers to a group or club formed by students in an educational institution for a specific purpose, such as promoting social causes, engaging in extracurricular activities, or advocating for certain issues. or the following are definitions of our types of Student Groups Types of Student Groups:

• Student Group: An independent or general collective, led and organized by students, that has yet to begin (or chooses not to engage with) the university registration process.
• Provisional Student Organization: A student group that has submitted their registration or re-registration request, but has not completed all of the requirements.
• Registered Student Organization (RSO): A student group that has completed all of the requirements of registration as determined by the University. Organizations, based on certain eligibilities, have levels of privileges and permissions through a Tier system ranging from Tier 3 to Tier 1 Procedures
• Student Conduct and Community Standards is authorized to investigate complaints against student organizations and, if necessary, charge the organization with violating the policies governing student conduct or behavior.
• Charges will be served on the principal officer(s) of the organization. Officers must meet with SCCS in a timely manner, and the organization must respond in writing within five (5) school days of receipt of the notice.
• The charged organization may request an extension in the response period. Such a request must be in writing and must be received by SCCS within five (5) school days of the receipt of the notice. The length of the extension will be determined by SCCS.
• SCCS may suspend the activities of the charged organization pending the review of the complaint.
• SCCS will review the charges and response from the charged organization to determine whether or not the organization violated the policies governing student conduct or behavior. Where it has been found that the organization violated the policies governing student conduct or behavior, SCCS will determine the appropriate sanction.

A. Sanctions

1. Any student organization found in violation of the policies governing student conduct or behavior shall be subject to dissolution of the organization and revocation of their charter to operate. SCCS may impose a lesser sanction as deemed appropriate.
2. Disciplinary sanction of a student organization will not preclude disciplinary action for an individual student if he/she is specifically charged in the same incident. Charges against individual students will be adjudicated under the process as outlined in Section IV.

B. Appeal

The Associate Provost for Student Affairs , or their designee, shall hear appeals for the decisions made regarding student organizations using the procedures described in Section V for more detail.

VIII. SEXUAL MISCONDUCT AND VIOLENCE

Processes described below are applicable to reports of sexual misconduct and harassment involving students. To review the full university Sexual Misconduct and Harassment policy here: University Policy on Harassment, Discrimination, Prohibited Relationships, Title IX and Non-Title IX Sexual Harassment and Misconduct (effective 10/5/2023)

A. Reporting

Any individual may make a report of alleged Sexual Harassment/Misconduct whether they are directly involved in the harassment/misconduct or as a third-party reporter. Reports can be made in person, via phone, or via email.

1. For incidents involving students contact:
2. Cassita Charles-Bowie, Associate Director for Student Title IX and Discrimination, Senior Investigator, charlesc@newschool.edu.
3. Student Conduct and Community Standards, studentconduct@newschool.edu
4. Student Support and Advocacy, studentsupport@newschool.edu
5. Anonymous Portal, www.pavesuite.com/Newschool/PublicPortal/AcademicMisconductIncident
6. In emergency situations or if you need immediate assistance, please contact Campus Security at 212-229-7001.
7. For incidents involving faculty and staff contact:
8. Rhonnie Jaus, Vice President for Equal Employment Opportunity, Affirmative Action, Compliance and Title IX Coordinator, at Jausr@newschool.edu
9. The Harassment/Discrimination Reporting Form here: https://docs.google.com/forms/d/e/1FAIpQLSdAn8yvtaEWUOI7ybYa1RdBn7adl7sY6M3eYXorMl1p-IxBSw/viewform

B. Supportive Measures

Supportive measures will be offered to parties regardless of whether a formal complaint is filed. Supportive measures include, but are not limited to:

• Counseling
• Course related adjustments
• Modification of work or class schedule
• Campus escort services
• No Contact Orders
• Changes in work or housing locations
• Leave of Absence
• Increased security and monitoring of certain campus areas

C. Formal Complaint & Investigation Process for Title IX

1. Formal Complaint

If any student would like to move forward with a formal grievance procedure, a formal complaint must be submitted to the Title IX Coordinator, or designee. A formal complaint is a signed document that details the alleged harassment/misconduct and requests the university begin an investigation. A formal complaint may be made to the Title IX Coordinator, or designee, in person, via phone, mail, or e-mail. In certain circumstances, the Title IX Coordinator may file a Formal Complaint.

2. Notice

Upon receipt of a formal complaint, the university will provide written notification to both parties with information to help prepare for the investigation process. The notice shall include:

1. A description of the investigation and adjudication processes

2. The evidentiary standards used to determine responsibility is “preponderance of the evidence”

3. Information about advisors. Parties may have an advisor of their choice, who may, but is not required to be, an attorney. If either party does not have an advisor of choice, the university will provide one, free of charge.

4. Parties and their respective advisors may review reports and evidence gathered by the university during the investigation process

5. Reference to the university’s provision in the code that prohibits knowingly making false statements or knowingly submitting false information during the process.

Prior to meetings where a party’s participation is expected, the university shall provide written notice to that party of the date, time, location, participants, and purpose of the meeting (for example: an investigative interview, hearings, or other meetings) with sufficient time for the party to prepare for the meeting.

3. Investigations of Title IX Sexual Harassment/Misconduct Cases
4. The university will conduct an investigation of the allegations, which may include speaking with the parties, other witnesses and considering evidence.
5. All parties have the opportunity to present evidence and request that witnesses be interviewed.
6. The university cannot use privileged records of any witness/party without the consent of the witness/party.
7. All parties will be provided with written notice of meeting dates and times, as well as the right to attend meetings with an advisor of choice. The advisor of choice may act only in an advisory capacity at these meetings. Sufficient notice will be provided to prepare for meeting requests.
8. The university has the burden of gathering evidence during the investigation.
9. The university cannot restrict the right of either party to discuss the evidence in the case.
10. If, in the course of the investigation, the university decides to investigate allegations/ conduct that was not included in the original notice to the parties, the university shall provide notice of the additional allegations to the appropriate parties.

a. Dismissal of a Formal Complaint

The university shall dismiss a formal complaint of the Sexual Harassment/Misconduct Process under the following circumstances:

1. The allegations would not constitute Sexual Harassment/Misconduct as set forth in the Sexual Harassment/Misconduct Policy.
2. The allegations did not occur within the university’s jurisdiction as stated in the Sexual Harassment/Misconduct Policy.
3. The complainant informs the Title IX Coordinator in writing that they wish to withdraw the formal complaint
4. If the respondent is no longer enrolled at the university.
5. The inability to gather sufficient information in order to reach a determination.

The university may, in its sole discretion, transfer reported misconduct that has been dismissed from the Sexual Harassment/Misconduct process to the Student Conduct procedures as outlined in section IV.

Written notice of the university’s decision and rationale to dismiss a Formal Complaint will be sent to both parties.

Parties will have the opportunity to appeal the decision to dismiss a Formal Complaint.

b. Investigative Report

Parties and their advisors will have the opportunity to review all relevant evidence and reports prior to the completion of the investigation. Parties will have the opportunity to respond in writing within ten (10) days of review. The Investigator will consider written responses prior to the completion of their report.

The Investigator will prepare a report of all relevant evidence, interviews, and reports. Parties will be provided the report for review at least ten (10) days prior to a hearing. Parties will have an opportunity to provide a written response to the report, no later than ten (10) days after receiving the report.

4. Formal Grievance Process for Title IX Sexual Harassment/Misconduct
5. The university will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing. The university reserves the right to hold a hearing virtually in real time.
6. No party can waive the right to a live/virtual hearing. The university can still proceed with the live hearing in the absence of a party and may reach a determination of responsibility in their absence, including through evidence that does not constitute a statement of that party. A decision maker cannot draw an inference about the determination of responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination questions.
7. The hearing will be conducted live/virtually in real time.
8. A panel of decision makers will render the decision in the hearing.
9. Each party must be accompanied to the hearing by an advisor of choice which may be an attorney.
10. If either party does not have an advisor of choice, the university will provide one at no cost to the party. Advisors provided by the University have been trained. There is no requirement that the university provide an attorney.
11. The complainant and respondent will have the opportunity to provide opening and closing statements to the panel of decision makers. Direct examination of parties by their own advisors is not permitted.
12. The advisor can ask the party (or parties) or witnesses relevant questions on cross examination. Questions may only be asked by a party’s advisor. Parties are not permitted to ask questions of witnesses or other parties themselves during the hearing.
13. The Panel Chair will determine whether the advisor’s proposed question is relevant prior to the advisor being permitted to ask the party or witness the question. The decision maker must explain any decision to exclude a question.
14. If a party or witness refuses to submit to cross examination, the decision maker cannot rely on any statement they have made in determining responsibility.
15. The standard of evidence used at the hearing is the preponderance of the evidence (see definition above).
16. Complainants cannot be asked questions about their sexual history, unless it goes directly to the issue of consent to the alleged conduct or the identity of the accused.
17. Privileged evidence of a party/witness may not be used during the hearing without the consent of the party/witness. Privileged information includes but is not limited to, medical history, psychological records, and attorney/client communique.
18. Both parties will receive a written outcome determination letter of the proceedings that includes findings of fact, conclusions of policy violations, the rationale for the decision, as well as any disciplinary sanction or recommendation, if any. The letter will also contain information about how to file an appeal.
19. For the range of possible sanctions for student cases see SANCTION section in the Student Code of Conduct.
20. The university will maintain a recording of the proceedings.

D. Non-Title IX Sexual Harassment/Misconduct Cases

1. Investigations For Non-Title IX Allegations

Upon receipt of a complaint (or notice) of discrimination, harassment, or retaliation, an investigation of the allegations will be commenced. The investigation will be conducted in a prompt, thorough and impartial manner, and may include:

• Interviews with the complainant and the accused
• Interviews of witnesses
• Consideration of relevant evidence, including information submitted by either party
• Either party may be accompanied to the interview by an advisor of choice. The advisor of choice may appear only in an advisory capacity and may not actively participate in the proceedings.
• The investigator will make every effort to keep the complainant informed about the status of the investigation.
• Grievance Process for Non-Title IX Allegations

Upon completion of an investigation, the Title IX Investigator will prepare a report for review by the Vice Provost for Student Success, Associate Provost for Student Affairs , and Director of Student Conduct and Community Standards to determine if the evidence and information is sufficient to move forward with a Conduct Panel Review or if the incident will be dismissed.

• A formal notice of charges will be sent to the respondent and complainant.
• The university will proceed with the live hearing in the absence of any party and may reach a determination of responsibility.
• The hearing will be conducted live/virtually in real time.
• A panel of decision makers will render the decision in the hearing.
• Parties may choose to be accompanied by an advisor or support person of choice. The advisor/support person cannot actively participate in the hearing. Students may request an advisor from The Office of Student Conduct and Community Standards.
• Both parties will be present for the duration of the hearing but will not communicate with each other.
• Each party will give opening statements and closing statements to the panel.
• Relevant witnesses will be questioned by the panel.
• Both parties will receive a written outcome determination letter of the proceedings that will include a finding of fact, conclusion of policy violation, rationale for decisions, any disciplinary sanctions or outcomes, and appeal information.
• The respondent and complainant has the right to submit an appeal based on the outcome determination letter.
• The university will maintain a recording of the proceedings.

E. Appeals

Either party may appeal a responsibility decision in accordance with the Appeal Procedures in section VI of this code. Additionally, either party involved in a Non-Title IX Sexual Harassment/Misconduct matter may appeal a responsibility determination reached at the conclusion of the grievance process due to:

i. A conflict of interest and/or bias for or against the individual Complainant or Respondent that affected the outcome of the matter; and/or

ii. A conflict of interest and/or bias for or against complainants or in general (i.e. an individual’s status as a complainant or respondent) that affected the outcome of the matter.

A written result of the appeal, and the rationale for the decision, shall be provided simultaneously to both parties.

F. Student Prevention and Education Training

• Annual online Sexual Assault Training for all new and transfer students during the Fall and Spring
• semesters
• Presentations to the new and transfer students during Fall/ Spring orientation
• Presentations/ trainings to student leaders
• Resident Advisors (RAs)
• Executive Board of student organizations
• Orientation Leaders
• First Year Fellows