Review of Complaints & Hearings

Review of Complaint (Non-Academic)

After the preliminary review and student has been notified in writing of the complaint of the alleged violation, the Disciplinary Committee consisting of the Dean of Students and two NYSID Administrative Staff members (appointed from the President’s Council on a rotating basis) will review the complaint. If necessary, the committee may hold a review meeting with the person submitting the incident report and any witnesses identified to determine all the facts surrounding the alleged violation. The Committee will meet with all parties on a one-on-one basis. If it is determined by the Disciplinary Committee that there is insufficient information or basis to support the complaint, the Committee is authorized to dismiss the complaint. Decision to dismiss a complaint is final. If it is determined that there is sufficient information or basis to support the complaint a judicial hearing will occur.

Hearing Notification & Scheduling (Non-Academic)

A student will be notified in writing of the time and location of the hearing. Failure to respond and/or participate in a hearing will result in a decision being made in the student’s absence. All alleged violations and statements in the filed complaint will be considered true and accurate and appropriate administrative actions shall be taken. In allegations involving more than one accused student, separate hearings will be conducted for each student.

The alleged violator may waive the disciplinary hearing if he/she chooses to take responsibility for violating the Student Code of Conduct. The student must meet with the dean of students to sign a statement acknowledging an understanding and acceptance of the charges of violation(s) of the code of conduct, and appropriate sanctions will be imposed.

The Hearing Process (Non-Academic)

The disciplinary hearing for alleged infractions of the Student Code of Conduct will be conducted by the Disciplinary Committee (established for the initial review process). The student may not be accompanied by any other person to the hearing (including family member, friend or attorney).

Electronic recordings of any kind, transmissions of the hearing proceeding and mobile phones or other recording devices are not permitted in the hearing. One of the hearing administrators will take notes during the hearing and produce a summary of those notes soon after the conclusion of the hearing. These records will be retained in the Dean of Students Office. The accused may request, in writing access to view these records.

During the hearing, the student is presented with information pertaining to the allegation that he/she has violated the NYSID Student Code of Conduct. The student will then be permitted to submit the written statement of response to the allegation and present information on his/ her behalf. Questions may be posed by the Disciplinary Committee to better clarify or understand the charges as well as the student perspective on the incident and circumstances. At the conclusion of the hearing, the student will be asked to make a final statement and the hearing will close. The Disciplinary Committee will make a final determination regarding whether the student is responsible for the violation(s) based on all of the information available. If the student is found responsible, the degree of seriousness of the offense and the student’s previous disciplinary record will determine the sanction to be issued.

A student will be notified in writing within 10 business days of the outcome of the hearing and advised of any sanctions to be imposed. Sanctions imposed by the Committee are effective immediately unless