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Penalties and Sanctions

Note: To review the full Code of Conduct, please reference the NYGSP Student Handbook, pp. 12-14.

A student found to have violated the Code of Conduct is subject to one or more of the following penalties, depending on the nature of the violation and of his/her prior disciplinary record:

  1. Warning: A written admonition that will be considered in determining penalties if future violations occur.
  2. Fines: These may be assigned for minor infractions of the Code when appropriate. They may also be used in cases of damage to school or personal property, but in cases of serious and/or repeated acts of destruction or vandalism, the imposition of fines must be combined with other disciplinary penalties.
  3. Limitation on Participation: A student may be penalized by being barred from participating in school activities.
  4. Community Service and Other Alternatives: The Director of Educational Advisement or the Committee on Discipline can impose particular forms of community service and a number of hours to be worked. The Director of Educational Advisement will be responsible for supervising the implementation of the community service. The Director of Educational Advisement may also require attendance, when appropriate, at drug or alcohol workshops or other similar alternatives suitable to the nature of the infraction.
  5. Disciplinary Probation: A strong warning in writing which specifies that further infractions of the Code during a student’s time at the NYGSP will, in most instances, lead to suspension, dismissal or, in very serious cases, expulsion from the school. A student on disciplinary probation may be barred from some or all extracurricular activities for a defined period.
  6. Course Penalties: Acts of cheating or plagiarism are serious infractions. In such cases, the instructor, after consultation with the Director of Educational Advisement or Program Director, has the discretion to decide whether the grade should be imposed for the particular assignment or for the whole course. All such acts will be part of the student’s general file. The Director of Educational Advisement, Program Director, or the Committee on Discipline may impose other penalties as well, from disciplinary probation to expulsion, depending on the seriousness of the offense and the student’s previous record.
  7. Suspension: The rights and privileges of being a student at NYGSP may be suspended for a specific period of time, the minimum of which will be to the end of the current semester. The student must not return until the end of the period of suspension. Reapplication for admission is not necessary.
  8. Dismissal: A student may be required to leave school for at least one semester and petition for readmission. The student may be required to fulfill particular obligations while away from the School and to provide evidence of having done so, along with evidence of his/her readiness to return to study.
  9. Expulsion: This means the permanent termination of student and degree-candidate status at the NYGSP. It may be imposed only in the most serious cases.

 

For crimes of violence, including but not limited to sexual violence, defined as crimes requiring reporting pursuant to the federal Clery Act (20 U.S.C. 1092 (f)(1) (F)(i) (I)-(VIII), NYGSP will make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “ expelled after a finding of responsibility for a code of conduct violation.

In the event that a respondent withdraws from the college before a decision is rendered on the charges, the respondent is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and shall be barred from attending any other unit of the university until a decision on the charges is made, or the charges are otherwise resolved. Immediately following such withdrawal, the college shall place a notation on the respondent’s transcript that the respondent “withdrew with conduct charges pending.” If the respondent fails to appear, the college may proceed with the disciplinary hearing in absentia, and any decision and sanction shall be binding, and the transcript notation, if any, resulting from that decision and penalty shall replace the notation. If the finding of responsibility is vacated for any reason, any transcript notation will be removed. An appeal for the removal of a suspension notation can be made to the ad hoc Committee on Discipline which will follow the standard appeals process, but the suspension notation cannot be removed prior to a year after the suspension conclusion. Notations for expulsion cannot be removed.

Other penalties do not appear on student transcripts.

The Director of Educational Advisement is authorized to judge violations and to assign a penalty in all cases in which guilt or responsibility is not disputed. Cases of intellectual dishonesty may be settled by an instructor in consultation with the student and the Director of Educational Advisement; after the first offense, the case will go before the ad hoc Committee on Discipline.

Among those actions which normally will result in probation or more serious penalties are interference with others’ exercise of their academic freedom, intimidation or physical threat or harm, acts of vandalism or destruction of property, academic dishonesty, sexual or other harassment, exploitation of the student-patient relationship and theft.

Appeal

The membership of the Appeal Board will consist of two faculty members and one student representative chosen by the Program Director’s council. All three members vote and a majority will decide all questions.

Decisions of the Committee on Discipline can be appealed by the accused or the aggrieved only in cases of demonstrated failure or unfairness in procedure, in cases of alleged sexual misconduct, or when substantial new evidence can be presented. The student may also appeal the severity of the penalty. Requests for consideration of an appeal must be made in writing by the original complainant or the student complained against within five days of their receipt of the finding of the Committee on Discipline, if the appeal is based on procedural error or severity of penalty, or in timely manner, if the appeal is based on new evidence.

The Appeal Board determines what will be accepted on the basis of these requests and the summary of record of the hearing and any other relevant materials from the hearing.

The Board may resolve the appeal itself on the basis of this information, hold new hearings or refer the case back to the Committee on Discipline with instructions.

There will be no appeal beyond the Appeal Board except to the Program Director, and then only when there is demonstrated failure or unfairness of procedure, or when substantial new evidence can be presented, or for clemency.