Student Conduct fulfills this mission by:
- Promoting a safe and secure community
- Enforcing The City University of New York’s rules and regulations
- Educating students about institutional expectations
- Holding students accountable for their actions
- Intervening effectively where appropriate
- Supporting students during their conduct experiences
As such, students are expected to conduct themselves as law-abiding citizens of the College at all times. Admission to York carries with it special privileges and imposes responsibilities. York is committed to the development of students’ personal and academic excellence. As voluntary members of the York community, students are expected to act with civility towards others in order to foster and promote an educational environment conducive to the College’s mission, vision, and values.
Student Rights and Responsibilities
It is important that students understand their rights to due process. These rights are consistent at all City University of New York Colleges. These rights are housed in a document titled Article XV. This article is pursuant to the bylaws set forth by CUNY.
Every enrolled student and guest of the City University of New York Community is responsible for maintaining appropriate, professional behavior. Every student must follow all State, Federal and Local laws at all times during their enrollment. Additionally, all CUNY students must follow the Henderson Rules which are the outlined policies of the institution. They are consistent at all CUNY Colleges.
Maintenance of Public Order - Code of Conduct
The Student Process bylaws (Article XV) were adopted by the Board of Higher Education at its meeting held November 23, 1970. This action provided the means by which administration, faculty, and students at each college of the University may administer a system of student conduct and discipline designed to maintain campus order and protect the rights of members of the college community.
The following behaviors are considered violations of the Code of Conduct and are subject to disciplinary process and sanctions:
- Obstruction of or interference with institutional educational processes or facilities and the prevention of others from exercising their rights;
- Failure to comply with lawful directions of college officials acting in the performance of their duties, including failure to comply with the reasonable directions of a member or agent of the College acting in the performance of their duty;
- Any unauthorized occupancy of facilities owned or controlled by the institution or blockage of access to or from such facilities;
- Theft, misappropriation, damage, or unauthorized sale of college property;
- Intimidation or abuse of others who advocate their positions;
- Interference with the right of any institution member or other authorized person to gain access to any activity, program, event, or facilities sponsored or controlled by the institution;
- Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups, or individuals (e.g., public urination/defecation, participation in a disruptive or coercive demonstration);
- Firearms, Ammunition and Other Dangerous Weapons. Possession of or use of firearms, ammunition, dangerous weapons of any kind, as well as replica/toy weapons. (Examples of prohibited items include but are not limited to: BB guns, pellet guns, explosive materials, paintball guns, water guns, cap guns, stun guns, Tasers, toy knives or other items that simulate firearms or dangerous weapons);
- Recklessly or intentionally endangering the physical or mental health of others. These behaviors include but are not limited to actions causing bodily harm to another person, or reckless disregard for the health, safety, and welfare of any person. Also, engaging in threatening/intimidating or bullying behavior, which is so persistent, pervasive, or severe as to deny a person’s ability to participate in the College community, and verbal threats and/or attempts to intimidate, including, but not limited to statements meant to provoke conflict with another person or which cause a reasonable fear for a person’s safety;
- Drugs and other Controlled Substances. The unlawful possession, use, or sale of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic, hallucinogenic drug, or marijuana). This offense includes the violation of any local ordinance, state, or federal law concerning drugs or controlled substances, on or off (ex. College sponsored events or trips off campus) college-owned or controlled property.
- Alcoholic Beverages. The use and/or possession of alcoholic beverages on or off (ex. College sponsored events or trips off campus) college-owned or controlled property. This offense includes the violation of any University policy, local ordinance, state, or federal law concerning alcoholic beverages, on or off (ex. College sponsored event or trip off campus) College-owned or controlled property. See CUNY’s Drug and Alcohol Policy for more details.
- Sexual Harassment (Misconduct). Includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, request for sexual favors, and other verbal, nonverbal, graphic, and electronic communications or physical conduct that is sufficiently serious to adversely affect an individual’s participation in employment, education, or other College activities. See CUNY’s Sexual Misconduct Policy for more details.
Guidelines for Reporting
- Issues of Safety and Security where there is a threat of harm to anyone in the community, self or others, should be reported to the Office of Public Safety.
- Issues of a sexual nature such as sexual assault, sexual harassment, dating violence, domestic violence and stalking should make a report to the Office of Diversity and Compliance.
- Incidents of in class student behavioral issues should be reported by faculty through the Behavioral Intervention Team (BIT) reporting system.
- All incidents of academic integrity should be reported by faculty to the Office of Student Affairs using the Academic Integrity form. All forms should be accompanied with supporting documents and evidence of the infraction.
- Faculty can refer a student to counseling services through the Counseling Center.
- Members of the York community who need to report an injury or health-related issue can contact the Office of Public Safety and the Office of Health Services.
Student Conduct Frequently Asked Questions
- How are disciplinary incidents identified? Information is sent to Student Conduct by a variety of complaint avenues and sources. Within York’s campus, this commonly includes Public Safety reports, faculty reports, and referrals from the Behavioral Intervention Team of reports made by members of the college community. Outside of York, information can also be referred to from other colleges or universities or by law enforcement professionals. Once a report is received, staff members in the office review the information presented to determine whether a policy violation may have taken place. If so, the student conduct process is initiated.
- Who is involved in the student conduct process? The Ombudsman (Ombuds) is responsible for conducting a fact-finding investigation of incidents, and facilitating mediations. A student accused of violating a college policy will meet with the Ombuds to discuss what took place and how the student conduct review process will proceed. In addition, parties directly or indirectly involved with the matter may be contacted during the investigation process, as needed.
- What rights do students have in the student conduct process? Article XV of the CUNY Board of Trustees Bylaws outlines the specific rights and responsibilities of students in the student conduct process. These include:
- The right to receive formal notification of the charges against you
- The right to have an investigation and mediation or hearing take place within a reasonable amount of time
- The right to present your side of the story
- The right to present witnesses and evidence on your behalf
- The right to remain silent without assumption of guilt
- The right to be represented by legal counsel or an advisor at the student's expense
- What will happen to me if I am found responsible? A decision will be made either through mediation or a formal hearing whether the accused student is responsible or not responsible for the charges presented. If a student is found responsible, a specific sanction will also be outlined. The range of sanctions that are possible in the student conduct process are outlined in the York College Code of Conduct and/or Henderson Rules, outlined in Article XV of the CUNY Board of Trustees Bylaws. These include:
- Admonition: An oral statement to the offender that he or she has violated university rules.
- Warning: Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may be cause for more severe disciplinary action.
- Censure: A written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any university regulation within a period stated in the letter of reprimand.
- Disciplinary Probation: Exclusion from participation in privileges or extracurricular university activities as set forth in the notice of disciplinary probation for a specified period of time.
- Restitution: The reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
- Suspension: Exclusion from classes and other privileges or activities as set forth in the note of suspension for a definite period of time.
- Expulsion: The termination of student status for an indefinite period. The conditions of readmission, if any are permitted, shall be stated in the order of expulsion. Complaint to Civil Authorities.
- Complaint to Civil Authorities.
- Ejection: A true copy of resolution adopted by the Board of Trustees of the City University of New York on June 23, 1969, as amended on October 27, 1980, May 22, 1989, and June 25, 1990.
In addition, an educational sanction may be imposed on the student providing an opportunity to reflect on the incident and the student conduct process.
- Will this go on my “record”? Students who are found responsible for violating a policy or policies are provided with documentation of their charges and sanctions. Copies of these documents are maintained within Student Conduct and may be released to outside parties when requested. For example, some employers or graduate schools ask York to disclose whether a student has a disciplinary record at the college. However, these documents are protected under The Family Educational Rights and Privacy Act (FERPA) and are only released according to the guidelines set forth in that law. Some disciplinary sanctions are also recorded on a student’s academic transcript. The details of this will be specifically outlined to you in the documentation provided during the student conduct process.
- Are NYPD or other outside agencies involved in the process? In some cases, information provided by the NYPD or other outside law enforcement professionals may be used in the student conduct process. In addition, the nature of some cases may result in the college referring a matter as a formal complaint to civil authorities. From time to time, York officials may assist with an investigation of an external matter involving York students and provide such information within our legal obligation and guidelines.