According to University regulations, each person whose registration has been completed will be considered a student of the University during the term for which he or she is registered unless the student's connection with the University is officially severed by withdrawal or otherwise. No student registered in any school or college of the University shall at the same time be registered in any other school or college, either of Columbia University or of any other institution, without the specific authorization of the dean or director of the school or college of the University in which he or she is first registered (see MBA Dual Degree Programs).
The privileges of the University are not available to any student until he or she has completed registration. A student who is not officially registered for a University course may not attend the course unless granted auditing privileges. No student may register after the stated period unless he or she obtains the written consent of the appropriate dean or director.
The University reserves the right to withhold the privilege of registration or any other University privilege from any person with an unpaid debt to the University.
The School reserves the right to dismiss any student or to deny admission, registration, readmission or graduation to any student who, in the judgment of the School, is determined to be unsuited for the study or practice of business.
It is the policy of the University to respect its members' religious beliefs. In compliance with New York State law, each student who is absent from school because of his or her religious beliefs will be given an equivalent opportunity to register for classes or make up any examination, study or work requirements that he or she may have missed because of such absence on any particular day or days. No student will be penalized for absence due to religious beliefs, and alternative means will be sought for satisfying the academic requirements involved.
Officers of administration and of instruction responsible for scheduling of academic activities or essential services are expected to avoid conflict with religious holidays as much as possible. If a suitable arrangement cannot be worked out between the student and the instructor involved, they should consult the appropriate dean or director. If an additional appeal is needed, it may be taken to the Provost.
The continuance of each student upon the rolls of the University, the receipt of academic credits, graduation and the conferring of any degree or the granting of any certificate are strictly subject to the disciplinary powers of the University. For more information, please consult this Bulletin's Programs of Study and Tuition, Fees and Financial Aid sections, as well as the Student Information Guide distributed to all incoming Columbia Business School students at orientation or available from the Student Affairs Office.
The Rules of University Conduct (Chapter XLI of the Statutes of the University) provide special disciplinary rules applicable to demonstrations, rallies, picketing and the circulation of petitions. These rules are designed to protect the rights of free expression through peaceful demonstration while at the same time ensuring the proper functioning of the University and the protection of the rights of those who may be affected by such demonstrations.
The Rules of University Conduct are University-wide and supersede all other rules of any school or division. Minor violations of the Rules of Conduct are referred to the normal disciplinary procedures of each school or division ("Dean's Discipline"). A student who is charged with a serious violation of the Rules has the option of choosing Dean's Discipline or a more formal hearing procedure provided in the Rules.
All University faculty, students and staff are responsible for compliance with the Rules of University Conduct. Copies of the full text are available in FACETS, the University student handbook, and at the Office of the University Senate, 406 Low Memorial Library.
The Code of Professional and Ethical Conduct: One of Columbia Business
School's key objectives is to instill social and professional values that support
the highest human aspirations, including integrity, respect for the individual
and the environment, and the creation of value. In keeping with this objective,
the School's faculty members and students adopted a new Code of Professional
and Ethical Conduct in the year 2000, which now serves as an enhancement to
the preexisting Integrity Code. On the first day of class, faculty members should
review the new code as well as other specific classroom expectations with their
students.
The Code of Professional and Ethical Conduct is printed in the front of all
casebooks. If there is no casebook, or if it is not available at the beginning
of the course, the code should be included in the syllabus. The code reads as
follows:
As a Columbia Business School student, I pledge:To invest myself in the MBA learning experience of the School by adopting the mind-set of a learner; by actively participating in classroom discussions, preparing fully for each class and completing all assignments on time; and by prioritizing academics through effective management of conflicts between my academic responsibilities and my career objectives;
To behave with professionalism toward all constituents of the School community by treating professors with civility and respect; by making every effort to attend every class; by arriving on time and notifying the professor in advance of anticipated absences, late arrivals or early departures; by using technology in the classroom only as it is directly relevant to the material being discussed; by not distracting others; and by understanding that the classroom is the domain of the professor who may choose to establish specific expectations to enhance the in-class dynamic;
To fully abide by the Integrity Code, which states: "As a student of Columbia Business School, I pledge to undertake my academic work with honor and integrity. I will submit only original work, giving credit to others where appropriate. I will not give or receive unauthorized aid on exams or on any other work that is to be evaluated by the instructor. I will represent myself honestly. I agree to respect the rights and property of others as required of good citizens and to act in accordance with the rules and regulations of the University."
If a professor believes there has been a violation of the code, he or she should contact the dean or the assistant dean of student affairs.
Dean's Disciplinary Procedures: The following procedures are in effect for all student violations of University and School policies, including the Code of Professional and Ethical Conduct, with the exception of those pertaining to campus demonstrations, rallies and pickets which are subject to the Rules of University Conduct.
In order to ensure objectivity and consistency in treatment, suspected violations of University or School policy, including the code, should be referred to the vice dean or the assistant dean of student affairs who will investigate the complaint and if necessary initiate proceedings as described below. Any individual may submit allegations. The disciplinary process is one that is taken seriously at Columbia, and all violations shall be reviewed in an objective, courteous, consistent and confidential manner.
Investigation of All Allegations:In the event that a Columbia Business School student ("the student") is charged with a violation of University or School policy, including the code, the assistant dean of student affairs shall make a preliminary inquiry into the case and determine whether there is sufficient cause to bring a formal complaint. If there is sufficient cause, the student is notified in writing and provided with a copy of the disciplinary procedures.
Decision of the Assistant Dean of Student Affairs: After his/her investigation, the assistant dean of student affairs shall determine whether or not sufficient cause exists to believe that the facts alleged by the complainant have occurred and, if so, whether discipline may be warranted. If the assistant dean of student affairs determines that discipline is warranted, then the assistant dean at his/her discretion: (1) may impose the sanctions of warning, censure and/or loss of certain rights and privileges; or (2) may convene a hearing panel, notifying the student of this in writing.
Dean's Discipline Review: All complaints shall be reviewed by convening a dean's discipline hearing panel ("hearing panel"), comprised of two students, the assistant dean of student affairs, one other administrator and one faculty member. The student may appeal the findings of the assistant dean of student affairs or the hearing panel directly to the dean of the School.
In general, under University policy and federal law, information about pending disciplinary proceedings against a student is confidential and may not be disclosed to others. A limited exception to this principle is the outcome of a case involving alleged sexual assault or other crimes of violence. If the alleged victim requests that he or she be informed of the outcome, barring a compelling reason to the contrary, the usual practice shall be to disclose the outcome of the disciplinary proceeding.
Dean's Discipline Proceedings: If a dean's discipline hearing panel is convened, a representative of the hearing panel shall carefully document all proceedings. The purpose of the hearing is fact-finding and is nonadversarial. The student is informed of the charges against him/her and is asked to respond.
The student may offer information on his/her behalf, including testimony of witnesses, written information or other evidence. The student may not be accompanied by an attorney or advisor. Members of the hearing panel may speak with additional witnesses and investigate the complaint as they determine necessary. The student need not, although he/she may, be present to hear the witnesses; there is no formal cross-examination or objecting to evidence. The assistant dean of student affairs is available to the student to answer questions and provide information about the hearing process.
After careful consideration of the facts, the hearing panel reaches a determination as to whether a violation has occurred and whether there is any resulting discipline required. The hearing panel's decision is determined by a majority vote based upon the evidence.
If the charge is upheld, sanctions may include warning, censure, loss of certain rights and privileges, reduced or failing grade, probation, suspension or expulsion.
The hearing panel notifies the student of its findings. At the same time, a copy of the findings and a written report of the proceedings, including relevant documents and evidence, if any, are forwarded to the dean.
Right of Appeal: Students who have been found to have committed a violation of University and School policy, including the Code of Professional and Ethical Conduct, by the assistant dean of student affairs or the hearing panel, may appeal the decision and sanction to the dean of the School. Appeals must be filed in writing within five working days of the student's receipt of the decision of the hearing panel and must clearly state the grounds for the appeal.
Normally, on such appeal, the dean relies solely upon the written record and does not conduct a new factual investigation. Moreover, the dean focuses upon whether or not, in the dean's view, the decision made and the discipline imposed are reasonable under all of the circumstances of the case. The dean shall notify the student of his/her decision in writing. There is no further appeal within the University.
Determination of Systemic Deficiencies and Corrective Actions: The hearing panel shall determine any systemic deficiencies or other contributing factors that are of educational value to the School. Student members of the hearing panel and the committee on ethical and professional conduct shall be responsible for investigating systemic deficiencies, suggesting corrective actions, retraining and leading corrective action implementation. Other members of the student body, faculty or administration may be called upon to assist the committee in such activities.
Records: The assistant dean of student affairs shall retain the report for access by future hearing panels in order to ensure consistency and to act as a guideline for them. A representative of the administration shall retain all records documenting both confirmed and unconfirmed violations in a secure file. All records shall be kept secure and confidential, and names shall be kept confidential, regardless of the finding. The assistant dean of student affairs may release general information about cases and proceedings for informational purposes. Specific details shall be eliminated or disguised to the extent possible to protect the identity of those involved.
Students' official records shall not be annotated unless specifically determined by the hearing panel and/or the dean as part of the sanction process. If no specific determination is made, no notation shall be included in the student's official University record. The hearing panel or the dean may establish a time limit for the annotation. Upon expiration of the annotation, it shall be deleted.
The School expects that, in and out of the classroom, on and off campus, students will act in an honest and considerate manner at all times and respect the rights of others. While every subtlety of proper behavior cannot be detailed here, harassment of others because of race, sex, religion or sexual orientation is unacceptable and will not be tolerated. Students are required to meet these standards so that the School community can be confident that all will benefit fully from the diversity to be found here.
The following statement was adopted by the University Senate on April 27, 1990:
As a great center of learning, Columbia University prides itself on being a community committed to free and open discourse and to tolerance of differing views. We take pride, too, in preparing the leaders of our society and exemplifying the values we hope they will uphold. These commitments are subverted by intolerance, bigotry and harassment. Even in recent history, we must recognize race, ethnicity, religion, gender, sexual orientation, disability and other irrelevancies have all occasioned attacks by the ignorant, the foolish, the sick, the evil. Instead of enjoying our differences and the richness they bring to our shared lives, some have chosen to make those differences the targets of anger and hate. As a community, we are committed to the principle that individuals are to be treated as human beings rather than dehumanized by treatment as members of a category that represents only one aspect of their identity.This University resolutely condemns conduct that makes such targets of our differences. The free exchange of ideas central to the University can take place only in an environment that is based on equal opportunity for admission to academic and other programs and to employment, and on freedom from behavior that stigmatizes or victimizes others. All decisions concerning an individual's admission to or participation in any University program must be based on that individual's qualifications, free of stigmatizing consideration of race, color, national or ethnic origin, religion, disability, gender, sexual orientation, marital status, age, citizenship or Vietnam era or disabled veteran status. Nor will Columbia tolerate any behavior that harasses members of the community on the basis of any of these qualities. Such behavior will be regarded as a violation of the standards of conduct required of any person associated with the University and will subject the person guilty of it to the full range of internal institutional discipline, including permanent separation. While mediation and consensual resolution are of course to be encouraged, we also recognize the right of all persons who believe themselves to have been the targets of such behavior to institute a formal grievance. Coercion to require them to overlook or retract their complaints fosters discrimination and harassment and is equally intolerable in our community.
It is not enough to be prepared to respond when ugliness appears. Members of a community such as ours must work preventively as well, to ensure that all our dealings with each other are marked by decency and characterized by civility. Columbia is committed to do what it can to engender mutual respect, understanding and empathy. The University acknowledges a special responsibility to develop sensitivity to the concerns of those who are most vulnerable to discrimination and harassment.
The University is publishing the following statements in accordance with certain federal, state and local statutes and administrative regulations:
Consistent with the requirements of Title IX of the Education Amendments of 1972, as amended, and regulations thereunder, the University does not discriminate on the basis of sex in the conduct or operation of its education programs or activities (including employment therein and admission thereto). Inquiries concerning the application of Title IX may be referred to Zenobia White-Farrell, Associate Director of the University's Office of Equal Opportunity and Affirmative Action (402 Low Memorial Library, Mail Code 4333, 535 West 116th Street, New York, NY, 10027, telephone 212-854-5511), or to the Director, Office for Civil Rights (Region II), 26 Federal Plaza, New York, NY, 10278.Columbia University admits students of any race, color, national and ethnic origin, and age to all the rights, privileges, programs, and activities generally accorded or made available to students at the University. It does not discriminate against any person on the basis of race, color, national and ethnic origin, or age in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other University-administered programs.
Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination against any person on the basis of race, color or national origin in programs or activities receiving federal financial assistance. Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination against any person because of race, color, religion, sex or national origin. Executive Order 11246, as amended, prohibits discrimination in employment because of race, color, religion, sex or national origin and requires affirmative action to ensure equality of opportunity in all aspects of employment. In addition, the New York Human Rights Law, Article 15, Executive Law Section 296 prohibits discrimination against any person in employment because of age, race, creed, color, national origin, disability, sex, marital status, and genetic predisposition or carrier status.
Consistent with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, and regulations thereunder, the University does not discriminate against any person on the basis of disability in admission or access to, or employment or treatment in, its programs and activities. Section 503 of the Rehabilitation Act of 1973, as amended, requires affirmative action to employ and advance in employment qualified workers with disabilities. The Americans with Disabilities Act of 1990 also prohibits discrimination in public accommodation and in employment against qualified persons with disabilities. It requires the University to provide qualified applicants and employees with reasonable accommodations that do not impose undue hardship or pose a direct threat of harm to themselves or others.
The Equal Pay Act of 1963 prohibits discrimination on the basis of sex in rates of pay. The Age Discrimination in Employment Act of 1967, as amended, prohibits discrimination in employment on the basis of age. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.
Section 313 of the New York Education Law, as amended, prohibits educational institutions from discriminating against persons seeking admission as students to any institution, program or course because of race, religion, creed, sex, color, marital status, age or national origin. The New York City Human Rights Law, Title 8, Section 8-107, makes it an unlawful discriminatory practice for an employer to discriminate against any person because of their age, race, creed, color, national origin, gender, disability, marital status, sexual orientation, or alienage or citizenship status. It also prohibits educational institutions from discriminating against persons in any of the above categories in the provision of certain accommodations, advantages, facilities or privileges.
On December 1, 1978, the Columbia University Senate passed a resolution announcing its general educational policy on discrimination, which reaffirms the University's commitment to nondiscriminatory policies and practices. The Senate reaffirmed this policy on April 27, 1990, by expanding the categories protected from discrimination and adding protection against harassment as well. Currently, the policies protect against discrimination and harassment on the basis of race, color, gender, religion, national and ethnic origin, age, disability, marital status, sexual orientation and status as a Vietnam era or disabled veteran.
The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (38 U.S.C. 4212), prohibits job discrimination and requires affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era.
All employees, students and applicants are protected from coercion, intimidation, interference or retaliation for filing a complaint or assisting in an investigation under any of the foregoing policies and laws.
The University's Office of Equal Opportunity and Affirmative Action has been designated to coordinate compliance activities under each of the programs referred to above. Any employee who believes that he or she has been denied equal opportunity should contact this office, which may informally investigate complaints and offer advice and counsel on questions relating to equal opportunity and affirmative action, including information about applicable formal grievance procedures and agencies where complaints may be filed.
The University's Discrimination Grievance Procedure is available to enrolled students who feel that they have been the victims of sexual harassment or discrimination on the basis of race, color, religion, national or ethnic origin, sex, sexual orientation, marital status, age, disability, citizenship or Vietnam era or qualified special disabled veteran status. A copy of the Procedure is available in FACETS, the University student handbook, and in the Office of Equal Opportunity and Affirmative Action, 402 Low Memorial Library or 101 Bard Hall; telephone: (212) 854-5511.
A complaint under this Procedure is initiated through a written complaint filed with the Equal Opportunity and Affirmative Action Office. Staff in that office will assist with filing the complaint and are also available for confidential counseling and informal investigation of discrimination claims.
The Ombuds Office is a neutral and confidential resource for informal conflict resolution, serving the entire Columbia University community--students, faculty and employees.
For further information, contact Marsha Wagner, Ombuds Officer, 660 Schermerhorn Extension; telephone: 854-1234; fax: 854-6046; e-mail: [email protected]. On Wednesdays the Ombuds Officer is at the Health Sciences campus office, 101 Bard Hall, 50 Haven Avenue; telephone: 304-7026.
The University abides by the provisions of the Federal Family Educational Rights and Privacy Act of 1974. This act insures a wide range of rights, including but not limited to: information about student records that the University maintains, who maintains them, who has access to them and for what purposes access is granted. The act also permits the University to release "directory information" without a student's consent. In addition, the act guarantees students access to their records and restricts the access of others.
Students who wish to restrict access to their directory information may do so at the Registrar's Office, 205 Kent. This same office can provide a set of guidelines and a policy statement. The guidelines are also available on ColumbiaWeb and in the current edition of FACETS. Questions about the interpretation of the guidelines should be referred to the University's General Counsel, 412 Low Library.
The amended Family Educational Rights and Privacy Act (FERPA) of 1974 prohibits release of educational records without the written consent of the student (for certain exceptions and further restrictions, consult FACETS, the University student handbook, http://www.columbia.edu/cu/facets/). You may obtain an official transcript of your academic record at Columbia University by writing to: Office of the Registrar, Columbia University, Mail Code 9202, 1140 Amsterdam Avenue, New York, NY, 10027, Attention: Transcripts.
Please include the following information with your request: current and former names; Social Security number; schools attended and dates of attendance; degrees awarded and dates awarded; number of transcripts desired and complete address for each; your current address and telephone number; and your signature authorizing the release of your transcript. You may also order transcripts in person at 205 Kent Hall on the Morningside campus (9 a.m.-5 p.m., Monday-Friday). Currently enrolled students may order transcripts for themselves and for colleges and universities via the Student Services page on the World Wide Web. There is no charge for issuing transcripts; however, all students pay a one-time transcript fee of $45 upon their first registration at the University. The normal processing time for transcripts is two to three business days. If you mail in your request for a transcript, you should allow several additional days for delivery to and from the University.
You may order certifications of your enrollment and degrees via mail or in person, as described above. When requesting a certification by mail, include the notation "Attention: Certifications" on your envelope. Certifications are provided while you wait if you come to Kent Hall to request them. There is no charge for certifications.
Columbia is committed to serving the needs of students with disabilities. Services to students with permanent or temporary disabilities are coordinated by the University Office of Disability Services. Disability Services works in conjunction with the Columbia Business School to support its academic program and standards and to meet students' disability needs.
The University Office of Disability Services provides a variety of services, programs and resources to allow students with disabilities full participation in the academic and campus experience. Students are expected to identify their disability and to provide current and appropriate medical or diagnostic documentation before any accommodations can be considered. In cases involving students with learning disabilities, appropriate documentation must provide a current assessment of the student's adult level of learning skills and style and must include a report summary and complete test battery scores. To allow sufficient time for review of needs and implementation of accommodations, students with disabilities are encouraged to contact Disability Services upon acceptance to discuss their specific disability needs and to plan any academic accommodations that may be necessary.
For information, contact Dr. Lynne Bejoian, Director, Columbia University Office of Disability Services, 802 Lerner, Mail Code 2605, 2920 Broadway, New York, NY, 10027; (212) 854-2388 (voice); (212) 854-2378 (TDD); fax: (212) 854-3448; e-mail: [email protected].
Federal law, including Title VII of the Civil Rights Act of 1964, provides that it shall be unlawful discriminatory practice for any employer, because of the sex of any person, to discharge without just cause, to refuse to hire or otherwise to discriminate against that person with respect to any matter directly or indirectly related to employment. Harassment of any employee on the basis of sex violates this federal law.
To help clarify what is unlawful sexual harassment the Federal Equal Employment Opportunity Commission (EEOC) has issued Guidelines on the subject. While the EEOC Title VII Guidelines apply only to faculty and other employees, Title IX, administered by the U.S. Education Department's Office for Civil Rights (OCR), also protects students from sexual harassment. Accordingly, the University prohibits sexual harassment of any member of the Columbia community, whether such harassment is aimed at students, faculty or other employees, and violators will be subject to disciplinary action. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature will constitute sexual harassment when:
Any person who believes that he or she is being sexually harassed may choose to seek a resolution of the problem through discussion with the person directly concerned. If this does not resolve the matter, or if there is a reluctance to deal directly with the person involved, the problem should then be brought to the attention of a member of the University Panel on Sexual Harassment. Advice may also be sought from the Office of Equal Opportunity and Affirmative Action, 402 Low Memorial Library or 101 Bard Hall, (212) 854-5511, or the Ombuds Office, 660 Schermerhorn Extension or 101 Bard Hall, (212) 854-1234. If these steps do not resolve the problem, the applicable University grievance procedure should be used. The University Discrimination Grievance Procedure is available if no other University grievance procedure is specifically applicable. No one at the University may retaliate in any way against a person who makes a claim of sexual harassment.
Charge of the University Panel on Sexual Harassment: The Columbia Panel on Sexual Harassment is composed of trusted, accessible and sympathetic members of the University community who act as informal mediators. Their goal is the protection and counsel of any member of the University who is made to feel personally pressured or uncomfortable because of the behavior of another University member. Members of the Panel provide a safe, impartial, nonadversarial setting in which the problem can be considered or solved through confidential counseling and, when requested, mediation between the complainant and the alleged harasser. The Panel thus provides guidance and protection for the accused as well, identifying false or mistaken accusations, misunderstandings or unconscious behavior. Panel members are also a link through which the University can take account of, and take appropriate action against, those on campus who are behaving illegally. The Panel on Sexual Harassment is a timely, protective and compassionate arm of the University, one that not only sensitizes and educates the University community but also demonstrates the University's commitment to fair treatment of all its members.
Panel Membership List: Names and contact information for members of the Columbia Panel on Sexual Harassment can be found in Appendix E of FACETS, the University student handbook. The Business School's representative is Professor Jacob Thomas, 620 Uris Hall, 854-3492, [email protected].
On February 25, 2000, the University Senate adopted a Sexual Misconduct Policy and Disciplinary Procedure that can be used as an alternative to Dean's Discipline. The Sexual Misconduct Policy applies to all students in all schools of the University. The Disciplinary Procedure for Sexual Misconduct applies to these same students, with the exception of the Law School, but including the students of Teachers College and Barnard College. The policy prohibits sexual misconduct by any student. A comprehensive program to educate students, faculty and administrators about the issue of sexual misconduct has also been developed. Copies of the policy and procedure are available from the Office of the Dean of Students of every school. Students can also find further information in FACETS, the University student handbook.
Policy: The University's Policy on Sexual Misconduct requires that standards of sexual conduct be observed on campus, that violations of these standards be subject to discipline and that resources and structures be sufficient to meet the physical and emotional needs of individuals who have experienced sexual misconduct. Columbia University's policy defines sexual misconduct as nonconsensual, intentional physical contact with a person's genitals, buttocks and/or breasts. Lack of consent may be inferred from the use of force, coercion, physical intimidation or advantage gained by the victim's mental and/or physical impairment or incapacity, of which the perpetrator was, or should have been, aware.
Disciplinary Procedure for Sexual Misconduct: A student charged with a violation of the University Policy on Sexual Misconduct is entitled to notice of the specific charges, an opportunity to be heard and an opportunity to appeal a disciplinary decision to the Dean of his or her School.
Ordinarily, a disciplinary proceeding begins with a written communication from the Coordinator, Sexual Misconduct Education and Prevention,* requiring the student to attend a disciplinary hearing to respond to a specified charge. Charges shall be timely if brought while the accused student is still enrolled in the same school as at the time of the alleged violation, but in no case longer than five years after the occurrence. In rare cases, the proceeding may begin with an oral communication requiring the presence of the student at a hearing. The hearing is held before two deans and one student, from a pool of specially trained individuals not affiliated with the school attended by either party unless otherwise mutually agreed. The student member may be excluded by agreement of the complainant and the accused, and either student may object to the membership of any specific panelist on the basis of acquaintance or other conflict. Either party may be accompanied by a nonparticipating member of the University community as support. The hearing must commence within ten days of the Coordinator's receipt of the complaint, unless the University is not in session.
The hearing is not an adversarial courtroom-type proceeding; the student does not necessarily have the right to be present to hear other witnesses and does not have the right to cross-examine witnesses or prevent the consideration of relevant evidence. In addition, although students are always free to consult with an attorney, they are not permitted to have an attorney present during a disciplinary hearing or at any appeal. Confidentiality about identifying information regarding the participants in the hearing must be maintained by all individuals involved.
The complainant bringing the complaint must inform the hearing panel of the facts of the situation and answer any questions from the panel. The accused student is informed of the evidence that led to the charges against him or her and asked to respond. The student may offer his or her own evidence. This includes the student's own appearance at the hearing and may include the appearance by others on his or her behalf and any written submission or relevant documents the student may wish to submit. Each party will be informed of statements made and evidence presented by the other party, and by witnesses, and will have a full opportunity to respond.
After the panel has heard testimony from both students and any others, and has considered all of the evidence, it reaches a determination and notifies both parties in writing of that decision. Both deans on the panel must agree on the determination. The panel will also submit a written report, summarizing the evidence and its findings to the Dean of Students of the accused student's school, and recommending a penalty. If the student member of the panel disagrees with the determination, he or she may write a dissenting opinion, which will be submitted to the Dean of Students together with the written report. If the accused student is found to have committed a disciplinary infraction, the penalty can include probation, suspension or dismissal, and may include a prescribed educational program. Both students will be informed in writing of the Dean's decision and the penalty imposed.
The student has the right to appeal a decision that results from a disciplinary hearing to the Dean of his or her School. The appeal must be made in writing within thirty days of the time he or she is notified of the decision, and it must clearly state the grounds for appeal. Normally, on such an appeal, the Dean of the School relies solely upon the written record and does not conduct a new factual investigation. However, the Dean is free to discuss the matter with the panelists if questions about process or proof are raised by the appeal. The Dean focuses upon whether, in the Dean's view, the decision made and the discipline imposed are reasonable under all of the circumstances of the case. There is no further right to appeal within the University.
Breaches of the confidentiality of the proceedings, or retaliation against any person bringing a complaint, will constitute separate violations of the Sexual Misconduct Policy.
*Proposed title of position created in Resolution III.
Faculty and staff members are cautioned that consensual romantic relationships with student members of the University community, while not expressly prohibited, can prove problematic. A faculty or staff member involved in such a relationship with a student is expected to remove him/herself from academic or professional decisions concerning the student. The Provost has, however, authorized some departments to adopt more restrictive policies. Individuals with questions about the position of their department are encouraged to raise them with their department head.
Should a romantic relationship with a student lead to a charge of sexual harassment against a faculty or staff member, the University will pursue it in accordance with its Sexual Harassment Policy and applicable grievance procedure. Questions about this Advisory Statement may be directed to Associate Director Zenobia White-Farrell, Office of Equal Opportunity and Affirmative Action, 402 Low Memorial Library or 101 Bard Hall, (212) 854-5511. For the complete statement, please see Appendix E of FACETS, the University student handbook.