Student Code Of Conduct
A. University Policy on Student Conduct
Preamble. The Bylaws of New York University, entrusting the “educational conduct” of each school to the faculty and officers of that school, provide that “subject to the approval of the Board and general University policy, it is the duty of each faculty member…to make and enforce rules for the guidance and conduct of the students.” These Bylaws also authorize the University Senate to act upon such matters which affect more than one school, and in these instances, the Senate speaks for the joint faculties of the University. The University operates under a University common law, developed with respect to both substance and procedure over more than a century of existence, as well as under the University’s Charter and Bylaws. In the past, questions of student conduct referred to disciplinary committees have generally concerned problems of academic honesty, such as cheating or plagiarism, and were properly dealt with by the single school involved. More recently, instances of questionable student conduct have involved problems such as the maintenance of order in University buildings and grounds in connection with protest demonstrations, and have frequently involved students from morethan one school. In light of this development, the Senate believes that a statement of University-wide policies on student conduct, reflecting the University common law is necessary.
1. Statement of Principles.
It is our judgment that the University, like other communities and organizations in our society, has an inherent right to require the cooperation of its members in the performance of its educational functions, and to control and regulate the conduct andbehavior of such members which tend to impede, obstruct, or threaten the maintenance of orderand achievement of the University’s educational goals. We further believe that the relationshipbetween the University and its students is a special educational relationship involving rights,and obligations, as well as considerations and procedures, which are distinct from those in thecourtroom, the political arena, or the marketplace, and that from the very nature of theUniversity as an educational community both the substantive rules and the procedural processesrelated to student conduct must be equitable and just.
2. Basic Rules of Conduct.
Students are expected to conduct themselves as mature and law-abiding members of both the University community and the general community, and to comply with requests of the administrative authorities of the University for maintenance of order on University premises. Behavior which jeopardizes the health or safety of the University community, or disrupts the educational activities and supporting services of the University, is subject to review and possible penalty in accordance with the procedures and practices of the University and its colleges, schools, or divisions. Where activities sponsored by student organizations constitute violations of University rules or of public laws and regulations, sanctions may be imposed on such organizations as well as on individual students. The University should not use its powers to interfere with the rights of a student outside the University campus. In general, a student’s off-campus activities should be subject only to sanctions of the public authorities. Where a student is convicted of a violation of law, he should not be subject to University discipline for the same offense unless his conduct seriously affects either his position as a member of the academic community, or the University’s standing within the host country. Where a student’s conduct on campus constitutes violations of both University rules and public law, he may be subject to both University discipline and public sanctions.
3. Academic Freedom.
The University is a community where the means of seeking to establish truths are open discussion and free discourse. It thrives on debate and dissent. Free inquiry, free expression, and free association are indispensable to the purposes of the University, and must be protected as a matter of academic freedom within the University, quite apart from the question of constitutional rights. Accordingly, conditions must be such as to allow this freedom for all. Causes may be supported by orderly means; but the University cannot tolerate suppression of ideas, nor the forceful disruption of the regular and essential operations of the University community. Regardless of sincerity, no individual or group of individuals has the right to disrupt or to interfere unreasonably with the workings of the colleges, schools, or divisions of the University or with the regular processes of education and service to its members. Regardless of moral impetus, no student or group of students has the right to deny the freedom of other members of the University community.
4. Invitations, Demonstrations, Protests.
Students are entitled to invite and hear persons of their own choosing. Since no outside person or agency has an independent right to use University facilities, each must be directly or indirectly invited through appropriate University channels, and each is entitled to the courtesy owed by the University to an invited visitor. It is improper for students to harass the visitor or impede the purposes of his visit by violent means or threats, or by any other method that is offensive or unacceptable to an educational community. Forums are to be encouraged, particularly on subjects where there are differences of opinion. Career counseling and job interviewing are also considered a legitimate part of the activities of the University in support of its educational program. Where counseling or recruitment is connected with a controversial issue, every effort should be made to allow a general discussion of the issue, but apart from the job interviewing. Such discussion of the issue should not be considered a necessary condition precedent to counseling or interviewing. It is improper, as inconsistent with the purpose of the University, to subject speakers, recruiters, job interviewers, or other official visitors to political, social, or moral sanctions or tests. It is expected that all such activities, whether forums, lectures, recruitment programs, job interviews and the like, will be conducted in a manner appropriate to an academic community. Freedom of discussion does not include the license to disrupt a meeting or interview. Demonstrations, including those which are described as peaceful, cannot be allowed to interfere with the rights of others to have normal access to the persons against whom the demonstration is addressed; nor can demonstrations be used to harass or intimidate other individuals or groups.
5. Use of University Facilities.
The University administration necessarily has the right to control the access to and use of institutional facilities. If in the judgment of a University official, or an administrative officer of a college, school, or division, or a member of the faculty who has responsibility for a particular activity, a student or group of students or other persons are interfering with the rights of other individuals or groups, as above, said official has the right to ask the student or group of students to leave the room, hall, or building. Refusal of a student or group to do so after warning shall be considered a sufficient basis for the institution of disciplinary proceedings, subject to the defense in such proceeding that the order to leave was unreasonable.
6. Disciplinary Proceedings.
The University Bylaws provide that the power of suspending or dismissing a student in any school is lodged with the faculty of that school, but the President or the Director of Administration may suspend a student pending consideration of his case by the faculty. Each faculty has the duty of enforcing not only its own rules of conduct but also, in appropriate cases, the University rules of conduct established by the Senate under the authority granted to it by the University Bylaws.
It is our judgment that the University, like other communities and organizations in our society, has an inherent right to require the cooperation of its members in the performance of its educational functions, and to control and regulate the conduct andbehavior of such members which tend to impede, obstruct, or threaten the maintenance of orderand achievement of the University’s educational goals. We further believe that the relationshipbetween the University and its students is a special educational relationship involving rights,and obligations, as well as considerations and procedures, which are distinct from those in thecourtroom, the political arena, or the marketplace, and that from the very nature of theUniversity as an educational community both the substantive rules and the procedural processesrelated to student conduct must be equitable and just.
2. Basic Rules of Conduct.
Students are expected to conduct themselves as mature and law-abiding members of both the University community and the general community, and to comply with requests of the administrative authorities of the University for maintenance of order on University premises. Behavior which jeopardizes the health or safety of the University community, or disrupts the educational activities and supporting services of the University, is subject to review and possible penalty in accordance with the procedures and practices of the University and its colleges, schools, or divisions. Where activities sponsored by student organizations constitute violations of University rules or of public laws and regulations, sanctions may be imposed on such organizations as well as on individual students. The University should not use its powers to interfere with the rights of a student outside the University campus. In general, a student’s off-campus activities should be subject only to sanctions of the public authorities. Where a student is convicted of a violation of law, he should not be subject to University discipline for the same offense unless his conduct seriously affects either his position as a member of the academic community, or the University’s standing within the host country. Where a student’s conduct on campus constitutes violations of both University rules and public law, he may be subject to both University discipline and public sanctions.
3. Academic Freedom.
The University is a community where the means of seeking to establish truths are open discussion and free discourse. It thrives on debate and dissent. Free inquiry, free expression, and free association are indispensable to the purposes of the University, and must be protected as a matter of academic freedom within the University, quite apart from the question of constitutional rights. Accordingly, conditions must be such as to allow this freedom for all. Causes may be supported by orderly means; but the University cannot tolerate suppression of ideas, nor the forceful disruption of the regular and essential operations of the University community. Regardless of sincerity, no individual or group of individuals has the right to disrupt or to interfere unreasonably with the workings of the colleges, schools, or divisions of the University or with the regular processes of education and service to its members. Regardless of moral impetus, no student or group of students has the right to deny the freedom of other members of the University community.
4. Invitations, Demonstrations, Protests.
Students are entitled to invite and hear persons of their own choosing. Since no outside person or agency has an independent right to use University facilities, each must be directly or indirectly invited through appropriate University channels, and each is entitled to the courtesy owed by the University to an invited visitor. It is improper for students to harass the visitor or impede the purposes of his visit by violent means or threats, or by any other method that is offensive or unacceptable to an educational community. Forums are to be encouraged, particularly on subjects where there are differences of opinion. Career counseling and job interviewing are also considered a legitimate part of the activities of the University in support of its educational program. Where counseling or recruitment is connected with a controversial issue, every effort should be made to allow a general discussion of the issue, but apart from the job interviewing. Such discussion of the issue should not be considered a necessary condition precedent to counseling or interviewing. It is improper, as inconsistent with the purpose of the University, to subject speakers, recruiters, job interviewers, or other official visitors to political, social, or moral sanctions or tests. It is expected that all such activities, whether forums, lectures, recruitment programs, job interviews and the like, will be conducted in a manner appropriate to an academic community. Freedom of discussion does not include the license to disrupt a meeting or interview. Demonstrations, including those which are described as peaceful, cannot be allowed to interfere with the rights of others to have normal access to the persons against whom the demonstration is addressed; nor can demonstrations be used to harass or intimidate other individuals or groups.
5. Use of University Facilities.
The University administration necessarily has the right to control the access to and use of institutional facilities. If in the judgment of a University official, or an administrative officer of a college, school, or division, or a member of the faculty who has responsibility for a particular activity, a student or group of students or other persons are interfering with the rights of other individuals or groups, as above, said official has the right to ask the student or group of students to leave the room, hall, or building. Refusal of a student or group to do so after warning shall be considered a sufficient basis for the institution of disciplinary proceedings, subject to the defense in such proceeding that the order to leave was unreasonable.
6. Disciplinary Proceedings.
The University Bylaws provide that the power of suspending or dismissing a student in any school is lodged with the faculty of that school, but the President or the Director of Administration may suspend a student pending consideration of his case by the faculty. Each faculty has the duty of enforcing not only its own rules of conduct but also, in appropriate cases, the University rules of conduct established by the Senate under the authority granted to it by the University Bylaws.
B. Plagiarism.
Plagiarism is a breach of academic honesty and integrity; it is considered among the most serious of offenses. When an instructor suspects plagiarism, s/he has several options. In most cases, the instructor will require the student to totally redo the assignment. The instructor may also consult the head of the department regarding disciplinary action and assign a grade of F for the work or, if the work is the main basis of the grade for the course, a grade of F for the course. All cases of plagiarism will be reported to the Tisch Asia Office of Student Services. Repeat cases of plagiarism may result in dismissal from school. Plagiarism is presenting someone else’s work as though it were your own. More specifically, plagiarism is to present as your own:
• A sequence of words quoted without quotation marks from another writer
• A paraphrased passage from another writer’s work
• Facts, ideas or images composed by someone else
• A paraphrased passage from another writer’s work
• Facts, ideas or images composed by someone else
Students are expected, often required, to build their own work on that of other people, just as professional researchers and writers do. Giving credit to someone whose work has helped one is courteous and honest. Plagiarism, on the other hand, is a form of fraud. Proper acknowledgment and correct citation constitute the difference.
To publish plagiarized work might be against the law. People in the professions and in business who pass off other people’s work as their own are liable to be discredited and ostracized. University students guilty of plagiarism are subject to disciplinary action ranging from failure in the course for which plagiarized work was submitted to expulsion from the University. It is crucial that acknowledgment of sources be accurate and complete. To avoid unintentional plagiarism:
• See a writing handbook or other standard guide for accepted forms of documentation.
• When you take notes, summarize, rather than paraphrase. If you quote anything, use quotation marks in your notes and take down the page number of the quotation to use in your footnote. All electronic sources of information must be properly cited.
• Use more than one source for information, if at all possible. Point out agreements and disagreements between sources on important points.
• Work out your own organization of material gleaned from research.
• When in doubt whether your acknowledgment is proper and adequate, consult your instructor. If possible, show the instructor both the sources and a draft of the paper in which you are using them.
• Plagiarism is a breach of academic honesty and integrity; it is considered among the most serious of offenses. When an instructor suspects plagiarism, s/he has several options. In most cases, the instructor will require the student to totally redo the assignment. The instructor may also consult the head of the department regarding disciplinary action and assign a grade of F for the work or, if the work is the main basis of the grade for the course, a grade of F for the course. All cases of plagiarism will be reported to the Tisch Asia Office of Student Services. Repeat cases of plagiarism may result in dismissal from school.
• When you take notes, summarize, rather than paraphrase. If you quote anything, use quotation marks in your notes and take down the page number of the quotation to use in your footnote. All electronic sources of information must be properly cited.
• Use more than one source for information, if at all possible. Point out agreements and disagreements between sources on important points.
• Work out your own organization of material gleaned from research.
• When in doubt whether your acknowledgment is proper and adequate, consult your instructor. If possible, show the instructor both the sources and a draft of the paper in which you are using them.
• Plagiarism is a breach of academic honesty and integrity; it is considered among the most serious of offenses. When an instructor suspects plagiarism, s/he has several options. In most cases, the instructor will require the student to totally redo the assignment. The instructor may also consult the head of the department regarding disciplinary action and assign a grade of F for the work or, if the work is the main basis of the grade for the course, a grade of F for the course. All cases of plagiarism will be reported to the Tisch Asia Office of Student Services. Repeat cases of plagiarism may result in dismissal from school.
DISCPLINARY PROCEDURES
Disciplinary matters involving students enrolled at Tisch Asia will be addressed by the following policies and procedures.A. Circumstances Giving Rise to Disciplinary Proceedings
Any student who is alleged to have committed any of the following conduct and any student who is responsible for causing any other student to commit any of the following conduct may be liable to disciplinary proceedings:
Any student who is alleged to have committed any of the following conduct and any student who is responsible for causing any other student to commit any of the following conduct may be liable to disciplinary proceedings:
1. contravention of the regulations, rules, codes of conduct, or procedures as may from time to time be prescribed by Tisch Asia, New York University or as contained in this Handbook;
2. an offence involving or resulting in criminal activity;
3. theft, fraud, misapplication in connection with University funds or property of any kind;
4. damage to or defacement of any property of Tisch Asia or any employee or student of the Program;
5. falsification or misuse of Tisch Asia/New York University documents or records, including (without prejudice to the generality of the foregoing) certificates in connection with degrees and other academic distinctions;
6. fraud, dishonesty, any act of bad faith, or impersonation of others, within or without the Program, in connection with the student's academic attainments or financial awards, the student's admission to Tisch Asia, or otherwise in connection with the University;
7. contravention of conditions stipulated or undertakings made by the student in connection with admission to Tisch Asia;
8. defamation of or assault, battery, or any physically threatening or intimidating behavior against any employee or student of Tisch Asia;
9. sexual, racial, or other kind of harassment of any employee or student of Tisch Asia as prohibited by the anti-harassment policy contained in the this Handbook, other polices, or law;
10. maliciously and without reasonable cause laying a complaint against any employee or student of Tisch Asia;
11. ragging, without prejudice to the generality of the term, "ragging" shall include conduct intended: (i) to humiliate another student or hold such other student up to ridicule; or (ii) to interfere with another student's peaceable enjoyment of his/her privileges, benefits, rights or facilities;
12. plagiarism, cheating, forging of academic documents, giving or receiving unauthorized assistance in academic work, or other forms of academic dishonesty;
13. disruption or improper interference with: (i) the academic activities or administration of the University; or (ii) the performance of duties by any employee of Tisch Asia;
14. refusal or failure to appear in person, answer questions fully, or produce any documents as may be required at or during the course of any disciplinary investigation or proceedings, or making a false testimony;
15. failure to comply with any disciplinary sanction or other requirement imposed on such student;
16. acting in a manner which is or may be detrimental to the reputation, dignity, interest, or welfare of Tisch Asia or that adversely reflects on fitness as a student; or
17. unlawful use, possession or distribution of drugs or other illegal substance.
2. an offence involving or resulting in criminal activity;
3. theft, fraud, misapplication in connection with University funds or property of any kind;
4. damage to or defacement of any property of Tisch Asia or any employee or student of the Program;
5. falsification or misuse of Tisch Asia/New York University documents or records, including (without prejudice to the generality of the foregoing) certificates in connection with degrees and other academic distinctions;
6. fraud, dishonesty, any act of bad faith, or impersonation of others, within or without the Program, in connection with the student's academic attainments or financial awards, the student's admission to Tisch Asia, or otherwise in connection with the University;
7. contravention of conditions stipulated or undertakings made by the student in connection with admission to Tisch Asia;
8. defamation of or assault, battery, or any physically threatening or intimidating behavior against any employee or student of Tisch Asia;
9. sexual, racial, or other kind of harassment of any employee or student of Tisch Asia as prohibited by the anti-harassment policy contained in the this Handbook, other polices, or law;
10. maliciously and without reasonable cause laying a complaint against any employee or student of Tisch Asia;
11. ragging, without prejudice to the generality of the term, "ragging" shall include conduct intended: (i) to humiliate another student or hold such other student up to ridicule; or (ii) to interfere with another student's peaceable enjoyment of his/her privileges, benefits, rights or facilities;
12. plagiarism, cheating, forging of academic documents, giving or receiving unauthorized assistance in academic work, or other forms of academic dishonesty;
13. disruption or improper interference with: (i) the academic activities or administration of the University; or (ii) the performance of duties by any employee of Tisch Asia;
14. refusal or failure to appear in person, answer questions fully, or produce any documents as may be required at or during the course of any disciplinary investigation or proceedings, or making a false testimony;
15. failure to comply with any disciplinary sanction or other requirement imposed on such student;
16. acting in a manner which is or may be detrimental to the reputation, dignity, interest, or welfare of Tisch Asia or that adversely reflects on fitness as a student; or
17. unlawful use, possession or distribution of drugs or other illegal substance.
B. Disciplinary Powers
Any of the following disciplinary powers may be exercised against a person in respect of any matter which may be the subject of disciplinary proceedings:
1. issuance of an order including, as appropriate, a requirement to comply with specified conditions and a statement of the sanctions to be applied if such conditions are not met;
2. issuance of a reprimand that shall form part of such person's official record;
3. imposition of a fine;
4. restitution;
5. censure;
6. withdrawal and/or suspension of any academic or other University privileges, benefits, rights or facilities (other than the right to follow courses of instruction or attend examinations);
7. withdrawal and/or suspension of the right to follow courses of instruction or attend examinations;
8. expulsion; and
9. deprivation of any degree, diploma, certificate or other academic distinction to be conferred or previously conferred.
2. issuance of a reprimand that shall form part of such person's official record;
3. imposition of a fine;
4. restitution;
5. censure;
6. withdrawal and/or suspension of any academic or other University privileges, benefits, rights or facilities (other than the right to follow courses of instruction or attend examinations);
7. withdrawal and/or suspension of the right to follow courses of instruction or attend examinations;
8. expulsion; and
9. deprivation of any degree, diploma, certificate or other academic distinction to be conferred or previously conferred.
Any of the disciplinary powers provided herein may be exercised notwithstanding that the person who is the subject of disciplinary proceedings (the "person concerned") has ceased to be a student at the time the disciplinary proceedings are instituted or at the time the disciplinary matters are adjudicated either in the first instance or on appeal; provided that the circumstances giving rise to the disciplinary proceedings arose while the person was a student of the University or in connection with the person's admission to Tisch Asia.
Any of the disciplinary powers provided for herein may be exercised without prejudice to the rights to exercise any of the other disciplinary powers or any other powers contained in other regulations, rules, codes of conduct or procedures as may from time to time be prescribed by the University.
C. Interim Suspension
Notwithstanding any other provisions herein, the Director of Administration may summarily suspend or withhold any privilege, benefit, right, or facility or take any other summary action as the Director may think fit against such student, if the Director has reason to believe that such action is necessary to: (i) protect the interests of the University, any employee or student; or (ii) ensure the proper functioning of the University.
D. Investigation and Notice of Hearing
Whenever a student discipline matter has not been resolved by consent, the Tisch Asia Investigator shall investigate the matter and send written notice to the student informing him or her of the date and time of the hearing. The Hearing committee shall be made up of the Director of Administration, the Associate Director of Student Services, the Associate Director of Production Services, and two faculty members. The Tisch Asia Associate Director of Student Services shall conduct the hearing as they deem appropriate including:
1. Tape recording the hearings.
2. Prepare and submit a final written report to the President of Tisch Asia, the Director of Administration of Tisch Asia, and the student within seven (7) calendar days of the end of the hearing. The report shall state findings of fact and the reasons for its decision.
3. The student may be accompanied by counsel or an adviser. The student or his counsel or adviser shall have the right to examine and cross-examine each witness by putting questions directly to the witness through members of the hearing body. The method shall be determined by the hearing body, and may be altered by it at any time.
E. Appeal
1. A student shall have the right to appeal the decision of the hearing panel in any case on the ground that the decision or the proceedings at the hearing were arbitrary or unfair.
2. The following appeal procedures shall apply.
2. The following appeal procedures shall apply.
a. In all appeal cases, the appeal shall lie to the Tisch Asia Appeal Committee. A four-member panel consisting of, two faculty members, the President of Tisch Asia, and an Executive Director of Tisch Asia, none of whom shall have served on the panel that conducted the hearing in the case, shall hear the appeal.
b. Any appeal must be taken within fifteen (15) calendar days from the date on which the final report of the hearing body was sent to the student. The appeal shall be taken by the filing of a written notice requesting an appeal with the Director of Administration of Tisch Asia in cases involving the imposition of the sanction of suspension or dismissal or with the President of Tisch Asia in other cases.
c. The hearing body that has imposed a sanction may stay the sanction pending an appeal. The appellate body shall have the power to stay the sanction imposed by the hearing body.
e. The appellate process shall not consist of a new hearing and shall be limited to a review of the report of and proceedings before the hearing body. The appellate body may accept the report without modification; accept the report but reduce the sanction imposed; dismiss one or more of the charges entirely; or remand the case for further proceedings. When the appellate body accepts the report, the matter shall be deemed finally decided further recourse as of right.
f. Upon the discovery of new previously unavailable evidence, which might have had a substantial bearing on the decision rendered, the hearing body may reconsider the case.
b. Any appeal must be taken within fifteen (15) calendar days from the date on which the final report of the hearing body was sent to the student. The appeal shall be taken by the filing of a written notice requesting an appeal with the Director of Administration of Tisch Asia in cases involving the imposition of the sanction of suspension or dismissal or with the President of Tisch Asia in other cases.
c. The hearing body that has imposed a sanction may stay the sanction pending an appeal. The appellate body shall have the power to stay the sanction imposed by the hearing body.
e. The appellate process shall not consist of a new hearing and shall be limited to a review of the report of and proceedings before the hearing body. The appellate body may accept the report without modification; accept the report but reduce the sanction imposed; dismiss one or more of the charges entirely; or remand the case for further proceedings. When the appellate body accepts the report, the matter shall be deemed finally decided further recourse as of right.
f. Upon the discovery of new previously unavailable evidence, which might have had a substantial bearing on the decision rendered, the hearing body may reconsider the case.
STUDENT GRIEVANCE PROCEDURES
These grievance procedures are available to any Tisch Asia student to resolve any grievance involving an alleged violation directly affecting that student, by any member of the University community while acting in an official capacity, of any of the written policies of the University or Tisch Asia. Grievances may include but are not limited to issues of conduct in classrooms, school facilities, or projects; or disputes that arise from supervisory relations or interpretation of school policy. Complaints of harassment are not handled under this procedure and should be referred to the Director of Administration of Tisch Asia for investigation.A. Informal Resolution
Students wishing to grieve an alleged violation of the University’s policies shall first contact, within fifteen (15) working days of any occurrence giving rise to the grievance or the time they could reasonably have learned of such occurrence, the person responsible for the matter being grieved (the respondent) and attempt to resolve the grievance informally. Students uncertain about how to proceed may consult the Director of Administration of Tisch Asia.
At the request of the grievant or respondent, the Director of Administration of Tisch Asia shall arrange for a meeting of the parties, attend such meeting(s), and attempt to aid in the resolution of the grievance.
B. Formal Complaint
C. Final Review by the President
Any part of the Tisch School of the Arts Asia Disciplinary Process which calls for redress for the grievant shall be subject to review and change by the President of Tisch Asia. The President shall act on the remedial recommendations, if any, of the Disciplinary Committee and the Director of Administration within fifteen (15) working days of receiving the decision. The President’s decision as to the appropriate remedy and whether the disciplinary process has accurately determined University policy shall be in writing and final, and copies shall be sent to the grievant, the respondent, and the Director of Administration of Tisch Asia.
D. Time Limits
The President of Tisch Asia may grant extensions of the time limits under this grievance procedure of up to ten (10) working days.
E. Record-keeping
The Office of the President of Tisch Asia shall retain a copy of the complaint, any amended complaint, any decision of the hearing committee, and any decision of the President for five full calendar years following the year in which the grievance is resolved.
Students wishing to grieve an alleged violation of the University’s policies shall first contact, within fifteen (15) working days of any occurrence giving rise to the grievance or the time they could reasonably have learned of such occurrence, the person responsible for the matter being grieved (the respondent) and attempt to resolve the grievance informally. Students uncertain about how to proceed may consult the Director of Administration of Tisch Asia.
At the request of the grievant or respondent, the Director of Administration of Tisch Asia shall arrange for a meeting of the parties, attend such meeting(s), and attempt to aid in the resolution of the grievance.
B. Formal Complaint
1. If the grievance is not resolved informally within fifteen (15) working
days after the grievant contacted directly the appropriate person to
attempt an informal resolution, a student may obtain review by
submitting a written complaint within twenty (20) working days of the
first directcontact to the Director of Administration of Tisch Asia.
The complaint should state the written policy that allegedly has been
violated, describe the facts and evidence supporting the
alleged violation, indicate what redress the grievant seeks, and provide
a brief history of the attempts toresolve the grievance.
2. Upon receiving a complaint, the Director of Administration of Tisch Asia shall promptly schedule a meeting of the Tisch Asia Student Grievance Review Panel to hear the grievance.The Panel consists of the Associate Director of Production Services, the Associate Director of Student Services, a faculty member of Tisch School of the Arts Asia, and a student member of Tisch School of the Arts Asia, none of whom can be the subject of the grievance. In a case where members of the Review Panel are subjects of the grievance, the Panel will substitute another member from the staff or faculty. The meeting shall take place within fifteen (15)working days of the receipt of the written complaint. Both the grievant and respondent shall attend the meeting, and each may be accompanied by one other person who may advise the grievant or respondent but may not directly participate in the meeting. The Director of Administration may request that the meeting be recorded. The Director of Administration may contact such other persons as he or she shall deem appropriate for the purpose of ascertaining the facts and evidence in the case.
3. At the conclusion of the meeting the Student Grievance Review Panel shall meet to determine a resolution of the grievance. The Associate Director of Student Services shall provide a written report of the Panel’s determination to the grievant, the respondent, and, if the matter had been previously addressed to the department, to the department.
4. If the grievant or respondent is not satisfied that the Student Grievance Review Panel’s procedures were properly and fairly executed, he or she may appeal the Panel’s determination to the Director of Administration of Tisch Asia within ten (10) working days of receiving the letter from the Associate Director of Student Services. The Director of Administration will not reevaluate the evidentiary record but will address only questions of whether the process resulting in the Student Grievance Review Panel’s finding was fair and impartial and followed the rules and policies of Tisch Asia.
2. Upon receiving a complaint, the Director of Administration of Tisch Asia shall promptly schedule a meeting of the Tisch Asia Student Grievance Review Panel to hear the grievance.The Panel consists of the Associate Director of Production Services, the Associate Director of Student Services, a faculty member of Tisch School of the Arts Asia, and a student member of Tisch School of the Arts Asia, none of whom can be the subject of the grievance. In a case where members of the Review Panel are subjects of the grievance, the Panel will substitute another member from the staff or faculty. The meeting shall take place within fifteen (15)working days of the receipt of the written complaint. Both the grievant and respondent shall attend the meeting, and each may be accompanied by one other person who may advise the grievant or respondent but may not directly participate in the meeting. The Director of Administration may request that the meeting be recorded. The Director of Administration may contact such other persons as he or she shall deem appropriate for the purpose of ascertaining the facts and evidence in the case.
3. At the conclusion of the meeting the Student Grievance Review Panel shall meet to determine a resolution of the grievance. The Associate Director of Student Services shall provide a written report of the Panel’s determination to the grievant, the respondent, and, if the matter had been previously addressed to the department, to the department.
4. If the grievant or respondent is not satisfied that the Student Grievance Review Panel’s procedures were properly and fairly executed, he or she may appeal the Panel’s determination to the Director of Administration of Tisch Asia within ten (10) working days of receiving the letter from the Associate Director of Student Services. The Director of Administration will not reevaluate the evidentiary record but will address only questions of whether the process resulting in the Student Grievance Review Panel’s finding was fair and impartial and followed the rules and policies of Tisch Asia.
C. Final Review by the President
Any part of the Tisch School of the Arts Asia Disciplinary Process which calls for redress for the grievant shall be subject to review and change by the President of Tisch Asia. The President shall act on the remedial recommendations, if any, of the Disciplinary Committee and the Director of Administration within fifteen (15) working days of receiving the decision. The President’s decision as to the appropriate remedy and whether the disciplinary process has accurately determined University policy shall be in writing and final, and copies shall be sent to the grievant, the respondent, and the Director of Administration of Tisch Asia.
D. Time Limits
The President of Tisch Asia may grant extensions of the time limits under this grievance procedure of up to ten (10) working days.
E. Record-keeping
The Office of the President of Tisch Asia shall retain a copy of the complaint, any amended complaint, any decision of the hearing committee, and any decision of the President for five full calendar years following the year in which the grievance is resolved.
ANTI-HARASSMENT POLICY
Tisch Asia is committed to maintaining a learning and working environment that is free of bias, prejudice, discrimination, and harassment and an environment that supports, nurtures, and rewards career and educational advancement on the basis of ability and performance. Any form of discriminatory, biased, prejudiced, or harassing behavior based upon race, gender and/or gender identity or expression, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, criminal record, maternity status, and any other legally protected status undermines the character and purpose of this organization. Such behavior is against Tisch Asia policies, and will not be tolerated. This policy covers all members of the Tisch Asia community1 and those who may affect the Tisch Asiacommunity such as vendors or visitors. Tisch Asia encourages everyone to report all incidents of discriminatory, biased, or harassing behavior regardless of who the offender may be.
A. Definition of Prohibited Harassment
Prohibited harassment (also known as discrimination, bias, prejudice, but will be referred to in this policy as “harassment”) is conduct based on race, gender and/or gender identity or expression, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, criminal record, maternity status, and any other legally protected status when:
B. Responsibilities to Report
All members of the Tisch Asia community should report incidents of harassment in order to support the Tisch Asia policy. In order to assure that Tisch Asia is free of prohibited harassment, Tisch Asia officers, deans, department heads, faculty members, directors, and supervisors are required to report all incidents of harassment that they may have witnessed or have been advised of. The most appropriate recipients of reports are: The Director of Administration or the Associate Director of Student Services. If these persons are implicated in the offending conduct or if a conflict of interest arises, the report should be made to the Office of the President of Tisch Asia, New York University.
It is not always easy to interpret words or actions that may be ambiguous and one may think are inappropriate. Therefore, the officers noted above are available to discuss the circumstances and address matters before they become severe or pervasive.
C. Reporting a Harassment Complaint
All individuals who believe they have been harassed should file a complaint with the appropriate individuals or offices cited above. Verbal complaints should be reduced to writing by either the complainant or the individual who receives the complaint in order to preserve an accurate record. The written complaint should identify the parties involved, describe the harassing behavior, when and where it occurred and identify by name or description any witnesses. Complaints should be promptly reported so that appropriate action may be taken in a timely manner. However, the late reporting of complaints may not prevent appropriate remedial action.
Any conduct that may be in violation of this policy will be investigated, regardless of whether a complaint is filed by an individual or a group of individuals, and appropriate remedial action will be initiated.
Effort shall be made to complete the investigation of a complaint within thirty (30) days of the report of the harassment. Extensions of the time frame may be necessary in some circumstances. The complainant and alleged harasser will be notified of the extension.
D. Confidentiality
Tisch Asia will maintain the confidentiality of the complaint to the greatest extent consistent with our goal of conducting a thorough and complete investigation. Effort will be made to safeguard the privacy and rights of all persons involved.
E. Investigation and Disposition of the Complaint
The Investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary. The parties to the complaint will each have an opportunity to be heard during the investigation. The parties will also be informed of the status of the investigation as deemed appropriate. The investigation process is strictly internal to Tisch Asia so the presence of legal counsel or third parties is not permitted at any stage of the process unless otherwise required by law.
If it is determined that a violation of the Tisch Asia harassment policy has occurred, prompt remedial action shall be taken. The nature of the remedial action and the process for its implementation will depend upon the particular facts and circumstances. If remedial action involves the imposition of sanctions, appropriate disciplinary procedures will be used. Sanctions imposed may be appealed through the appeals process outlined in section XIX part E of this Handbook. The disposition of the complaint shall be communicated to the complainant and the alleged harasser.
If it is determined that no violation has occurred, such findings shall be communicated to the complainant and the alleged harasser.
If the results of an investigation show that the complainant knowingly filed false accusations of harassment, or that a witness gave false statements, such individuals will be subject to the appropriate disciplinary action.
F. Retaliation
Tisch Asia will take every step necessary to protect the complainant, the accused, and any witness against retaliation for reporting the harassment or for participating in the investigation of a complaint.
Any employee, faculty member, or student who retaliates against an individual who complains of harassment, witnesses harassment, or participates in the investigation of a harassment complaint violates this policy and may be subject to sanctions. Complaints of retaliation should be reported as violations of this policy.
G. Sexual Assault
Sexual assault is a sexual act against the will and without the consent of the victim or where the victim is incapable of giving consent. This includes conduct that may be considered criminal under the laws of Singapore. Since the medical, emotional, and legal needs of a sexual assault complainant may differ from those of other harassment complaints, sexual assault victims should, in addition to filing an internal complaint, report the assault to the police and pursue counseling and other services available through your medical practitioner.
H. Consensual Relationships
Sexual behavior that is welcome or consensual does not constitute sexual harassment under the law. However, romantic relationships in situations where one individual has greater power or authority over another frequently result in claims of harassment when the relationship ends and a perception of favoritism while the relationship continues. Such relationships are inappropriate. A "consensual" relationship between a professor and his/her student or a supervisor and a subordinate are examples of inappropriate relationships. If a consensual relationship occurs, any situation of authority must be discontinued and appropriate action may be taken.
Prohibited harassment (also known as discrimination, bias, prejudice, but will be referred to in this policy as “harassment”) is conduct based on race, gender and/or gender identity or expression, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, criminal record, maternity status, and any other legally protected status when:
1. submission to or rejection of the conduct is either an explicit or implicit term or condition of employment, basis for participation or advancement in an academic program, or basis for participation in a Tisch Asia activity or benefit; or
2. such conduct creates an intimidating, hostile or offensive work, academic or residential environment; including NYU students, staff, and faculty who may be visiting, matriculating, or working at Tisch Asia.
3. such conduct otherwise adversely affects employment or academic opportunities. Examples of such prohibited conduct include, but are not limited to:
Harassment is unacceptable in the workplace, classroom, student and faculty housing, sports, Tisch Asia facilities, and in other Tisch Asia -related settings, such as study-abroad programs and Tisch Asia and/or NYU -sponsored social functions and events. This behavior violates Tisch Asia policy even when it may not be sufficiently severe or pervasive to constitute a violation of the law.
2. such conduct creates an intimidating, hostile or offensive work, academic or residential environment; including NYU students, staff, and faculty who may be visiting, matriculating, or working at Tisch Asia.
3. such conduct otherwise adversely affects employment or academic opportunities. Examples of such prohibited conduct include, but are not limited to:
*Verbal abuse or hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group;
*Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands;
*Physical assault or stalking;
*Displays or electronic transmission of derogatory, demeaning or hostile materials;
*Unwillingness to train, evaluate, assist, or work with an employee, faculty member, or student.
*Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands;
*Physical assault or stalking;
*Displays or electronic transmission of derogatory, demeaning or hostile materials;
*Unwillingness to train, evaluate, assist, or work with an employee, faculty member, or student.
Harassment is unacceptable in the workplace, classroom, student and faculty housing, sports, Tisch Asia facilities, and in other Tisch Asia -related settings, such as study-abroad programs and Tisch Asia and/or NYU -sponsored social functions and events. This behavior violates Tisch Asia policy even when it may not be sufficiently severe or pervasive to constitute a violation of the law.
B. Responsibilities to Report
All members of the Tisch Asia community should report incidents of harassment in order to support the Tisch Asia policy. In order to assure that Tisch Asia is free of prohibited harassment, Tisch Asia officers, deans, department heads, faculty members, directors, and supervisors are required to report all incidents of harassment that they may have witnessed or have been advised of. The most appropriate recipients of reports are: The Director of Administration or the Associate Director of Student Services. If these persons are implicated in the offending conduct or if a conflict of interest arises, the report should be made to the Office of the President of Tisch Asia, New York University.
It is not always easy to interpret words or actions that may be ambiguous and one may think are inappropriate. Therefore, the officers noted above are available to discuss the circumstances and address matters before they become severe or pervasive.
C. Reporting a Harassment Complaint
All individuals who believe they have been harassed should file a complaint with the appropriate individuals or offices cited above. Verbal complaints should be reduced to writing by either the complainant or the individual who receives the complaint in order to preserve an accurate record. The written complaint should identify the parties involved, describe the harassing behavior, when and where it occurred and identify by name or description any witnesses. Complaints should be promptly reported so that appropriate action may be taken in a timely manner. However, the late reporting of complaints may not prevent appropriate remedial action.
Any conduct that may be in violation of this policy will be investigated, regardless of whether a complaint is filed by an individual or a group of individuals, and appropriate remedial action will be initiated.
Effort shall be made to complete the investigation of a complaint within thirty (30) days of the report of the harassment. Extensions of the time frame may be necessary in some circumstances. The complainant and alleged harasser will be notified of the extension.
D. Confidentiality
Tisch Asia will maintain the confidentiality of the complaint to the greatest extent consistent with our goal of conducting a thorough and complete investigation. Effort will be made to safeguard the privacy and rights of all persons involved.
E. Investigation and Disposition of the Complaint
The Investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary. The parties to the complaint will each have an opportunity to be heard during the investigation. The parties will also be informed of the status of the investigation as deemed appropriate. The investigation process is strictly internal to Tisch Asia so the presence of legal counsel or third parties is not permitted at any stage of the process unless otherwise required by law.
If it is determined that a violation of the Tisch Asia harassment policy has occurred, prompt remedial action shall be taken. The nature of the remedial action and the process for its implementation will depend upon the particular facts and circumstances. If remedial action involves the imposition of sanctions, appropriate disciplinary procedures will be used. Sanctions imposed may be appealed through the appeals process outlined in section XIX part E of this Handbook. The disposition of the complaint shall be communicated to the complainant and the alleged harasser.
If it is determined that no violation has occurred, such findings shall be communicated to the complainant and the alleged harasser.
If the results of an investigation show that the complainant knowingly filed false accusations of harassment, or that a witness gave false statements, such individuals will be subject to the appropriate disciplinary action.
F. Retaliation
Tisch Asia will take every step necessary to protect the complainant, the accused, and any witness against retaliation for reporting the harassment or for participating in the investigation of a complaint.
Any employee, faculty member, or student who retaliates against an individual who complains of harassment, witnesses harassment, or participates in the investigation of a harassment complaint violates this policy and may be subject to sanctions. Complaints of retaliation should be reported as violations of this policy.
G. Sexual Assault
Sexual assault is a sexual act against the will and without the consent of the victim or where the victim is incapable of giving consent. This includes conduct that may be considered criminal under the laws of Singapore. Since the medical, emotional, and legal needs of a sexual assault complainant may differ from those of other harassment complaints, sexual assault victims should, in addition to filing an internal complaint, report the assault to the police and pursue counseling and other services available through your medical practitioner.
H. Consensual Relationships
Sexual behavior that is welcome or consensual does not constitute sexual harassment under the law. However, romantic relationships in situations where one individual has greater power or authority over another frequently result in claims of harassment when the relationship ends and a perception of favoritism while the relationship continues. Such relationships are inappropriate. A "consensual" relationship between a professor and his/her student or a supervisor and a subordinate are examples of inappropriate relationships. If a consensual relationship occurs, any situation of authority must be discontinued and appropriate action may be taken.
