INTRODUCTION

As an institution of higher learning committed to protecting intellectual freedom and creating engaged, informed citizens, The New School affirms and upholds principles and standards of behavior that underlie this purpose. At the core of these principles are the recognition and preservation of basic human dignity, equal opportunity, freedom of expression, and civil discourse. 

The New School’s Student Code of Conduct is designed to protect and promote these principles and standards of behavior. As members of the university community, all students are responsible for contributing to a sustained atmosphere of safety, promoting the collective wellbeing of the university and its neighbors, and cultivating an engaged, accountable student body, as outlined in the Student Code of Conduct. Violation of the Student Code of Conduct shall be grounds for disciplinary action.

The Office of Student Conduct and Community Standards has primary responsibility for adjudication of the Student Code of Conduct violations, in conjunction with Housing and Residential Education. Disciplinary authority is vested in the  Associate Provost for Student Affairs and Dean of Students as the designee of the President of the university.

The University Non-Academic Disciplinary Procedures are designed to facilitate fact-finding and to review incidents involving violations of the University policies governing student conduct or behavior and other non-academic policy violations where the responding party is a student, including the Sexual Misconduct & Violence Policy.   Students are encouraged to familiarize themselves with the code and other policies applicable to students. These policies can be found on the Student Conduct and Community Standards website as well as the university’s Policies website.

NARWHAL PLEDGE

In accordance with its mission, The New School strives to prepare students to be active and participatory members in a diverse and global society. This requires New School students to intentionally cultivate, through words and actions, a learning environment that is dynamic and inclusive. These principles will guide the ways our community works with, cares for, and engages its members from diverging backgrounds, perspectives, and experiences.

To support our educational community, students who have chosen to join The New School agree to abide by

the following principles:

• Dignity: We affirm that recognizing the inherent dignity of all students is necessary to maintain a climate of justice and safety.

• Empowerment: We strive to consciously create empowered spaces both inside and outside of the classroom for people of all races, ethnicities, sexual orientations, gender identities, socio-economic statuses, ages, abilities, and beliefs.

• Anti-Discrimination: We agree that discrimination of any kind has no place at The New School.

• Expression: We acknowledge that each member of our community has the right to freely express their thoughts, ideas, and beliefs with an understanding that disagreement and unpopular or controversial opinions are a part of an enriching learning experience.

• Responsibility: We understand that each of us is accountable for our words, choices, and actions and the impact they may have on the large community.

Student Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or state police;

2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;

3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;

4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;

6. Be free from any suggestion that the reporting individual is at fault when these code crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;

8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;

9. Access to at least one Level of appeal of a determination

10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Definitions

1. Administrative Conduct Review - A student conduct hearing where up to two administrators from the Office of Student Conduct or designee will preside over the hearing process and impose sanctions when appropriate.  Incidents deemed appropriate  are heard as an Administrative Conduct Review

2. Advisor- Students may select an advisor of their choice to accompany them during any portion of the Conduct Process.  Advisors will offer support, assistance, and guidance to students.  Advisors may not actively engage in any Administrative Conduct Review or Panel Conduct Review, except for cases adjudicated with the Title IX policy.  Attorneys may serve as advisors to any party, subject to the same limitations and conditions outlined in this code.

3. Affirmative Consent- Affirmative consent to engage in sexual activity is a knowing, voluntary and mutual decision among all participants to engage in sexual activity.  

• Consent can be given by word or action, as long as those words or actions create clear permission to engage in the sexual activity. 

• Silence or the lack of resistance, in and of itself, does not demonstrate consent. 

• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. 

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. 

• Consent is required regardless of whether the person initiating the act is under the influence of drugs or alcohol. Consent may be initially given but withdrawn at any time.

• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a lack of consciousness, being asleep, being involuntarily restrained or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent. 

• Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm. 

• An individual under the age of 17 cannot consent to sexual activity in New York. 

• When consent is withdrawn or can no longer be given, sexual activity must stop.

4. Chairperson- A person(s) authorized by the University Code Administrator to chair the conduct review panel at the discretion of Student Conduct & Community Standards. 

5. Complainant- Any member of the university community who puts forth a complaint or an allegation of a code violation. 

6. Conduct Review Panel - A panel of authorized and trained university officials will review the allegations, hear responses, ask questions, and make decisions of responsibility for each charge.  The panel will also provide recommendations for sanctions where appropriate. All recommendations will be reviewed by the Dean of Students and appropriate changes will be applied if necessary. The Dean’s Office and/or the Office of Student Conduct will determine if and when this process is appropriate to follow. 

7. Informal Resolution Process - The Informal Resolution process is a voluntary procedure that operates independently from the University's formal student conduct investigation and resolution process.  For this process to commence, all parties must be in agreement to participate. By choosing to participate in the informal resolution process, the student takes responsibility for their actions and does not dispute the facts of what occurred. The case is resolved if the student accepts  responsibility and agrees to complete mutually agreed upon outcomes. This process may involve 1 or more students and the Office of Student Conduct. Once a resolution is reached and both parties have agreed to the outcome, the formal process cannot be re-initiated.

   The Informal Resolution process is available for student-related matters at the discretion of the Office of Student Conduct and Community Standards. Through this process, no disciplinary action will be taken against the Respondent, and the resolution will not be recorded in the Respondent’s disciplinary history unless both parties agree during the resolution. Parties may have an Advisor and/or a Support Person present at any meetings associated with the Informal Resolution process.

   An informal resolution can be used when a formal process is not being considered by the Office of Student Conduct. The Office of Student Conduct manages this process and determines if it is productive and actively working towards an agreed upon responsibility level and outcome. This process may be canceled by the Office of Student Conduct if all parties involved cannot come to a mutual agreement between all parties.

8. Preponderance of Evidence- standard applied to determine whether it is “more likely than not" that a policy was violated.

9. Respondent- Any university student or student organization charged with an alleged violation of the code.

10. Residence Hall- Any building, room, facility, or premises owned and operated by the university for use as a dormitory, whether by lease or by contract, to students enrolled at the university.  

11. Student Conduct and Community Standards- The designated university office charged with addressing allegations of violations of the code, referred to as SCCS, here within.

12. Student Conduct Administrator - A university official authorized by the University Code Administrator to manage the disciplinary process. The student conduct administrator can serve as a sole decision-maker or member of the conduct panel review, and can be referred to as a hearing officer. The university staff member was charged with administering the code during a conduct panel review.  

13. University Code Administrator- The individual designated by the university president or vice provost of student success responsible for administering the Student Code.

Application and Jurisdiction of the Student Code

All student members of the New School are expected to uphold the standards of this community. This includes students who have been notified of admission to the university, who have matriculated, enrolled or registered in any academic program or activity, at the graduate and undergraduate level (including student in adult education and certificate programs).

The university standards also apply to recognized and unrecognized student organizations, groups, or clubs.

The scope of the university’s jurisdiction includes reports that prohibited conduct occurred:

• On any university premise or in any University facility

• Within 500 yards of university premises or facilities

• On any shuttle buses or other vehicles used by or under the control of the university

• While participating in any University-sponsored event or activity, including study abroad and international programs

The code may also be applied to off-campus incidents or conduct that adversely affect the university community and the pursuit of its objectives. The Director of Student Conduct and Community Standards shall decide whether the Student Code shall be applied to conduct occurring off-campus on a case-by-case basis.

Reports of academic integrity will be directed to the Office of Academic Standards. If an academic integrity report also involves Code of Conduct violations, the two offices may partner in addressing the allegations, or address the reports separately. d Community Standards shall decide whether the Student Code shall be applied to conduct occurring off-campus on a case-by-case basis.

Rights and Expectations of The New School

1. The university reserves the right to notify parents of a student’s violation of the Student Code of Conduct or other non-academic policy where appropriate.

2. The university reserves the right to hold students financially responsible for all losses and damages to university property.

3. The university expects each student to be responsible for securing personal property. The university will not be responsible for the loss, theft, or damage to students' personal effects and their guest(s). 

4. The university expects students to comply with any instruction from an identified university official, performing their duties in the enforcement of university policy application. 

5. Students are expected to show their university identification card upon request to any Residence Hall staff person and other appropriate university officials, performing their duties in the enforcement or application of university policy.

6. The university reserves the right to amend the Student Code of Conduct and the Non-Academic Disciplinary Procedures at any time. All students are expected to familiarize themselves with the Student Code of Conduct. Any updates made to the Student Code of Conduct will be sent out to the university community.

The New School Amnesty Policy

The health and safety of every student at The New School is of utmost importance.  The university recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  The New School strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to university officials.  Students or bystanders who in good faith report instances of sexual violence/misconduct will not be subject to alcohol and/or drug use policy violations occurring around the time of the alleged incident(s).

1.  Amnesty Policy

The Amnesty Policy can provide immunity from campus disciplinary action in situations of a medical emergency related to alcohol or drug use.

2. Philosophy

It is imperative that someone call for medical assistance when an individual experiences severe intoxication or a serious injury after consuming alcohol or other drugs (AOD). Because these emergencies are potentially life-threatening, the Amnesty Policy seeks to reduce barriers to seeking assistance. 

The Amnesty Policy represents the university's commitment to increasing the likelihood that community members will call for medical assistance when faced with an AOD emergency. The Amnesty Protocol also promotes education for individuals who receive emergency medical attention related to their own use of alcohol or other drugs in order to reduce the likelihood of future occurrences.

The Amnesty Policy does not preclude disciplinary action regarding other violations, including but not limited to:

• Causing or threatening physical harm

• Hazing

• Sexual violence and/or misconduct

• Damage to property

• Fake identification or false information provided to University responders

• Unlawful provision of alcohol or other drugs to others

• Harassment

• Other code violations at the discretion of the  Associate Provost for Student Affairs  and Dean of Students or designee

3. Provisions

The Amnesty Protocol will not be granted where there was no active call for medical assistance and/or waiting for police or University personnel to arrive before seeking medical assistance.

In order for this protocol to apply, the assisted student must agree to timely completion of assigned alcohol and/or drug education activities, assessment, and/or treatment as assigned by the university.  The follow-up must be completed within seven (7) business days after meeting with the Office of Student Conduct and Community Standards.  Failure to complete recommended follow-up will normally result in revocation of conduct amnesty. 

Organizations involved in an incident must agree to take recommended steps to address concerns, such as educational follow up.  Multiple incidents may result in revocation of an organization's recognition. 

This policy does not protect students who repeatedly violate University policies.  Once a student receives immunity from the Amnesty Policy, future applications of the policy are at the discretion of the university.  The university also has the discretion to determine that this policy does not apply in more serious situations, including the criminal possession of drugs, property damage, violence, etc.

4. Disclosure of Amnesty Incidents

The university may disclose amnesty incidents to outside parties with the student's consent. The university also may disclose an incident if a student is applying for campus student employment or a leadership position and or opportunity within Housing and Residence Education, Student Conduct and Community Standards, Orientation, and Student Leadership and Involvement if an incident occurred within one year of application, or if the university has received subsequent alcohol or drug related incidents involving the student.