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The full list of Academic policies can be found in the Student Handbook.

GRADUATION REQUIREMENTS

Master of Fine Arts

MFA students must complete the below listed requisites prior to the date of commencement. Any student who fails to fulfill the requirements by the deadline will not graduate and will not walk in the commencement ceremony. Once all graduation requirements are fulfilled, the students will receive their diploma and officially graduate. Detailed information about Graduation Requirements can be found in the Student Handbook.

• Successful completion of all courses required for the declared concentration and, if applicable, track
  • MFA Drawing Curriculum
  • MFA Painting Curriculum
  • MFA Sculpture Curriculum
• A course evaluation form for each class in which you were enrolled
• MFA Thesis Research Paper and Thesis II Statement must be submitted by posted deadlines (see syllabus for details and deadlines). Send a copy of your Thesis Paper to your Thesis Advisor (please consult with your Advisor on preferred format – hard copy, word doc, pdf, etc.), and upload a word doc or pdf of your paper and statement using the following upload link: Thesis Upload Form. Please see the Thesis II Statement Guide for details and resources.
• Fall and spring MFA Thesis Critique Signature Sheet with a minimum of eight critiques per semester – each sheet must be submitted using the upload form
• Online Exit Survey Form
• Financial Aid Exit Counseling (required for all students receiving federal financial aid; email fa@nyaa.edu to make an appointment)
• Tuition and all other academic fees must be paid in full
• Professional CV or resume – must be submitted using the upload form
• Attendance at one Professional Practice Workshop

Certificate of Fine Arts

CFA students must complete the below listed requisites prior to the date of commencement. Any student who fails to fulfill the requirements by the deadline will not graduate and will not walk in the commencement ceremony. Once all graduation requirements are fulfilled, the students will receive their diploma and officially graduate. Detailed information about Graduation Requirements can be found in the Student Handbook. Please use the CFA Graduation Requirements Form to submit and track.

• Successful completion of all courses required for the program
  • CFA Curriculum
• A course evaluation form for each class in which you were enrolled
• Summer Critique Signature Sheet with a minimum of four critiques
• Artist Statement
• Please see the CFA Artist Statement Guide for details and resources.
• Online Exit Survey Form
• Financial Aid Exit Counseling (required for all students receiving federal financial aid)
• Tuition and all other academic fees must be paid in full
• Professional CV or resume (must be emailed to the Registrar registrar@nyaa.edu)

AUDITING CLASSES

Current Academy students may audit courses in their program of study. Auditing is only permitted in classes not fully enrolled at the start of the semester on the first day of classes. Students must attend classes regularly according to the Academy’s attendance policy and the faculty’s requirements. Students are required to participate in all in-class activities and assignments. Participation in out-of-class assignments should be discussed with the faculty. Audit courses will receive a grade of AUD, which confers no credit and does not affect GPA. All attempts to receive credit or a grade for an audited course will be denied. Requests to audit classes must be approved by the Provost, Faculty Chair and Registrar.

LEAVE OF ABSENCE & WITHDRAWAL

The Academy’s policies and procedures regarding a leave of absence or withdrawal are outlined in the Student Handbook. Applications for either a leave of absence or withdrawal must be submitted to the Registrar for processing. Please download the appropriate form below for details and instructions.

Leave of Absence

A leave of absence may be granted for a period up to one year. Requests for non-medical leave (for personal or professional matters) must be submitted to the Registrar before the end of the semester preceding that of the intended leave and approved by the Faculty Committee. A formal notice of return must be received by the Registrar before the end of the semester immediately preceding the requested return to the Academy. Students on a personal leave of absence are not eligible for financial aid, including loans, and are not permitted use of Academy facilities and resources.

Students that take a leave of absence from the Academy may no longer be eligible for the full amount of Title IV funds that they have received or were scheduled to receive. Please refer to the Academy’s Federal Return of Title IV Funds Policy (R2T4) and the Withdrawal, Refund and R2T4 Policies & Procedures Section in this Handbook. Students who must interrupt study because of illness may be granted a medical leave of absence with the approval of the Faculty Committee at the written recommendation of a physician. This recommendation must be submitted to the Registrar with the request.

Students on a medical leave are not eligible for financial aid, including loans, and are not permitted use of Academy facilities and resources. Before returning, a student on medical leave must secure and submit to the Registrar written permission to return from a physician who can vouch to the student’s ability to resume studies in the Academy setting. To find the Leave of Absence Request Form follow these steps on the New York Academy of Art’s website: nyaa.edu/forms/

Withdrawal

The Academy uses the term withdraw to formally indicate that a student has dropped one or more courses within a given semester. Withdrawing from the Academy entirely is different than dropping classes. A withdrawal is completed in consultation with the Provost and the Faculty Committee. In order for a student to officially withdraw from the Academy after consultation with the Provost and the Faculty Committee, a student must submit the Academy’s Withdrawal Request Form to the Registrar. The Registrar records the exit date and reason on their academic record in the Academy’s registration software. The Registrar keeps a copy of their Withdrawal Request Form in their academic file. For students receiving financial aid, the Director of Financial Aid must review and sign either the Leave of Absence Request Form or Withdrawal Request Form. In the event that the student has loans, the Director of Financial Aid reports them as a W in the National Student Loan System which is updated regularly.

A statement will be added to the student’s transcript indicating that they have withdrawn from the Academy. Depending on the date of withdrawal, the student may be entitled to some pro-rated refund of tuition. Students that withdraw from the Academy may no longer be eligible for the full amount of Title IV funds that they have received or were scheduled to receive. Please refer to the Academy’s Federal Return of Title IV Funds Policy (R2T4) and the Withdrawal, Refund and R2T4 Policies & Procedures Section in this Handbook. Procedures related to this policy are found below (Appendix A). To find the Withdrawal Request Form follow these steps on the New York Academy of Art’s website: nyaa.edu/forms/

Title 34 CFR 668.22 of the Higher Education Act requires that institutions determine the amount of federal financial aid (Title IV programs) that a student earned at the time of his or her withdrawal. The Title IV programs that are covered by this law include Federal Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOGs), Federal Direct Stafford Loans, Federal Direct PLUS Loans and Federal Perkins Loans. When a student withdraws during the payment period or period of enrollment, the amount of Title IV program assistance that the student earned to that point (withdrawal date) is determined by a specific federal formula. If the student received less assistance than the amount that was earned, the student may be able to receive those additional funds as a post-withdrawal disbursement. If the student received more assistance than the amount that was earned, the excess funds must be returned by the school and/or the student.

TRANSFER OF CREDIT

The presentation of a satisfactory transcript from a collegiate institution accredited by an agency or association recognized by the U.S. Secretary of Education is not on its own sufficient for the transfer of credits into the Academy’s programs. This is due to the unique, designated sequence in which the Academy’s curriculum is structured to carry out its mission of presenting a rigorous, specific and traditional skill set in the first year of study. The Academy rarely accepts the transfer of credits from other institutions. In the rare instances when the Academy has accepted the transfer of credits from other institutions, the faculty and administration have maintained strict policies to assure that the overall educational experience of the transferring student is at least equal in quality to that of the student completing all of his or her work at the Academy. These policies include a rigorous examination of the incoming portfolio to determine the student’s potential to achieve amongst peers who entered the program through the normal admission cycle and successfully completed technical skill-based coursework, as well as developing a thorough knowledge of the program from which the transferring student wishes to leave.

Transfer credit is granted for courses taken at another institution only when the coursework involved and the level of the transfer applicant’s achievement meet the published standards of the Academy, pass the rigorous examination of the Admissions Committee by a majority vote and permit the student to complete the remaining Academy curriculum successfully.

Students accepted into the Academy’s programs may request transfer credit for relevant courses completed at regionally accredited institutions. Transfer of credit is subject to the approval of the Admissions Committee. The following limitations apply:

• A maximum of six (6) graduate-level credits may be transferred for elective credit.
• Transfer credits cannot be used to fulfill required core curriculum.
• The course(s) for which transfer of credit is requested must have been completed within four years prior to enrollment at the Academy.
• Credits for courses in which the student earned a grade below B, or took a non-letter grade such as a pass/fail are not transferable.
• Courses used to satisfy entrance requirements, as well as courses used as part of a previously completed bachelor’s program, may not be transferred.
• Grades in courses transferred from other institutions will not be calculated into the student’s grade point average (GPA).

Application Procedures

• Download and complete the Transfer of Credit Application
• Submit the completed form along with an official copy of your college or university transcript and a syllabus for each course listed on your application to the Registrar registrar@nyaa.edu

The Academy provides a variety of reasonable accommodations and services in accordance with the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Reasonable accommodations are modifications or alterations intended to provide equal access or improve accessibility to physical, programmatic, and academic areas of the university and to level the playing field for students with disabilities. Students are advised to meet with their professors to discuss the testing and academic accommodations that they anticipate needing for each class, to self-disclose their disability status to faculty and staff when appropriate, and exercise self-advocacy to meet their disability-related needs.

Students requesting accommodations based on disability status should provide the Academy with appropriate medical documentation. The documentation should state the specific disability and include recommended accommodations with a rationale if needed. The documentation must be typed and submitted by a licensed healthcare professional qualified to diagnose the disability and recommend these accommodations. The Academy has the right to request supplemental documentation if it is determined that the information in the initial documentation is incomplete or inadequate, or that the qualifications of the healthcare provider or professional are in question. All documentation will be kept confidential as outlined in the section on confidentiality.

If you are interested in requesting an academic accommodation, please reach out to the Office of Student Services.

The New York Academy of Art makes every effort to resolve student complaints using policies and procedures outlined in the current Student Handbook. To comply with the regulations required under Title IV of the Higher Education Act of 1965, the Academy provides the following information to current and prospective students.

Institutions participating in federal aid programs must be legally authorized to operate within the state of location. Title 34 CFR 600.9 requires states to have a process to review and appropriately act on complaints concerning the institution including enforcing applicable State laws. Title 34 CFR 668.43(b) requires that institutions make available for review to any enrolled or prospective student upon request, a copy of the documents describing the institution’s accreditation and its State, Federal, or tribal approval or licensing. The institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its State approval or licensing entity and any other relevant State official or agency that would appropriately handle a student’s complaint.

Procedures

Academic and Non-Academic Misconduct – Students may report misconduct, both academic and non-academic, to the President, the Provost or the Faculty Chair. For details regarding the policies and procedures regarding academic and non-academic misconduct, refer to the Student Handbook.

Americans with Disabilities Act – refer to the Academy’s Title IX Policy on Equal Opportunity, Harassment and Nondiscrimination page and the procedures outlined in the Student Handbook.

Affirmative Action – refer to the Academy’s Title IX Policy on Equal Opportunity, Harassment and Nondiscrimination page and the procedures outlined in the Student Handbook.

Criminal Activity – Complaints involving matters of a criminal nature should be directed to the Director of Operations 212.842.5969 and/or the Police (1st Precinct, 16 Ericsson Pl, New York, NY 10013, 212-334-0611). In the event of an emergency, dial 911.

Family Educational Rights and Privacy Act (FERPA) – refer to the Student Handbook.

Harassment or Discrimination – refer to the Academy’s Title IX Policy on Equal Opportunity, Harassment and Nondiscrimination page and the procedures outlined in the Student Handbook.

Request for Grade Change & Grade Appeal – refer to the policies in the Student Handbook.

Title IX – refer to the Academy’s Title IX Policy on Equal Opportunity, Harassment and Nondiscrimination page and in the Student Handbook.

If an issue cannot be resolved by the Academy, students may file a complaint with their respective State Licensing Authority. These agencies should be contacted only after the student has registered a complaint using the Academy’s stated internal procedures and has not received a response to the request for resolution.

NYSED
Office of Higher Education
89 Washington Ave.
Albany, NY 12234
p: 518.486.3633

Unresolved complaints may also be filed with the Academy’s accrediting agencies, once all other avenues have been exhausted. Please also see the Academy’s Accreditation & Charter page for more information.

Middle States Commission on Higher Education
3624 Market Street
2nd Floor West
Philadelphia, PA 19104
(p) 267.284.5011
(e) Complaints@msche.org
https://www.msche.org/complaints

National Association of Schools of Art and Design (NASAD)
1250 Roger Bacon Drive
Suite 21
Reston, Virginia 20190
(p) 703.437.0700
(e) info@arts-accredit.org
nasad.arts-accredit.org

The term student for the purposes of this Code means an individual for whom the Academy maintains students records and who:

1. is enrolled in or registered within an academic program of the Academy;
2. has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment, including the recess periods between academic terms; or
3. is on an approved educational leave or other approved leave status, or is on filing-fee status.

The Code also applies to applicants who:

• become students, for offenses committed as part of the application process
• become students, for offenses committed on campus and/or while participating in Academy-related events or activities that take place following a student’s submission of the application through the student’s official enrollment

All students are expected to comply with the policies and regulations established by New York Academy of Art and their respective programs. Academy policies governing student conduct are outlined below and on the Academy’s website. The Academy reserves the right to review and amend these policies as necessary to reflect changes in professional norms or campus requirements, and does not intend to create rights beyond those of the background laws framing such codes, generally.

The following examples of misconduct warrant investigation and possible penalties:

• Alcohol and Drug Policy: In compliance with the Federal Drug Free Workplace Act of 1988 (Public Law 100-690) and the Drug Free Schools and Communities Act of 1989 (Public Law 101-226), the Academy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol (as defined by these acts) by a student or employee on Academy property or at any Academy event or activity. No alcohol is allowed on Academy property or property controlled by the Academy without the prior written approval by the President or Board of Trustees. Violations will result in disciplinary action up to and including dismissal from the Academy.
• Attire: Students are expected to dress in a manner that is neat and respectful of the professional educational environment. Unacceptable forms of attire include clothing with offensive language, images, or symbols and revealing or overly casual attire such as beachwear. Certain academic programs or events may have specific dress requirements. Students should adhere to any additional guidelines provided by their program directors or event organizers.
• Bullying: includes repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish a Complainant.
• Computer Usage: Violations of ethical standards and unauthorized or inappropriate use of computer such as, but not limited to, using other’s email without permission, downloading, viewing, or creating pornographic material, monopolizing hardware, software and/or printers for personal use (not Academy related), tampering with the Academy’s network security system, or any illegal activity that violates the laws of libel, copyright, trademark, or the Buckley Amendment.
• Dishonesty: includes cheating, plagiarism, other areas of academic dishonesty, or intentionally giving false information to the Academy or Academy officials.
• Disruptive Behavior: includes disorderly, indecent, or obscene conduct either in the classroom or on Academy-owned/operated facilities or properties on/at Academy-sponsored events that significantly interferes with the academic mission or operations of the Academy.
• Endangerment: includes any physical action, including hazing (further defined below), which intentionally or recklessly threatens the physical well-being, mental health, or safety of others.
• Failure to Comply: Failure to identify oneself to, or comply with the directions of, an Academy official or other public official acting in the performance of the official’s duties while on Academy property or at official Academy functions; or resisting or obstructing such Academy or other public officials in the performance of or the attempt to perform their duties.
• Intimidation: Individual or group behavior which intentionally and substantially impinges upon or invades the rights of others. Such conduct includes, but is not limited to, implied threats or acts that cause the Complainant reasonable fear of harm.
• Hazing: includes acts likely to cause physical or psychological harm or social ostracism to any person within the Academy community, when related to the admission, initiation, pledging, joining a student organization or any other group affiliation activity.
• Prohibited Weapons: Possession or use of a firearm, explosives, fireworks or other weapons including mace or pepper spray.
• Smoking in Restricted Areas: All buildings owned and leased by the Academy are tobacco-free. Neither smoking nor chewing of tobacco is allowed except in approved designated smoking areas.
• Theft/Vandalism: theft of or intentional damage to Academy property or the property of another may subject students to Academy disciplinary measures as well as legal action.
• Violation of Privacy: Unauthorized photography or recording that compromises the privacy or creative process of others is strictly prohibited. Any student found in possession of a camera or other recording device within an art studio without proper authorization may be asked to remove the camera or recording device from the premises and may face disciplinary action depending on the severity of the violation.
• Violation of Academy Policy: conduct that would constitute a violation of any Academy policy, rule, or regulation.

Students may report misconduct, both academic and non-academic, to the President, the Provost or the Director of Student Services. Violations of the Student Conduct Policy may be referred to the Disciplinary Committee and subject to the procedures outlined below. Violations of the Academy’s Title IX, Discrimination and Harassment Policies must be reported to the Academy’s Title IX Coordinator and are not subject to Disciplinary Committee procedure. Please refer to the Academy’s Title IX Policy posted on the institution’s website: https://nyaa.edu/title-ix/

Misconduct of an academic nature, including plagiarism, cheating, forging, alteration or other misuse of academic documents, is subject to investigation and disciplinary action by the Faculty Committee. Decisions of the Faculty Committee are final. Non-academic misconduct (for example, violation of building regulations) is subject to investigation and possible imposition of penalty by the President. The President may refer adjudication of such non-academic misconduct to a Disciplinary Committee as outlined in the Disciplinary Committee Procedures.

STUDENT CONDUCT PROCESS

Faculty, staff, students, or others can file a complaint alleging that a student violated the Code, whether academically or non-academically. The Academy may also independently investigate misconduct from sources like police or press reports, even without a complaint. Within ten days of receiving a complaint (unless formally extended), the Academy will initiate the student conduct process. The Academy’s student conduct process is a four-step model that consists of the following stages: Preliminary Inquiry, Informational Meeting, Resolution, and Appeal.

Step 1: Preliminary Inquiry

The Academy will conduct a preliminary inquiry into the nature of the incident, complaint, or notice of alleged policy violation, the evidence available, and the parties involved. The preliminary inquiry is a neutral fact-finding process that is used to determine whether there is sufficient information to warrant action by the Academy. Preliminary meetings with the Complainant and/or witnesses may occur before initiating the student conduct process or contacting the Respondent. If the Respondent is contacted about the complaint during the preliminary inquiry, the Respondent will be made aware of the initiation of the preliminary inquiry and that the incident could result in a student conduct process being initiated. The preliminary inquiry may result in any of the following:

1. No Action: If there is insufficient credible information to indicate a potential violation occurred, the complaint will not be advanced to the student conduct process. The information will be retained by the Academy to document that the matter was reviewed.
2. Educational Conversation: If the information provided is concerning but does not reach the level of a potential policy violation (e.g., an incident that occurs outside of the Academy jurisdiction or repeated low-level behaviors), Academy officials may have an educational conversation about the behavior with the Respondent.
3. Initiation of Conduct Process: If there is reasonable cause to believe that a Respondent may have violated Student Conduct Policy, the conduct process will be initiated.

If it is determined that the alleged behavior would fall within the jurisdiction of another Academy process or department, the Academy may collaborate with the appropriate process or department and/or refer the alleged behavior accordingly. Failure for any party to participate in any portion of the student conduct process will not unreasonably delay the student conduct process or impact the validity of such proceedings.

Interim Measures

The President may impose an emergency suspension when, in the President’s judgment, such action appears necessary (a) for reasons relating to a student’s physical or emotional safety and well-being or the safety and well-being of a member of the Academy or its property; or (b) to deal with a continuing disturbance or a forcible interference by students with any Academy activity. If a student is suspended in this manner, the suspension may be lifted by the President or referred to the Disciplinary Committee.

Step 2: Informational Meeting

Once the initiation of the conduct process has occurred, the Respondent will be provided with written notice a minimum of two (2) days before an informational meeting, barring any exigent circumstances. The notice will include the following:

1. A brief summary of the incident, including the date, time, and location of the alleged offense where possible.
2. A list of the Academy policies or campus regulations allegedly violated.
3. Specific statements about potential sanctions if the student opts not to participate in the conduct process.
4. Information about the opportunity for informal resolution of the charges.
5. Notification of the student’s right to a hearing.
6. The student’s right to have an advisor or support person present at any stage of the proceedings, at their own expense.
7. Procedures for requesting an extension of time.
8. Notice that the conduct process may proceed in the student’s absence unless they meet with the designated Conduct staff, and
9. The contact information for the designated Conduct staff assigned to resolve the complaint.

Notice will be made in writing and emailed to the Respondent’s Academy-issued email or is mailed to the local address on file with the Academy or the permanent address on file. In rare circumstances, notice may be delivered in person. Once emailed and/or received in-person, notice will be presumptively delivered.

Informational Meeting

All Respondents are provided an opportunity to attend a scheduled informational meeting with the conduct administrator responsible for resolving the case. An informational meeting is an informal meeting with a Conduct staff who will explain the Respondent’s rights and the alleged violation(s), discuss resolution options, review the Respondent’s responsibilities, and provide an opportunity to review, after any required redaction, the information that was provided as the basis for the alleged policy violation(s). The representative will also answer questions about the process and available options. The Conduct staff may provide a range of possible outcomes for the alleged violation, but that individual cannot ensure that a specific outcome will occur.

During the informational meeting, the Respondent may select one of the available resolution processes (Administrative Conference or Hearing Resolution) for the case. In certain circumstances, the Conduct staff or designee may exercise the authority to select the resolution process. In the absence of a resolution option selection from the Respondent, the Conduct staff will determine the appropriate resolution process for the case. Failure to attend an informational meeting will not delay the student conduct process or impact the validity of such proceedings.

Step 3: Resolution

Administrative Conference

If the assigned Conduct staff believes the outcome for the alleged violation would likely not rise above Probation, the Respondent may elect to have the case resolved by Administrative Conference. An Administrative Conference takes place between the Respondent and designated Conduct staff and does not allow for the presentation of witnesses or additional information to be submitted by the Respondent before the meeting, although the administrator may follow up with other parties as necessary before making a decision. The Administrative Conference will primarily consist of the Respondent sharing their perspective on the reported behavior and the designated Conduct staff asking questions of the Respondent. The result of an Administrative Conference is not appealable.

An Administrative Conference may occur directly following an informational meeting or may be scheduled for a later date. Every effort will be made to schedule an Administrative Conference within five (5) days of the informational meeting. Following an Administrative Conference, the Conduct Administrator will determine whether it is more likely than not that a violation occurred and determine appropriate education sanction(s), if applicable.

If the Respondent does not wish to proceed with an Administrative Conference, and/or the sanction for an alleged violation would be more serious than Probation, the Respondent may elect to pursue Hearing Resolution. A Hearing Resolution may be required by the designated Conduct staff for any case that may result in expulsion. The Hearing Resolution process consists of two hearing options: an Administrative Hearing or Disciplinary Committee Hearing.

Hearing Resolution

Hearings involve the presentation of information by witnesses (as necessary) and provide an opportunity for the Respondent to present witnesses and information for review as part of the decision. A list of witnesses, their relevance to the alleged violation(s), and their contact information must be submitted, in writing, to the designated Conduct staff within five (5) days after the informational meeting.

Administrative Hearing

An Administrative Hearing is conducted by designated Conduct staff as determined by the President. The designated Conduct staff is responsible for determining whether it is more likely than not that a violation occurred and determining appropriate education sanction(s), if applicable. An Administrative Hearing involves the presentation of information by the Respondent(s), Complainant(s), if applicable, and any Witness(es), if applicable. The Respondent(s) will be allowed to ask relevant questions of the Complainant(s) and/or any Witness(es) at the discretion of the Conduct Administrator. In incidents involving an identified harmed party, the Complainant(s) will also be allowed to ask relevant questions of the Respondent(s) and/or any Witness(es) at the discretion of the Conduct Administrator. The Academy cannot compel anyone to attend a hearing.

Disciplinary Committee Hearing

The Academy’s Disciplinary Committee is appointed by the President and consists of three members, including students, faculty, and/or staff, though other configurations are possible at the discretion of Conduct staff. The Disciplinary Committee is responsible for determining whether it is more likely than not that a violation occurred and to determine appropriate sanction(s), if applicable. One (1) committee member will serve as the Disciplinary Committee Chairperson, selected by the President or designee.

Disciplinary Committee Hearing Procedures

Disciplinary Committee hearings will be conducted in accordance with the following guidelines:

1. Hearings will be closed to the public. The Complainant, Respondent, and their respective Support Person are permitted to attend the entire hearing, except for deliberation.
2. In cases involving multiple Complainants and/or Respondents the President may determine that the hearings be conducted jointly. In joint hearings, separate determinations of responsibility will be made for each charge and each Respondent, and for any patterns that are alleged. Any Respondent wanting to have their hearing conducted individually may submit a written request a minimum of three (3) days before the scheduled Hearing to the designated Conduct staff who will decide whether to grant the request.
3. The designated Conduct staff will arrange for witnesses to attend the Hearing and present relevant information. Failure of a witness to appear will not automatically require a delay or affect the validity of the proceedings. A decision will be made on the information presented during the hearing.
4. The Complainant, the Respondent, the Hearing Panel, and the designated Conduct staff will have the privilege of questioning all present witnesses and all present parties (directly or through the Chairperson, at the discretion of the Chairperson).
5. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Hearing Panel and the designated Conduct staff. Formal rules of evidence are not observed. Pertinent records, exhibits, and written statements must be submitted to the Academy within five (5) days following the informational meeting.
6. All procedural questions are subject to the final decision of the President or Hearing Chair.
7. If the Respondent has received adequate notice but fails to attend a hearing without a legitimate reason for being absent, the hearing will proceed in the Respondent’s absence. Otherwise, the hearing will be rescheduled.
8. The Academy may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, Reporter, and/or Witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed-circuit television, video conferencing, videotape, audiotape, written statement, or other means.
9. After a hearing, the Disciplinary Committee will deliberate and determine, by majority vote, whether it is more likely than not that the Respondent has violated Student Conduct Policy. Once a finding is determined, if the finding is that of a policy violation, the Disciplinary Committee will determine an appropriate sanction(s). The Hearing Chairperson will issue a written outcome detailing the findings, the information cited in support of its findings, and any recommended sanctions. Outcome letters are sent to the Respondent and the President.
10. There will be a single verbatim record, such as an audio recording, for all Disciplinary Committee hearings. Deliberations will not be recorded. The record will be the property of the Academy and maintained according to the Academy’s Record Retention Policy.

Outcome Notification

The outcome will be sent via e-mail to the Respondent’s official Academy e-mail address within ten (10) days of the Administrative Conference or Hearing Resolution, unless extenuating circumstances exist. The outcome will be copied to a Complainant as permitted by law or Academy Policy.

If the Respondent is found to be responsible for a violation of the Student Conduct Policy, the outcome will also include any assigned sanction(s). Sanctions may be issued individually, or a combination of sanctions may be issued. Respondents who are found not responsible for violating the Student Conduct Policy will not receive any sanctions.

The outcome of a student conduct process is part of the education record of the Respondent and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a crime of violence, the Academy will inform the alleged victim/party bringing the complaint in writing of the final results of a Disciplinary Committee hearing regardless of whether the Academy concludes that a violation was committed. Such release of information may only include the Respondent’s name, the charges, the finding, and the sanctions assigned (if applicable).

In cases where the Academy determines through the student conduct process that a student violated a policy that would constitute a crime of violence, the Academy may also release the above information publicly and/or to any third party. FERPA defines crimes of violence to include:

1. Arson
2. Assault offenses (includes stalking)
3. Burglary
4. Criminal Homicide – manslaughter by negligence
5. Criminal Homicide – murder and nonnegligent manslaughter
6. Destruction/damage/vandalism of property
7. Kidnapping/abduction
8. Robbery
9. Forcible sex offences
10. Non-forcible sex offences

Step 4: Appeal

Any party may request an appeal of the decision of a Hearing Resolution by filing a written request to President or designee, subject to the procedures outlined below.

Grounds For Appeal Requests

Appeals requests are limited to the following grounds:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures);
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included. Note that this criterion may not be used by Respondents who choose or fail to attend or participate in the original proceeding they are appealing; or
3. The sanctions imposed are substantially disproportionate to the severity of the violation or outside the parameters or guidelines set by the Academy for this type of offense, and/or the cumulative conduct record of the Respondent.

Appeals must be filed in writing with the President or designee within ten (10) days of the notice of the outcome to the hearing, barring extenuating circumstances. Any exceptions are made at the discretion of the President.

The President or designee will share the appeal by one party with the other party (parties) when appropriate under procedure or law. The President will refer the request(s) to the Academy’s designated Appeal Officer, appointed by the President or designee. The Appeal Officer will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. If the appeal is not timely or substantively eligible, the original finding and sanction(s) will stand and the decision is final. If the appeal has standing, the Appeal Officer determines whether to make a determination or to remand it to the Disciplinary Committee, typically within 3-5 business days. All substantive decisions of the Appeals Officer are to be made within five (5) days of receipt and are final. Appeals are not intended to be full re-hearings of the complaint from the beginning.

SANCTIONS

Possible sanctions for violations of the Student Conduct Policy include, but are not limited to:

• Reprimand: a verbal or written notice indicating that a recurrence of the misconduct may result in further penalties.
• Probation: indicating the student is in official jeopardy and the commission of a serious offense during this period will normally result in suspension or expulsion.
• Suspension: a suspended student forfeits all privileges of enrollment and may be required to petition for readmission or be subject to conditions for readmission.
• Expulsion: permanent separation from the Academy.
• Restitution: in cases where there has been damage or loss to the school or an individual. Failure to make restitution may result in, among other things, the denial of graduation or further enrollment.
• Educational/Restorative sanctions, determined as appropriate.

These institutional sanctions are in addition to any penalties or liabilities pursuant to the violation of the civil or criminal laws of the State of New York. The President may, depending on the gravity of the violation, institute a civil or criminal complaint with appropriate public officials.

The New York Academy of Art’s first and foremost priority is the health and safety of our community. We uphold the Title IX of the Education Amendments which states no individual shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

In accordance with the institution’s policies and procedures, as well as federal, state, and local laws, the Academy takes action to stop acts of sexual misconduct, provide supportive measures and prohibit retaliation. Reports of misconduct, questions regarding Title IX and concerns about noncompliance should be directed to the Title IX Team. We encourage our community to learn more by exploring the resources below.

Gahbaie Jobity Ph.D
Title IX Officer
Director of Human Resources
111 Franklin Street, New York, NY 10013
gjobity@nyaa.edu
(212) 842-5129
(917)-795-5305

Statement of Equal Opportunity

The New York Academy is committed to the principle of equal opportunity and equal treatment for every prospective and current student in accordance with the law. It is the policy of the Academy not to discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, ancestry, national or ethnic origin or any other protected category in the administration of its educational policies, admissions policies, employment policies, scholarship and loan programs, and other Academy-sponsored programs and activities.

• SEXUAL MISCONDUCT POLICY
• NON-DISCRIMINATION POLICY
• SUPPLEMENTAL WORKPLACE SEX-BASED HARASSMENT POLICY

The New York Academy of Art is committed to providing a working, learning, and living environment free from unlawful discrimination and harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its members. The Academy does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, military status, marital status, partnership status or any other legally protected characteristic, in admissions, financial aid, or employment, or in the administration of any Academy program or activity.

Consistent with its commitment and with applicable laws, the Academy prohibits discrimination on the basis of membership in a protected class, discriminatory harassment, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence and stalking and further prohibits knowingly assisting another in committing such an act. The Academy is committed to provide those who feel that they have been subjected to conduct in violation of this policy with mechanisms for seeking redress and resources for support. Accordingly, the Academy prohibits retaliation against any person for complaining of a violation of this Policy or for participating in any investigation or proceedings related to an alleged violation. Community members are protected from sexual misconduct regardless of their sex, sexual orientation, immigration status, citizenship status or national origin, or any other protected characteristic.

Report a Complaint

If you are in immediate danger, dial 911 and attempt to get to a safe place. Members of the Academy Community should report incidents to a Responsible Employee. Formal complaints may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to the Academy’s Title IX Coordinator Gahbaie Jobity Ph.D, 111 Franklin Street, New York, NY 10013 or (212) 842-5129 or gjobity@nyaa.edu.

A Responsible Employee is an individual designated by the Academy to respond on the Academy’s behalf to allegations of violations of this Policy. A Responsible Employee is a Non-Confidential Resource. The Academy encourages reporting directly to either the Title IX Coordinator or to the Title IX Team, President, Provost, CFO, Administrative Directors, Vice President of Development, Faculty Chair(s), and Full-time and Adjunct Faculty, each of whom is a Responsible Employee. An individual who reports an incident to an Academy employee or office other than one of the Responsible Employees listed above risks that the information may not be acted upon by the Academy. Therefore, a person who wishes for the Academy to take action is strongly encouraged to report to one of the offices listed above.

Title IX Team

Gahbaie Jobity Ph.D
Title IX Officer
Director of Human Resources
111 Franklin Street, New York, NY 10013
gjobity@nyaa.edu
(212) 842-5129
(917)-795-5305

Tim Buckley
Title IX Investigator, Operations Manager
111 Franklin Street, New York, NY 10013
tbuckley@nyaa.edu
(212) 842-5969

Resources & Support

If you are in immediate danger, dial 911 and attempt to get to a safe place. Referral services provided by the Academy are available to all students. External agencies generally provide free consultation and crisis services but may require use of insurance or payment of fees for other services. The Title IX Coordinator and/or Director of Student Affairs will work with any student to address financial issues or concerns and ensure that costs are not a barrier to support of treatment.

MEDICAL ATTENTION AND EVIDENCE PRESERVATION

If you are in immediate danger, dial 911 and attempt to get to a safe place. The preservation of evidence in incidents of sexual assault is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time-sensitive. Victims of sexual violence, including sexual assault, dating violence, domestic violence, and stalking, are encouraged to seek prompt medical attention and to report the incident to the police. To gain assistance in getting to an emergency room, a victim can call 911 or notify the Academy’s Director of Campus Security, security guards or a Title IX Team member.

Recommended Actions for Preserving Evidence

1. Seek forensic medical assistance at a hospital, ideally within 120 hours of the incident (sooner is better).
2. Avoid showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
3. Try not to urinate.
4. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
6. Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

Medical assistance is available at local hospitals including NewYork-Presbyterian Lower Manhattan Hospital and Lenox Hill Hospital Greenwich Village. Individuals may also access confidential support through off-campus resources such as Safe Horizon, National Sexual Assault Hotline at (800) 656-HOPE, and National Domestic Violence Hotline at (800) 799-7233.

Student Representatives elected by the student body operate under the advisement of the Director of Student Services. First year and second year students select three representatives each and CFA students select one. The seven student representatives meet with members of the administration as requested, including the Director of Student Services, Faculty Chair, Provost, President and the Operations Manager, to discuss curricular, academic, facilities and social issues.

Constitution of the New York Academy of Art Student Artist Council can be found in the Student Handbook.

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