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Policies of Conduct and Standards

  • Code of Conduct

    Bank Street College of Education prepares teachers, administrators, supervisors, museum educators, and child life professionals. The Graduate School makes every attempt to admit students whose values and behavior reflect the humanistic and reflective values of the institution. All members of the academic community are expected to behave in ways that are consistent with thoughtful understanding of the needs and interests of others.

    The Code of Conduct and a due process procedure are meant to ensure the protection of students and their rights. Accordingly, Bank Street College of Education construes the following acts to be violations of the Graduate School Code of Conduct:

    • Acts that recklessly or intentionally endanger mental or physical health;
    • Acts that are harmful to others, including intentional obstruction of others’ rights, sexual assault, abuse, discrimination, or harassment;
    • Willful destruction of College property;
    • Appropriating College property;
    • Disturbing the peace;
    • Violations involving illegal possession, use, or sale of alcohol or drugs;
    • Language indicative of strong disregard of a group; and
    • Inappropriate or punitive actions toward children or adults, including verbal or physical abuse.

    If a member of the College community observes any of these violations, s/he is expected to report them in writing to the Dean of the Graduate School. The statement should specify the allegations, the person(s) involved, and provide a brief description of the circumstances. The Dean will respond with the formation of an Individual Review Committee (description found in this handbook), which will be convened as soon as possible but in no case more than thirty days after the written complaint is received. Violations of the Code of Conduct may result in suspension, expulsion, or other appropriate disciplinary action in addition to any penalty pursuant to the penal law. Violations for illegal drug or alcohol use may result in loss of financial aid. (For more information about violations of the Code of Conduct, what constitutes sexual harrassment, and the recently enacted Enough Is Enough regulations, see Bank Street College: Campus Safety and Law Enforcement on the College’s website.)

    Student Bill of Rights

    All students have a 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 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 College, any student, the accused and/ or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
    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.
  • Drug-Free Schools and Communities Policy

    In full recognition of the detrimental effect substance abuse can have on both work and studies, Bank Street College has established this policy in order to reaffirm its longstanding prohibition against the unlawful use of controlled substances. This policy is also issued in accordance with the Federal legislation known as the Drug-Free Schools and Communities Act Amendments of 1989. Additional information can be obtained in the Office of Human Resources.


    Policy Statement

    Bank Street College prohibits employees and students from the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs and/or alcohol on School property or while conducting College business. This policy includes School activities taking place on or off Bank Street property, including driving to and from College-related activities.

    Alcoholic beverages may be served at Bank Street College events/activities on or off School premises, but are not to be served to anyone under 21 years of age.

    Penalties

    Students who violate this policy will be subject to appropriate disciplinary action. Depending on the nature and severity of the violation, possible sanctions may include reprimand, written warnings, probation, suspension, discharge, expulsion, and/or possible loss of financial aid eligibility.

    Graduate students should refer to the Code of Conduct and due process procedure for addressing alleged violations of the code, which is described in this handbook.

    This policy will undergo a biennial review by an appointed committee to determine its effectiveness, implement needed changes, and ensure that disciplinary sanctions are consistently enforced.

    Legal Sanctions

    Local, State, and Federal law prohibit the unlawful possession, use, or distribution of illicit drugs. The possession or use of alcohol by students or staff under 21 years of age is prohibited by New York State. No student, staff, or faculty will illegally manufacture, sell, possess, or use controlled substances as defined by New York State or Federal law. The introduction of drug paraphernalia including, but not limited to, bongs, water pipes, roach clips, or hypodermic needles (not specifically for the administration of prescribed medications) is specifically prohibited on the premises.

    Copies of Federal Trafficking Regulations and New York State violations and regulations are on file in the Office of Human Resources.

    Alcohol: Uses and Effects

    Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spousal and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

    Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and the liver.

    Women who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than other youngsters.

    Student Assistance

    Below are some of the counseling and rehabilitation programs available in this area. For further information or other drug counseling, rehabilitation, and related programs available, see the Director of Human Resources.

    Inter-Group Association of Alcoholics Anonymous of New York
    307 Seventh Avenue, Room 201
    New York, NY 10001
    212-647-1680 (meeting information) www.nyintergroup.org


    Alcohol Treatment and Referral Network
    800-ALCOHOL (24-hour hotline)
    www.800alcohol.com


    Daytop Village-Manhattan Adult Outpatient Medical Services
    500 Eighth Avenue
    New York, NY 10018
    212-904-1500  /  www.daytop.org


    National Drug Information Treatment and Referral Hotline
    800-662-4357 (24-hour hotline)


    Stuyvesant Square Chemical Dependency
    Services at Beth Israel Medical Center
    212-420-4545  /  www.wehealny.org/services/bi_stuysq


    The Addiction Institute of New York
    1000 Tenth Avenue
    New York, NY 10019
    212-523-6491  /  www.addictioninstituteny.org

    Confidentiality

    All discussions with students and records related to the Drug-Free Schools and Community Act will be kept strictly confidential.

  • Professional Standards

    In the Graduate School, instances may arise in which one or more faculty members judge that a student lacks the academic and/or personal qualities necessary for continuing course work or completion of studies leading to a degree, program of study, or course work on a non-matriculated basis. The College reserves the right to dismiss the student or suspend his/her enrollment in supervised fieldwork/advisement and/or course work for nonacademic, as well as, academic performance reasons. The problem may be one of plagiarism, verbal or physical abuse, excessive absences, inappropriate classroom or fieldwork setting behavior, violations of the Code of Conduct, or other questions regarding a student’s professional conduct. The faculty or staff reports such problems to the Associate Dean of Academic Affairs (or in his/her absence the Associate Dean of Administration), who will review the circumstances with colleagues and the student and take action. One outcome may be that a student is asked to discontinue his/her studies. If the student is dismissed s/he has the right to request that the Dean of the Graduate School convene an Individual Review Committee (IRC) to review the case. This appeal must be made in writing to the Dean of the Graduate School within 60 days of the date of the dismissal letter. The IRC reviews the circumstances and allegations and makes a recommendation to the Dean of the Graduate School. The Dean of the Graduate School makes the final decision concerning student dismissal, reinstatement, or possible disciplinary action.

  • Plagiarism

    Plagiarism is the use of another person‘s ideas, words, or theories as one‘s own–or without citation–in an academic submission. All scholarship must rest on honest academic effort:

    • All work submitted must be original
    • Any reference to another person‘s work (including ideas, theories, or concepts) must be cited explicitly
    • Work presented as actual experience cannot be invented or fabricated

    Since academic honesty is a central institutional value to Bank Street College of Education, any direct or indirect infringement to this value by means of plagiarism is taken seriously. In an instance where an instructor suspects that the work submitted by a student is entirely or partially plagiarized, the following steps will be followed:

    Step 1:

    The instructor will report the suspected academic violation, with appropriate evidence, to the Associate Dean for Academic Affairs.

    Step 2:

    The Associate Dean will confer with the instructor to review the evidence and make a determination as to whether the incident warrants further investigation. The Associate Dean may make a determination at this point that no further action need be taken.

    Step 3:

    If the Associate Dean determines that further action is warranted, s/he will meet with the student as well as the instructor and the advisor, and/or program director and chair to discuss the allegation and to provide the student with an opportunity to describe his/her process of research and writing of the material in question.

    Step 4:

    Following a review of the evidence and deliberation described in Step 3, the Associate Dean will make one of the follow determinations:

    • Option 1: The student may be required to redo the paper or complete an additional assignment. Should this process extend beyond the final session of the course, the student may request a grade of Incomplete. In this case, all policies and procedures related to a course grade of Incomplete shall apply. Students may appeal this decision to the Committee on Academic Standing;
    • Option 2: The student may be given a grade of No Pass (NP). In this case, all policies and procedures related to a course grade of NP shall apply. Students may appeal this decision to the Committee on Academic Standing;
    • Option 3:  The Associate Dean may determine that the student’s behavior has violated the Professional Standards of the College as described in the Student Handbook, and that the student should be dismissed  from his/her academic program. The Associate Dean will provide notification of this decision, in writing, to the student and the Registrar of the College. The student may appeal this decision by requesting that the Dean convene an Individual Review Committee following procedures described in this Student Handbook.
  • Individual Review Committee

    When an Individual Review Committee (IRC) is convened, it is generally composed of a member of the administrative staff and one to two faculty members. The Dean appoints the IRC, selects a date for a review of the case, and informs the individual to expect to hear from the Committee. An IRC will be convened within thirty days after a written report alleging a violation of the Code of Conduct, or within thirty days after a request from a student to convene an IRC.

    It is the task of the Committee to read the report, meet with the individual(s) who wrote it, and meet with the person alleged to have violated the Code of Conduct or Professional Standards expectations. The person accused may bring another person to the meeting with the IRC. The Individual Review Committee then decides whether the Code of Conduct or Professional Standards expectations have been violated. At the conclusion of their deliberations, the IRC meets with the Dean to report its findings; the Dean then makes and implements the final decision about violation and disciplinary action. The Dean will notify the affected individual within five working days from the date s/he meets with the IRC to discuss findings.

  • Committee on Academic Standing for Academic Grievances

    Occasionally, differences occur between graduate students and advisors or course instructors about course grades, evaluation of supervised fieldwork, or participation in advisement. Students are encouraged to resolve such problems directly with the individual advisor or instructor. If the difficulty cannot be resolved in this way, the following formal grievance procedure should be followed:

    1. The student discusses the problem with the program director or chair of the department (if discussed with the program director, the program director alerts the chair).
    2. The program director or chair discusses the issue with the involved faculty member (and the student’s advisor, if appropriate). The director or chair prepares documentation and notifies the student in writing of his/her recommendation.
    3. If the student deems the problem still unresolved, the student may write a report and submit it to the Chair of the Committee on Academic Standing, Wendi Williams, wwilliams@bankstreet.edu. The report should include:
      •     A one-page maximum description identifying the grievance, including date and place where applicable
      •     Name of person against whom the grievance is being filed
      •     Evidence to support grievance
      •     Outcome desired by student
    4. The Committee on Academic Standing reviews the report and the issue with the student (and an outside person if desired) either together or separately with the faculty member.
    5. The Committee on Academic Standing makes a decision and shares it in writing with the student, the faculty member, the program director, department chair, Associate Dean for Academic Affairs, and Dean. The written notification will be issued within 10 working days of the meeting. The Associate Dean for Academic Affairs is responsible for retaining records for six years. The decision of the Committee on Academic Standing is deemed final.
  • Other Student Complaints

    Difficulties with program structures, schedules, or other issues should first be discussed informally with a student’s advisor or program director. If unresolved, they should then be communicated in writing to a student’s program director with copies to the department chair and the Associate Dean for Academic Affairs. Written responses documenting the complaint and its resolution will be shared with the student within thirty days, and records will be maintained by the Associate Dean for Academic Affairs who will also create an annual summary of these formal complaints and the responses to them.

Enough is Enough

  • Requirements of the New York Education Law Article 129-B (Enough is Enough)

    On July 7, 2015, NYS Governor Andrew Cuomo signed the “Enough is Enough” legislation to combat sexual assault on college and university campuses. The new law requires all colleges to adopt a set of comprehensive procedures and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy and expanded access to law enforcement to ensure the safety of all students attending colleges in New York State.

  • Affirmative Consent Definition

    Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or 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.

  • Key Definitions
    • Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.
    • Sexual assault is any sexual act committed against a person without their consent. Consent is a voluntary, verbal agreement between equal and unimpaired partners, without coercion.
    • Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
    • Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship would be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence would include, but would not be limited to, sexual or physical abuse or the threat of such abuse.
    • Stalking involves a course of conduct directed at a specific person that involves repeated (two or more occasions) visual or physical proximity, nonconsensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear or substantial emotional distress. Stalking behaviors also may include persistent patterns of leaving or sending the victim unwanted items or presents that may range from seemingly romantic to bizarre, following or laying in wait for the victim, damaging or threatening to damage the victim's property, defaming the victim's character, or harassing the victim via the Internet by posting personal information or spreading rumors about the victim.
    • Bystander is a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.”
    • Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
    • Accused is a person accused of a violation who has not yet entered an institution’s judicial or conduct process.
    • Respondent is a person accused of a violation who has entered an institution’s judicial or conduct process.
    • Reporting Individual shall encompass the terms victim, survivor, complainant, claimant, witness with victims status, and any other term used by an institution to reference an individual who brings forth a report of a violation.
    • Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate institution officials.
    • Title IX Coordinator: Every school or school district that receives federal funding is required to designate and/or adequately train at least one employee to coordinate the Title IX responsibilities. Wendi Williams, Associate Dean for Academic Affairs is the Title IX Coordinator for the Graduate School.
  • Code of Conduct Principles
    • 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 and/or alcohol.
    • Consent may be initially given but withdrawn at any time.
    • Consent cannot be given when a person is incapacitated.
      • A person is incapacitated, when the person lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual cannot otherwise consent. Depending on the level of intoxication a person may be incapacitated and therefore unable to consent.
    • Consent cannot be given when it is the result of coercion.
    • When consent is withdrawn or can no longer be given, sexual activity must stop.
  • Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases

    Amnesty Guarantee

    The health and safety of every student at Bank Street is of utmost importance. Bank Street 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 maybe hesitant to report such incidents due to fear of potential consequences for their own conduct. Bank Street strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials.

    A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Bank Street’s officials or law enforcement will not be subject to Bank Street’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

  • Students’ Bill of Rights

    All students have a right to:

    1. Make a report to local law enforcement 1. 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 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.
  • Privacy Statement

    Even Bank Street offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

Enough is Enough Policies and Procedures

Bank Street is committed to ensuring a safe learning environment for all students that is free of acts of sexual assault, sexual violence, harassment and other forms of sexual misconduct in accordance with the requirements of New York State Article 129B (Enough is Enough). Bank Street offers a Student Empowerment training module available for all students, faculty, and staff.

  • Bank Street College Sexual Misconduct Policy and Procedures

    For the complete policy and procedures, download:

    Bank Street College Sexual Misconduct Policy and Procedures

  • Rights of Reporting Individual

    All reporting individuals have the right to:

    • Notify Bank Street security, local law enforcement, and/or city/state police;
    • Have emergency access to a Title IX Coordinator, or other appropriate official, trained in interviewing victims of sexual assault, who shall be available upon the first instance of disclosure to provide certain information;
    • Disclose the incident confidentially to a Bank Street representative who can offer confidentiality and can assist in obtaining services;
    • Disclose the incident confidentially and obtain services from state or local government;
    • Disclose the incident to a Bank Street representative who can offer privacy and can assist in obtaining resources;
    • File a report of sexual misconduct and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance;
    • Disclose the incident to Bank Street’s Human Resources (HR) office or request that a confidential or private employee assist in reporting to HR where the accused is an employee;
    • Receive assistance from appropriate Bank Street representatives in initiating legal proceedings in family court or civil court;
    • Have access to information related to confidential disclosure, and
    • Withdraw a complaint or involvement from Bank Street’s process at any time.
  • Informational Rights

    Reporting individuals will be provided the following information:

    • Privileged and confidential resources as well as information about counselors and advocates (see below);
    • A plain language explanation of confidentiality and how the request will be weighed;
    • Options as to how to proceed;
    • Importance of preserving evidence and of a sexual assault exam (see below—Enough is Enough Resources and Links—Privileged and Confidential Medical Resources);
    • Determination by law enforcement if incident violated criminal law;
    • Whether office is authorized to offer confidentiality or privacy;
    • Resources that provide confidentiality versus privacy (see below—Enough is Enough Resources and Links—Privileged and Confidential Medical Resources);
    • If the accused is an employee, the right to disclose the incident to human resources or to have a confidential or private employee assist in reporting to human resources;
    • Right to receive assistance from Bank Street in initiating proceedings in family or civil court;
    • Right to withdraw the complaint or involvement from institutional process at any time;
    • Information pertaining to public advocacy and awareness events;
    • Existing and available methods to anonymously disclose;
    • Institutional crime reporting obligations;
    • Mental health counseling and medical services (see Student Handbook, page 10, and see below—Enough is Enough Resources and Links—Privileged and Confidential Medical Resources);
    • Information regarding sexually transmitted infections and sexual assault forensic examinations; and
    • Resources available through NYS Office of Victim Services.
  • Confidentiality and Privacy

    Confidentiality

    • Confidentiality varies, and this document is aimed at helping reporting individuals understand how it applies to different resources.
    • Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances such as health and/or safety emergency.  Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others.  

    Privacy

    • College offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible.
    • The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systematic issues.
  • Procedural Rights

    If it is determined that an investigation is necessary, the reporting individual will be informed and then immediate action necessary to protect and assist the reporting individual will be taken.

    Rules Governing the Participation of Advisors

    • The respondent, accused and reporting individual have the right to an advisor of choice to assist and advise him/her throughout the conduct process, including at meetings and hearings.

    Amnesty

    The health and safety of every student at Bank Street is of utmost importance. Bank Street 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. Bank Street strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Bank Street officials or law enforcement will not be subject to Bank Street’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

    Case Materials and Appeals

    • Access to evidence in case file.
    • Right to at least one level of appeal.
    • Right to make an impact statement at the sanction phase.
  • Rights Of Students During Judicial/Conduct Proceeding

    All students are afforded the following:

    • Right to request that a student conduct charge be filed.
    • Right to a process, in sexual misconduct cases, that includes at a minimum:
      • Notice describing the date, time, location and factual allegations, a reference to the specific code of conduct provisions alleged to have been violated and possible sanctions;
      • An opportunity to offer evidence during an investigation and to present evidence and testimony at a hearing and have access to a full and fair record of any such hearing;
      • Access to at least one level of appeal.

    Throughout the proceeding students have the right:

    • To be accompanied by an advisor of choice;
    • To a prompt response to a complaint;
    • To have the complaint investigated;
    • To have the complaint adjudicated by an individual who has received training in conducting investigations of sexual misconduct;
    • To an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard;
    • To an investigation conducted by individuals without a conflict of interest;
    • To have Bank Street’s investigation process run concurrently with criminal justice investigation and proceedings;
    • To review and present available evidence in the case file;
    • To exclude their own prior sexual history with persons other than party or their own mental health diagnosis and/or treatment from admittance in Bank Street’s disciplinary stage;
    • To be provided advance notice of any meeting he/she is required or eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanctions that may be imposed;
    • To make an impact statement when the decision maker is deliberating on appropriate sanctions;
    • To simultaneous written or electronic notification of the outcome of a judicial or conduct process, including sanctions;
      • The hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanctions imposed.
    • To be informed of the sanctions that may be imposed and the rationale for the sanctions actually imposed;
    • To choose whether to discuss or disclose the actual outcome of the judicial process; and
    • To have all the information obtained during the course of the conduct process be protected from public release until the appeals panel makes a final determination (unless otherwise required by law).      

    Respondent’s rights and requirements

    • The respondent is afforded a presumption that he/she is not responsible until a finding of responsibility is made.
    • When a no contact order has been issued, the respondent must remove him/herself from the situation when the reporting student is present.
    • The respondent has the right to seek a review of the no contact order.
  • Transcript Notations

    For crimes of violence as defined in the Clery Act, including but not limited to sexual violence, institutions must make a notation in the student’s transcript.

    The notation must state that the student was:

    • "Suspended after a finding of responsibility for a code of conduct violation” or
    • “Expelled after a finding of responsibility for a code of conduct violation” or
    • “Withdrew with conduct charges pending”

    Transcript notations policies:

    • Notations cannot be removed prior to one year after the conclusion of the suspension.
    • Notations for expulsion can never be removed.
    • If a finding of responsibility is vacated for any reason, the transcript notation will be removed.

Enough is Enough Resources and Links

  • Preserving Evidence and Sexual Assault Exam

    Victims are advised that the best way to preserve evidence of sexual assault is to avoid bathing or washing yourself before being examined. You should not take a shower, wash hands or face, comb your hair, or douche. Normal everyday behavior, such as going to the bathroom, can destroy or remove evidence of sexual assault; you should try to avoid doing so, if possible.

    Similarly, you should try not to smoke or drink anything. Altering your appearance can hide bruising or lacerations that can be cited as evidence when pressing charges. It is best not to apply make-up or any other substance that can change your appearance.

    Evidence of the assault can be found in the fibers of your clothes, strands of your hair, or on other parts of your body, so it is important to try your best to preserve as much evidence as possible. Clothing, towels, sheets and other items should not be washed or moved, if possible.

    The clothing worn at the time of the assault should be brought to the hospital in a sanitary container, such as a paper bag or a clean sheet. If the clothing worn at the time of the assault is still being worn, it is advisable to bring a change of clothes to the hospital, if possible.

  • Privileged and Confidential Medical Resources

    Hospitals

    Mount Sinai Medical Center Sexual Assault and Violence Intervention Program (SAVI)
    One Gustave Levy Place
    (212) 423-2140
    www.mssm.edu/SAVI

    New York-Presbyterian/Lower Manhattan Hospital
    170 William Street
    (212) 312-5000
    www.nyp.org/lowermanhattan
    *Available 24/7

    New York Presbyterian Hospital/Columbia Campus
    622 West 168th Street New York, NY 10032
    212-305-2500
    Domestic and Other Violent Emergencies Program
    622 W 168th St., HP2 New York, NY 10032
    212-305-9060

    New York Presbyterian Hospital/Weill Cornell Medical Center
    525 East 68th Street New York, NY 10065
    212-746-5454

    Bellevue Hospital Center
    462 First Avenue
    New York, New York 10016
    General Information number: 212-562-4141
    Emergency Room (Adult): 212-562-4347
    Rape Crisis Program
    First Ave. & 27th St. C&D Building, 4th Floor, Rm 408
    New York, NY 10016
    212-562-3755

    Beth Israel Medical Center, Petrie Division
    16th Street and 1st Avenue
    New York, NY 10003
    General Number: 212-420-2000
    Emergency Services 212-420-2840
    Rape Crisis & Domestic Violence Intervention Program
    Dept. of Social Work 317 E 17th St.
    New York, NY 10003
    212-420-4516

    Harlem Hospital Center
    506 Lenox Avenue
    New York, New York 10037 212-939-1000
    Center for Victim Support
    Harlem Hospital Center, R. 6111 MLK
    506 Lenox Ave.
    212-939-4621
    Hotline: 212- 939-4613

    St. Luke’s-Roosevelt Hospital
    Roosevelt Hospital
    1000 Tenth Avenue at 58th Street
    212-523-4000
    St. Luke’s Hospital
    1111 Amsterdam Avenue at 114th Street
    212-523-4000
    Crime Victims Treatment Center
    411 W 114th ST., Suite 2C
    212-523-4728

    New York City Alliance Against Sexual Assault

  • Complete List of Off-Campus Resources

    For a complete list of off-campus resources, download:

    Off-Campus Resources

Parents of Students

Bank Street complies with all requirements of Education Law Article 129B: Enough is Enough. Information on sexual and interpersonal violence can be found above under the heading Enough is Enough.