Policy and Procedure for Transcript Notations for Violent Crimes

I. Purpose

The purpose of this policy is to set forth the circumstances for notating the transcripts of students who are suspended or expelled following a finding of responsibility for crimes of violence, including but not limited to sexual violence. 

II. Policy

Pursuant to Article 129-B § 6444(6) of the New York State Education Law, when a student is found responsible through the College’s conduct process for Crime(s) of Violence, a notation shall be placed on the student’s transcript.

III. Scope

This policy applies to all students in all Touro University System schools located in New York State, including New York Medical College.

IV. Definitions

Crime(s) of Violence shall have the same definition as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII).

V. Procedures

A. The Office of the Registrar shall make a notation on the transcript of students found responsible after a conduct process for a Crime of Violence that they were “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.” The Registrar shall make such a notation after being advised of such a conduct finding in writing by the Office of Institutional Compliance.

B. For a student who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, NYMC shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Conduct charges are considered “pending” once a student is informed in writing that there are allegations that the student may have violated the College policies.

C. A student who was expelled or withdrew with such notifications on their transcripts will leave the College with the status “not in good standing” and will be ineligible for readmission to the College, absent any vacating of a finding of responsibility.

D. A student whose transcript contains a notation for a suspension may appeal, in writing, to the appropriate school Dean to have the notation removed, provided that:

i. One year has passed since the conclusion of the suspension;

ii. The term of suspension has been completed and any conditions thereof; and

iii. The appropriate Dean has determined, through consultation with standard school processes, that the student is once again “in good standing” with all applicable College and academic and non-academic standards.

E. Notations of “expelled after a finding of responsibility for a code of conduct violation” or “withdrew with conduct charges pending” are ineligible for appeal to have the notation removed.

F. If definitive proof a student respondent’s non-responsibility can be determined, any such transcript notification shall be removed. Only definitive proof can vacate a finding a responsibility. A not-guilty verdict in a criminal court is not, in itself, definitive proof of non-responsibility, nor is a failure to prosecute. If there is a student complainant in the conduct process, the College will notify the student complainant, and the student complainant will have an opportunity to be heard if a respondent provides definitive proof resulting in vacating a responsibility determination.

VI. Effective Date

This policy is effective immediately.

VII. Policy Management

Responsible Executive: Vice President and Chief Financial Officer
Responsible Office: Office of the Registrar