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Sexual Misconduct Policy and Procedures

VIII. How the University Will Respond to Reports

Complaints to the University will be investigated immediately upon receipt. The investigation will be thorough, reliable, and impartial. Both parties will have an equal opportunity to provide the names of relevant witnesses and other information to the investigator who will weigh the reliability and credibility of information obtained. The complainant has the right to withdraw the complaint and their involvement in the process at any time. The University reserves the right to conduct its own investigation and proceedings notwithstanding the status or resolution of any civil or criminal proceedings or in the interest of the community. See VII (B)(2) Not Honoring a Request to Not Investigate.

A. Interim Measures and Orders of Protection (Restraining Orders)
Remedial Action and Remedies appropriate to the nature and severity of any misconduct found will follow.

Interim measures may be imposed if requested or if the University deems them necessary to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. Individuals may also request and obtain reasonable and available interim measures and accommodations that effect a change in academic, extracurricular, housing, dining, employment, transportation, or other applicable arrangements. Both the complainant and respondent shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.

Factors determining which interim measures the University will take may include: the specific needs expressed by the complainant; the age of the students involved; the severity or pervasiveness of the allegations; whether the complainant and respondent share the same residence hall, class, or job locations; and whether other court ordered judicial measures have been taken to protect the complainant.

In the event the respondent is determined to present a continuing threat to the health and safety of the community, the respondent may be subject to an interim suspension pending the outcome of the conduct process. Both the respondent and complainant may request a review of the need for and terms of the interim suspension, including potential modification, and will be allowed to submit information in support of their request, subject to applicable handbooks, bargaining agreements, etc. for non-students.

University No Contact Restriction: After a complainant reports a complaint of sexual
misconduct to the Title IX Coordinator, Deputy Title IX Coordinator, Deans of Students, or the Department of Public Safety, a no contact restriction will typically be put in place between the complainant and the respondent. A no contact restriction is a directive prohibiting contact between or among designated individuals through any means, direct or indirect, including personal contact, email, telephone, text message, social media, or by means of a third party.

  • The Title IX Coordinator, Deputy Title IX Coordinator, Deans of Students, Department of Public Safety or designee will issue verbally and/or in writing a directive restricting contact between the complainant and the respondent.
  • An individual who wishes to report a violation of a no contact restriction can contact the issuing office during business hours, the Department of Public Safety and/or his or her administrative support person, where applicable. If the respondent and the complainant observe each other in a public place, it shall be the responsibility of the respondent to leave the area immediately and without directly contacting the complainant.  Individuals who violate a no contact restriction are subject to further disciplinary charge of retaliation and violating the no contact restriction order and subject to adjudication and possible discipline.
  • Both the respondent and complainant will, upon request and consistent with our policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measures, no contact restrictions, and accommodations, including potential modification, and will be allowed to submit evidence in support of his or her request. The Title IX Coordinator, Deputy Title IX Coordinator,
    Deans of Students or designee will determine within a reasonable timeframe whether there will be any modification.

Orders of Protection Issued by Criminal Courts and Civil (including Family) Courts: In addition to a University’s No Contact Restriction issued by the University to University community members, victims of stalking, dating and domestic violence, or any other violence/crime can seek orders of protection from both the family and criminal courts.

The Department of Public Safety or another designated University staff member is available to assist in obtaining a government court issued order of protection (or, if outside New York State, an equivalent protective force or restraining order) and explain the consequences of violating such an order, including but not limited to arrest, additional conduct charges, and interim suspension. The parties are entitled to receive a copy of the order of protection or equivalent when received by the University and have an opportunity to speak with a Department of Public Safety representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons. An individual may receive assistance from the Department of Public Safety in effecting an arrest when an individual violates such an order.

Delay or Denial of Degree Award: During the period disciplinary charges are pending against a student, the University may deny and/or delay issuance of a degree. Further, the University may refuse to issue a degree to a student who is serving a suspension or has been permanently dismissed from the University.

B.   The University’s Internal Investigation and Conduct Process

If a person chooses to proceed with an internal University process using these Sexual Misconduct Policy and Procedures, there are two options:
(1) An Informal Approach to Resolution
         *Not to be used when there is sexual violence (or) any forcible touching or by Third Parties; Or
(2) A Formal Approach to Resolution

1. Informal Approach to Resolution
*Not to be used when there is sexual violence (or) any forcible touching or by Third Parties.

Any complaint and resolution reached through the informal process still must be reported to the Title IX Coordinator for the University.

A complainant who wishes to file a complaint but who does not wish to pursue Formal Resolution may request a less formal proceeding, known as “Informal Resolution.” While the Informal Resolution process is not as structured as the Formal Resolution process, it can be an effective and appropriate means to deal with the complaint. The Informal Resolution procedure is not available for complaints of sexual violence.

If the complainant wishes to proceed with Informal Resolution, the Title IX Coordinator or Dean of Students, or his or her designee, will ascertain the name of the respondent, and the date, location, and nature of the alleged sexual misconduct, and, will schedule an individual intake meeting with the respondent in order to provide him or her with a general understanding of the Policy.

The complainant and the respondent each may bring an Advisor of Choice to the Informal Resolution. Advisors of Choice are subject to the same restrictions set forth in the Policy where they do not actively participate during the informal process. A trained counselor, trained mediator, or, if appropriate, a University faculty member or administrator, will preside over the Informal Resolution and may be assisted by another member of the senior staff of the University or outside expert.

If, in the course of the Informal Resolution, the respondent admits to violating the Policy, that admission will serve as a finding of responsibility after an independent investigation into the matter by the University. The University will not impose sanctions on the basis of an admission (by the respondent) without an independent investigation into the alleged misconduct. The Dean of Students, Human Resources or appropriate Vice President, or his or her designee, will recommend one or more sanctions, which the respondent can accept or reject. The sanctions that may be imposed as the result of the Informal Resolution process are the same as those outlined in the Formal Resolution process below. If the recommended sanction(s) is accepted, the process is concluded. If it is rejected, the complaint will proceed to the Formal Resolution process.

Participation in the Informal Resolution process is voluntary. The University will not compel a complainant or a respondent to engage in Informal Resolution, or directly confront the respondent, and will allow a complainant or respondent to withdraw from the Informal Resolution process at any time, where appropriate. The University may, at any time, elect to end such proceedings and initiate Formal Resolution instead. Pursuing Informal Resolution does not preclude later use of Formal Resolution if the Informal Resolution fails to achieve a resolution acceptable to the parties and the University. Statements or disclosures made by the parties in the course of the Informal Resolution may be considered in the Formal Resolution. In the event a complainant or a respondent wishes to proceed to the Formal Resolution process, he or she must provide written notification to the Title IX Coordinator.

Informal Resolution may result in the imposition of protective actions agreed upon by the parties, or (with or without such agreement) based on information derived from the Informal Resolution taken together with any other relevant information known to the University at the time of the Informal Resolution.

2. Formal Approach to Resolution:

In all matters of sexual violence, in matters the University decides must be handled formally, if a matter cannot be resolved through the informal approach, or if the complainant chooses not to proceed informally, or if the complainant is a third party, the complainant may seek the assistance of Public Safety as the official investigator and fact finder for each campus. The results of this investigation are passed to the Deputy Title IX Coordinator or the Dean of Students (or the Dean’s designee) for student respondents and the Title IX Coordinator for all other respondents who will follow the appropriate adjudication proceedings.

The Department of Public Safety will handle complaints impartially and objectively, perform fact-finding, and will follow certain procedures. If there is a significant conflict of interest where the investigator cannot be impartial, another investigator will conduct the investigation. The Department of Public Safety evaluates information based upon the nature and context of the conduct after assessing the credibility of witnesses and weighing the relevant information learned.

Those involved in the investigation and conduct process receive training, at least annually, on the issues relating to sexual misconduct, including sexual harassment, dating violence, domestic violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

Notification of Proceedings and Meetings:
Once an initial investigation has been conducted showing that a more formal investigation is warranted (meaning the behavior in question may violate one of the Sexual Misconduct Policy and Procedures sexual misconduct covered by this policy), the complainant and respondent are:

  • Informed that there is a formal inquiry into the conduct in question;
  • Provided information as to the behavior that will be evaluated;
  • Informed of which provisions of the Sexual Misconduct Policy and Procedures the behavior being investigated may violate;
  • Informed of the possible sanctions;
  • Notified that they will be provided the time and place for all meetings in relation to the conduct process.

The University will ensure that every student is afforded the right to a process in all student conduct cases where a student is accused of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the University’s code of conduct, that includes, at a minimum: (1) notice to a respondent describing the date, time, location and factual allegations concerning the violation, (2) a reference to the specific code of conduct provisions alleged to have been violated, and (3) possible sanctions. Students are entitled to receive written or electronic notice, provided in advance, of any meeting they are required to or are eligible to attend.

Time Frame for Investigation, Conduct Process and Resolution:
While the time to resolve a reported incident will vary from case to case, depending on the specific facts and circumstances, it is expected that in most cases, complaints will be resolved within 60 days of the day the complainant requests that the University’s investigation and student conduct processes commence. If these processes will take longer than 60 days, both the complainant and the respondent will be notified in writing as to the delay and the reason for the delay. Delay can sometimes, but not always, be imposed by complexity of the incident/complaint, holiday closures of the University, breaks in the class schedule, midterm and final examinations, as well as the need to coordinate multiple parties for interview meetings and hearings.

Who Conducts the Investigation and Conduct Process:
Members of the Department of Public Safety are responsible for investigation of the facts/fact-finding process. The University may, at its discretion, designate another trained / experienced person(s) to act as the investigator, finder of fact, and/or adjudicator in a conduct process. If there is a designation, the parties involved will be informed.

  • In cases involving only students, the Deputy Title IX Coordinator, Dean of Students, or his or her designee serves as the Hearing Officer, completes the student conduct process and, if necessary, imposes appropriate student conduct sanctions.
  • In cases involving employees, faculty or third parties as Respondents, the Title IX Coordinator, or his or her designee, makes a finding of the facts and a recommendation for resolution, including recommending possible disciplinary sanctions to the appropriate University Vice President or designee. The officer receiving the recommendation has the authority and responsibility to impose discipline or other resolution he/she deems appropriate based upon the circumstances and severity of the findings of facts.

Advisor of Choice:
The respondent and complainant can each be accompanied by one Advisor of Choice who may assist, advise, and support the person throughout the conduct process and be present for related meetings or proceedings but cannot actively participate. The choice whether or not to invite an advisor is solely that of the complainant and respondent. An advisor may not participate in the conduct process in any other capacity in reference to the same incident, including, but not limited to, serving as a witness, co-complainant, or co-respondent.

The complainant/respondent is encouraged to provide the contact information of the Dean of Students to their advisor of choice in advance of the meeting or proceeding. The Deans of Students (student conduct proceedings) or Title IX Coordinator must be advised in writing that an advisor will be present at least 48 hours before the scheduled meeting or proceeding. This notification must include:

  • Full name and title of the advisor of choice
  • Contact information for the advisor of choice (phone, email and address)

If the advisor is an attorney, this must be disclosed to the University in advance. The University reserves the right to have its own legal counsel present during the conduct process.  If any advisor’s conduct is not consistent with these guidelines, he or she may be excluded from the conduct process. The availability of an advisor to attend a conduct meeting, interview or hearing shall not unreasonably interfere with or delay the proceedings.

Information and Evidence Used During the Conduct Process: The conduct process is designed to gather information to be used in the determination as to whether the conduct violated the University’s policy definitions for sexual misconduct.

     (A) Presumption of “Not Responsible” for Violating the Sexual Misconduct Policy:
The respondent is presumed not to have violated the policy until there is an outcome decision communicated. However, depending upon the circumstances of the initial allegation, the person can be suspended on an interim basis pending the outcome of the conduct process.  Additionally, other interim measures may be imposed upon the person, pending the outcome of the conduct process, depending upon the allegations and need for the University to keep the community safe and the complainant safe; these may include the issuance of a University No Contact Restriction (see Interim Measures above), change in housing, and / or other limitations.

     (B) The “Preponderance of Evidence” Standard of Review:
The evidentiary standard in determining the facts will be based upon a Preponderance of Evidence Standard, i.e. a finding that it is more likely than not that the alleged sexual discrimination and/or misconduct occurred or did not occur.

     (C) Opportunity to Review Evidence and Offer Information:
Both parties are provided an opportunity to review and present relevant evidence and information that will be used during the conduct meetings and proceedings, consistent with the University’s policies and procedures, where appropriate and in accordance with the federal state, and local laws including FERPA. The evidence must be relevant to the allegation as to permit a meaningful opportunity to respond and an opportunity to offer responsive evidence and information.

     (D) Prior Sexual History:
Past findings of domestic violence, dating violence, stalking or sexual assault may only be admissible in the conduct process stage in which the sanction is determined. A student’s prior sexual history or mental health diagnosis and/or treatment from admittance may not be introduced at the conduct stage of the resolution process where responsibility is determined.

     (E) Impact Statement:
Student respondents and student complainants are entitled to provide an impact statement if and when the Dean of Students, or his or her designee, is deliberating on any appropriate sanctions and, in any case, at least 48 hours in advance of the scheduled meeting to provide notification to complainants and respondents as to the outcome of the conduct process. Opportunities for similar impact statements will be provided for the complainants and respondents if the matter involves imposing sanctions upon faculty, staff or third party.

     (F) Possible Sanctions
Possible sanctions for employees include (but are not limited to) a letter of reprimand or warning letter, a reduction in pay, probation, suspension, termination of employment from the University or other appropriate sanctions.

Possible sanctions for students include (but are not limited to) a disciplinary reprimand, residence hall probation, suspension or expulsion from University housing, student life probation, university disciplinary probation, and suspension or expulsion from the University.

Notification of Outcome: Both the complainant and the respondent will be simultaneously advised in writing of the outcome, including:

  • Written notice of the findings of fact
  • Decision and any sanctions
  • Rationale for the decision and any sanctions
  • Information on how to file an appeal

An employee who is disciplined as a result of violating this policy will be informed by his or her Vice President or designee. The University does not provide any eyewitnesses or witnesses (other than the complainant and the respondent) with the outcome of the decision and resolution of the proceeding.

Disclosure of Outcomes: The University considers these matters confidential and does not publicly release underlying information regarding investigations unless required by law. Disclosures of facts to witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation shall be advised that maintaining confidentiality is essential to protecting the integrity of the investigation and will be advised that it is usually best to refrain from discussing the matter during the pending investigation. After the parties are provided with an outcome, either party can choose whether to disclose or discuss the outcome of the conduct process.

Remedies:
In addition to possible disciplinary or conduct sanctions, the University may also impose additional remedies if needed and where appropriate for the University community.

3. Appeal

All appeals will be conducted in a fair, impartial, and equitable manner by decision maker(s) free of any conflict of interest. A respondent and complainant can file a written appeal based upon: (1) a material procedural error that could significantly impact the outcome of a case; (2) a claim that the sanction is substantially disproportionate to the finding(s); or (3) material relevant evidence that was previously unavailable that could significantly impact the outcome of a case.

All respondents and complainants will be notified in writing of any appeal and the final outcome post-appeal.

     (A) Appeal when a Student is the Respondent.
Appeals must be presented in writing to the Senior Vice President of Student Affairs within 48 hours of notification of the sanction imposed. Both a complainant and respondent may file an appeal. The appeal is heard by the Student Conduct Review Council (SCRC) which is comprised of five members: two faculty members appointed by the President of the Faculty Senate, one of whom is appointed as chairperson; one administrator appointed by the Senior Vice President for Student Affairs; and two students appointed by the President of the United Student Government. In the event that the respondent or complainant are graduate students, the students on the SCRC will be appointed by the Dean of the particular graduate school. If the Chair of the SCRC determines that there is a conflict of interest with any panel member, that panel member will be excused and replaced by another panel member to ensure a fair and impartial proceeding.

The SCRC shall have the power to: uphold the decision of the Dean of Students; uphold the decision but change the sanction; or remand the case back to the Dean for further hearing. The decisions and sanctions of the SCRC are determined by majority vote, and are final and not appealable.

SCRC Appeal Review Process

  1. The Dean of Students and the person filing the appeal will present their respective versions of the case to the SCRC. The appealing student represents himself or herself in the hearing and can have one Advisor of Choice present. However, the Advisor of Choice may not actively participate during the hearing and must adhere to all rules set forth in the Advisor of Choice policy.
  2. The SCRC may pose questions to the Dean of Students and to the appealing student. Both the complainant and respondent will be given an opportunity to be heard, if they so choose.
  3. The SCRC may choose to ask the Dean of Students to return to the meeting to answer specific questions about the case or ask the Senior Vice President for Student Affairs or the Associate Vice President for Student Affairs at any time to answer questions on the process of the Council.
  4. The SCRC hearing is conducted in closed session.
  5. When and if the SCRC decides by majority vote that it needs more information in order to reach its decision, it may call relevant witnesses or request information to the extent it requires.
  6. As soon as possible, the Chairperson of the SCRC will inform all parties, including the Senior Vice President of Student Affairs of the final decision.
  7. A timely final outcome letter will be simultaneously provided to both the complainant and respondent.

     (B) Student Appeal When an Employee is a Respondent

An intent to appeal must be presented in writing to the Vice President for Human Resources within 5 business days of notification of the sanction imposed, if any. Both complainants and respondents may file an appeal.

Title IX Review Committee
The appeal is heard by the Title IX Review Committee (TIXRC). The Committee’s makeup will differ based on the constituency of the Respondent:

If the Respondent is an adjunct or full-time non-tenured track faculty member who is also a member of a collective bargaining unit, the TIXRC will consist of an administrator selected by the Senior Vice President for Student Affairs, a full-time tenured or tenure-track faculty member selected by the Faculty Senate, and a bargaining unit member of the Respondent’s collective bargaining unit. The full-time tenured or tenure track faculty member will serve as Chair of the Committee.

For all other Respondents than described above, the TIXRC will consist of a representative selected by the Senior Vice President for Student Affairs, a representative selected by the Vice President for Human Resources, and a representative of the Respondent’s constituency. If the Respondent is a faculty member who is not a member of a union, the constituency representative will be selected by the Faculty Senate. If the Respondent is an administrator, the constituency representative will be selected by the Vice President for Administration (or designee). If the Respondent is a member of Local 810 or Local 153, the constituency representative will be selected by the respective unions. The representative selected by the Vice President for Human Resources will serve as Chair.

If the Chair of the TIXRC determines that there is a conflict of interest with any panel member, that panel member will be excused and replaced by another panel member to ensure a fair and impartial proceeding.

Procedures

  1. The Hearing is conducted in a closed session.
  2. The TIXRC will review the full case record, including the Title IX Coordinator’s investigative report, the sanctions (or lack thereof) imposed by the issuing Vice President and the related rationale, and any and all evidence in the case file.
  3. The Vice President (or designee) issuing the sanctions (or lack thereof) and the appealing party will present their respective versions of the case to the TIXRC. The TIXRC may ask questions to the Vice President (or designee), the appealing party or other relevant parties.  Both the appealing party and the non-appealing party will be given an opportunity to be heard.
  4. Each party will be given an opportunity to submit questions to the other party and relevant witnesses. To do so, the party must submit questions to the TIXRC Chair, who will then ask the questions.
  5. The parties may choose to have one (1) Advisor of Choice present. However, the Advisor of Choice may not actively participate during the hearing and must adhere to all rules set forth in the Advisor of Choice policy.
  6. After hearing from all relevant parties, the TIXRC will present its findings in a report to a panel of three University Vice Presidents (or their designees). The TIXRC report shall include a recommendation to uphold the sanctions imposed (if any) by the issuing Vice President, modify the sanctions imposed (if any), or to remand the case for further investigation to the Title IX Coordinator.
  7. The panel of three Vice Presidents (or their designees) may either accept the recommendations of the TIXRC or reject them. In the event this panel rejects the TIXRC’s recommendations to modify the sanctions, the sanctions of the issuing Vice President remain in effect. The panel’s decision is final and binding except as noted below.
  8. The Vice President for Human Resources will simultaneously provide the Complainant, Respondent, and the Vice President issuing the sanctions (or lack thereof) with a copy of the TIXRC’s findings and the panel of three Vice Presidents’ (or their designees’) decision.
  9. A record of the Hearing will be preserved for the case file with the Title IX Coordinator’s Office.

     (C) Further Review

Employees may have the right to a limited review of the final decision per the process above.

Faculty
     Bargaining Unit Faculty Members
Bargaining unit faculty members should follow the grievance and arbitration procedures in the applicable collective bargaining agreements as limited for Title IX purposes.

     Non-Bargaining Unit Faculty Members
Faculty not a member of a bargaining unit should follow the procedures as limited for Title IX purposes as outlined in Article IV of the University Statutes.

Staff
     Administrators   
Administrators who would like to appeal a determination may follow the Grievance Procedures set forth in the Administrator’s Handbook. It should be noted that Administrators who have not successfully completed the introductory period, are on grant funded positions or contracts that have expired or have been terminated for cause (violating the University’s Code of Conduct) are not entitled to an appeal.

     Clerical / Maintenance Union Members
Those employees who are members of either the Clerical or the Maintenance Union should follow the grievance procedures in their respective Collective Bargaining Agreements.

     D. Records of Investigations and Outcomes

Records of Reports and Investigations: Personal information about any witness and records regarding these matters will remain confidential insofar as it does not interfere with the University’s right to investigate allegations of misconduct and take corrective action where appropriate and practicable. Written records will be retained with regard to the complaint, the investigation and fact finding, and the resolution. However, the University will comply with criminal legal subpoenas or other civil court ordered requests for information or paperwork in compliance with Family Educational Rights and Privacy Act (FERPA) and other laws.

Records of Outcomes and Resolutions: In all student cases, all information and other appropriate records will be maintained for a minimum of six (6) years from the outcome of an investigation. Any faculty, staff or third party records are maintained for six years. When there is an outcome that involves discipline of an employee, the Human Resources Department is notified of the discipline.

Findings or Responsibility Listed on Transcripts for Violations of Violence
Fordham Transcript Notation Policy for Violent Crimes:
Pursuant to Article 129-B §6444.6 of the New York State Education Law, if a student is found responsible through the University’s conduct process for crime(s) of violence, including, but not limited to sexual violence, defined 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) (“Clery crimes of violence”), the Dean of Students will direct that a notation be placed on the student’s transcript.

  • Where the sanction is a suspension, the following notation will be listed: “SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.”
  • Where the sanction is expulsion, the following notation will be listed: “EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.”

If a student respondent withdraws from the University, while such University conduct charges are pending for allegation(s) related to Clery crimes of violence and the student declines to complete the student conduct process, the Dean of Students will direct that the following notation be placed on the student’s transcript: “WITHDREW WITH CONDUCT CHARGES PENDING.”

  • Those students who withdraw from the University and decline to complete the student conduct process forfeit any right to resume the conduct proceedings at any point in the future.
  • Conduct charges are considered “pending” once a student is informed in writing that there are allegations that the student may have violated the University’s Code of Conduct.

Vacating a Finding of Responsibility: 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 University 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.

Further Appeals: A student whose transcript states “SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION” may appeal, in writing, to the appropriate Dean of Students to have the notation removed. Appeals may be granted 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 Dean of Students has determined that the student is once again “in good standing” with all applicable University and academic and non-academic standards.
A student whose transcript states “EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION” or “WITHDREW WITH CONDUCT CHARGES PENDING” is ineligible to appeal to have the notation removed.

Those students who were expelled or withdrew with such notifications on their transcripts will leave the University with the status “not in good standing” and will be ineligible for readmission to Fordham University, absent any vacating of a finding of responsibility.