When a student accepts responsibility or is found responsible for a policy violation as an outcome of a hearing, the assistant vice president and dean of students or designee determines an appropriate sanction. A student and/or organization found responsible for violating University policy may receive one or more of a variety of sanctions tailored to the specific violation(s). Individual mitigating circumstances, as well as aggravating factors, such as past misconduct by the student and/or organization, or failure to comply with previously imposed sanctions, shall be considered when determining the level and scope of the sanction. Generally, a student who is found responsible for additional offenses will be subject to more severe sanctions.
Disciplinary actions include but are not limited to one or more of the following sanctions:
A disciplinary warning is issued to a student for violating University regulations. Disciplinary warnings notify the student that subsequent violations will warrant more serious disciplinary action.
Disciplinary probation is issued to a student for a specific period of time. Disciplinary probation is a more serious sanction than a warning. It is a period of review and observation during which the student must demonstrate the ability to comply with University policies, rules, regulations, and other requirements stipulated for the probation period. It may limit certain activities or privileges of a student. Students who violate their probation may face sanctions more punitive in nature.
Disciplinary suspension is a sanction imposed in which the student is separated and banned from the University for a specific or indefinite period of time. Such period may begin during or at the close of a semester. The student may be readmitted at the end of the specified period. All tuition and fees are forfeited, and the student is responsible for paying all unpaid tuition and fees. The failure of the student to pay tuition and fees incurred may result in a hold being placed on the student’s account, the student’s account being sent to a collection agency, and/or legal action being taken to recover such amount. A condition of readmission (counseling assessment, community service, participation in a substance abuse program, etc.) may be imposed. All privileges, including campus visitations, are revoked.
A deferred suspension from the University or the residence halls may be imposed due to severe extenuating circumstances. The suspension begins at a specified date as determined by the assistant vice president and dean of students or designee. This sanction may be utilized only after review by the assistant vice president and dean of students or designated representative.
The student is permanently separated and banned from the University without opportunity for readmission. All tuition and fees are forfeited, and the student is responsible for paying all unpaid tuition and fees. The failure of the student to pay tuition and fees incurred may result in the University sending the student’s account to a collection agency and/or the commencement of legal action to recover such amount.
A Hofstra student or non-Hofstra student may be restricted from the University, particular areas of the University, or University events as a result of inappropriate behavior. A Hofstra student who violates this ban may be subject to further disciplinary action, arrest, and/or prosecution; a non-Hofstra student who violates this ban may be subject to arrest and/or prosecution for criminal trespass.
The student is required to vacate their current room assignment and is relocated to another residential location determined by the assistant vice president and dean of students or a designee. The student is responsible for all fees associated with this relocation. For example, a student relocated to a single room from a double room is responsible for the difference in cost.
When deemed necessary and appropriate as part of a sanction, a student may be required to vacate their on-campus residential assignment. The student’s Residential Living Agreement is voided and the student is required to vacate the residence hall within a specified amount of time. In addition, a ban from all residential facilities is often imposed for the duration of the removal and/or ban. Housing deposits and/or payments are forfeited, and the student is responsible for paying all unpaid residence hall fees. The failure of the student to pay all fees incurred may result in the University taking legal action to recover such amount.
Fines may be levied against students who violate University policy. Students are responsible for all fines levied against them for violating University policy. Student Financial Services will be notified when fines are levied. A student’s failure to pay fines may result in a hold being placed on the student’s account, the student’s account being sent to a collection agency, and/or legal action being taken to recover such fines. In addition, restitution may be imposed to recover damages or losses experienced by the University.
Note that in disputes between two students involving restitution for damage or loss of personal property, telephone bills, and other living expenses, the assistant vice president and dean of students or designee shall address wrongful behavior with appropriate disciplinary action when necessary, but shall not act as an agent of any student in settling a monetary claim. Students who seek restitution are advised to attempt to collect from those responsible and, if they are unable to resolve the matter, they should contact the police or refer the matter to an attorney for adjudication.
The University may pursue financial restitution and assess fines for conduct violations involving theft or damage.
In certain instances where punitive measures are inappropriate or inadequate, an educational sanction may be imposed. This sanction is designed to help educate the student toward responsible behavior. These sanctions may include but are not limited to a written apology, educational assignment/paper, task-oriented community work, volunteer services, and/or awareness workshops.
Certain violations of regulations may constitute a serious threat to other individuals and/or the community. For the following (and other serious) breaches of University policy, a minimum penalty of suspension from the University (including removal from the residence halls) for at least one full semester to permanent expulsion may be imposed:
• Conduct in violation of New York state criminal law or federal law, which poses a serious threat to the University community, including but not limited to distribution or possession of illegal drugs or theft of University or personal property.
• Serious physical attack upon another person.
• Sexual violence.
• Willful or malicious damage or defacement of University property or property of another individual.
• Possession of firearms, explosives, or any type of weapon as defined in the Student Conduct Code entry Weapons and Ammunition.
A student may be summarily suspended and banned from the University's campus where:
• The student is accused of any of the five violations listed above under Minimum Sanctions; or
• The student is accused of other conduct that poses a serious threat to the University community; or
• The student is charged with a felony, regardless of the location of the incident or the identity of the victim.
In these cases, the student may be summarily suspended and banned from campus if the University determines it is appropriate to do so to protect the health, safety, and well-being of the accused student, a complaining student, and/or the University community. In such cases, the student may request an expedited hearing in accordance with the policies set forth in this code.
Furthermore, in such situations, the assistant vice president and dean of students and/or a designated University official has the discretionary power to summarily relocate or suspend a student’s residence hall privileges. In such cases, the student’s Residential Living Agreement is voided, and the student is required to vacate the residence hall.
Students may select an individual of their choice as an advisor to support them during their involvement in a University disciplinary process. It is the student’s responsibility to retain an advisor and notify the advisor of meetings and hearings; meetings and hearings will not be rescheduled to accommodate an advisor’s schedule. The University has a longstanding practice of requiring students to participate in the process directly and not through an advocate or representative. The advisor is not an advocate. Advisors will not be permitted to speak or ask questions on behalf of students during communications (via telephone or email), meetings (in person or via Zoom), or hearings.
A student’s advisor may attend the hearing and may communicate with the student, both verbally and in writing, at all times during the hearing. In addition, the student may request one recess of no longer than five (5) minutes to confer with their advisor outside of the hearing room. An advisor is prohibited from addressing the hearing board or witnesses during the hearing process. If an advisor does so, or if the chairperson determines that the advisor’s presence is causing a disruption, the chairperson of the hearing board shall give the advisor a verbal warning. If the advisor addresses the hearing board or a witness again and/or continues to cause a disruption, the advisor will be asked to leave the hearing. If an advisor refuses to leave when asked, the hearing will be stopped, Public Safety will be called to escort the advisor off campus, and the student will waive their right to be present at the hearing.
A student found responsible for a policy violation shall have the right to appeal within seven (7) calendar days from receipt of the decision letter, on any of the following grounds:
1. There is substantive new evidence that was not previously available or known before the hearing.
2. There is reason to believe that the procedural rights of the accused student have been violated in a way that affected the decision.
The student must submit a written petition for appeal to the assistant vice president and dean of students supporting one or more of the above grounds. A request on either of these grounds must clearly explain, in detail, the basis for the appeal. The appeal should be based on documentation and should be limited to an inquiry of the issue or issues raised in the complaint. The assistant vice president and dean of students or designee will decide if there is sufficient documentation to modify or uphold the original sanction. These decisions are final. In situations where new evidence is introduced, the assistant vice president and dean of students or designee can decide to reopen the case with the original hearing board. Based on the new evidence heard, the original hearing board can uphold or modify its finding.