Hofstra University adjudicates sexual misconduct allegations under its own published policy, and its Hempstead campus places any parallel criminal matter in Nassau County.

What the Institution Has to Find

A campus proceeding does not apply the criminal standard. The institution decides whether the policy was more likely than not violated, and it does so through an internal decision-maker rather than a judge or jury. The rules of evidence do not apply. Hearsay is received. There is no right to appointed counsel. The preponderance standard applies, and the determination rests on the investigative record together with whatever the hearing produces.

Hofstra Is a Private University

Hofstra is private and is not a state actor. Constitutional due process does not apply to its disciplinary process. What binds Hofstra is its own published policy, which New York enforces through an Article 78 proceeding, and New York s statewide campus sexual assault requirements, which apply to every college in the state.

The Parallel Criminal Risk

The campus is in Hempstead, in Nassau County. Nassau County District Court sits in Hempstead and handles misdemeanor matters; felony matters proceed to Nassau County Supreme Court in Mineola. Hofstra also operates a law school and a medical school, and a finding against a student in either creates a character and fitness or licensure disclosure obligation that outlasts the degree. Anything a respondent writes or says in the campus process is discoverable by a prosecutor. A written response submitted to satisfy an institutional deadline can become an exhibit in a criminal case. Where a police report or a district attorney inquiry exists on the same allegation, sequencing the two proceedings is the central decision in the matter, and it has to be made before the first written submission rather than after it.

How the Process Runs Here

The process moves from notice through investigation, written report, hearing and determination, with interim measures available before any finding. For a graduate or professional student, the parallel professional-standing question begins at the same time and is not resolved by the misconduct process.

The Advisor Role

Hofstra s policy permits an advisor of choice, with the role set by the policy in force. Reading the institution s current published policy before the first meeting determines what is actually possible, because these policies are revised and the version in force is the one that governs.

Sanctions and What Follows the Student

Sanctions range from probation through suspension and expulsion, with transcript notation where required. New York requires institutions to note certain disciplinary outcomes on a student s transcript, which means a finding can follow an application to another institution or to a licensing body years later. Where a professional program or a licensure path is involved, the character and fitness question is a separate consequence that outlasts the degree.

Appeals and Outside Review

An internal appeal is available on the grounds the policy specifies. Where the institution failed to follow its own published procedures, a proceeding under Article 78 of the Civil Practice Law and Rules is the mechanism New York provides for reviewing that failure. Article 78 review is narrow — it asks whether the institution followed its rules and whether the determination was arbitrary, not whether the outcome was correct — and the record built during the campus process is the record that proceeding is decided on.

Why Retained Counsel Matters Here

For a student in a professional program the disciplinary record and the licensure record are different problems, and only one of them ends when the degree does. The record that decides both the campus appeal and any later Article 78 proceeding is created during the process itself, which means the work has to be done while the process is running rather than after it produces a result.

Frequently Asked Questions

Which county handles a criminal case arising at Hofstra?

Nassau County. Nassau County District Court sits in Hempstead for misdemeanor matters, and felony matters proceed to Nassau County Supreme Court in Mineola.

Does a finding affect bar or medical licensure?

It can. A disciplinary finding creates a character and fitness or licensure disclosure obligation that persists after graduation, and the licensing body applies its own standard rather than deferring to the university.

Is Hofstra bound by constitutional due process?

No. Hofstra is private and is not a state actor. Its obligations arise from its own published policy and from New York s statewide campus sexual assault requirements.

About Mr. Sris

Mr. Sris is the founding attorney of Law Offices Of SRIS, P.C., a firm practicing since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

A campus proceeding runs on the institution s calendar, and the deadlines in it are short. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

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