Fordham University adjudicates sexual misconduct allegations under its own published policy, and as a Jesuit institution it also maintains a code of conduct whose provisions can be charged alongside the misconduct allegation.
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 a respondent can be found responsible on an account the decision-maker finds marginally more persuasive than the alternative.
Fordham Is a Private University
Fordham is private and is not a state actor, so constitutional due process does not apply. Its obligations come from its published policy, enforceable in New York through an Article 78 proceeding. Fordham s religious affiliation does not remove it from New York s statewide campus sexual assault requirements, which apply to every college in the state, public and private alike.
The Parallel Criminal Risk
Fordham operates campuses in the Bronx and in Manhattan, which means an allegation can fall within Bronx County or New York County depending on where the conduct is alleged — two separate district attorney s offices with different charging practices. 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 runs from notice through investigation, written report, adjudication and determination. Fordham s student code contains conduct provisions independent of the sexual misconduct policy, and a matter can proceed on both tracks at once. A respondent who addresses only the misconduct allegation can be found responsible under the code for conduct he never contested.
The Advisor Role
Fordham s policy permits an advisor of choice, with the role defined 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 through probation, suspension and dismissal, with transcript notation where required. For a student in a professional program, a finding creates a character and fitness disclosure obligation that persists beyond graduation. 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 states. 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
A matter proceeding on two tracks at once requires both to be answered, and the code track is the one respondents most often overlook. 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 would a criminal case be in?
It depends on the campus. Fordham s Rose Hill campus is in the Bronx and its Lincoln Center campus is in Manhattan, which means Bronx County or New York County — two separate district attorney s offices.
Does Fordham s religious affiliation change the process?
It does not exempt Fordham from New York s statewide campus sexual assault requirements, which apply to every college in the state. It does mean an additional code of conduct may be charged alongside the misconduct allegation.
Can I be found responsible under the code but not the policy?
Yes, where both tracks are charged. That is why answering only the sexual misconduct allegation can leave a separate finding unaddressed.
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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