A Title IX or sexual misconduct proceeding at New York University runs under NYU s own published policy, applies a preponderance standard, and can end enrollment in a matter of weeks.

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. A finding by that standard requires only that the decision-maker believe the account more likely than not, which is why the quality of the record a respondent builds matters more than any argument made at the end of it.

NYU Is a Private University

NYU is a private institution and is not a state actor. A respondent there does not have constitutional due process rights enforceable against the university. The protections that exist come from NYU s own published procedures, which New York treats as binding on the institution and enforceable through an Article 78 proceeding. That makes the published policy the controlling document in the matter — not general notions of fairness, and not what another university does.

The Parallel Criminal Risk

NYU s campus spans Manhattan, and conduct alleged there falls within New York County, where the district attorney s office may open its own inquiry independently of anything the university does. 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 ordinarily begins with a notice of allegations, followed by an investigation conducted by a university investigator, a written investigative report shared with both parties, a live hearing before a decision-maker, and a written determination. Interim measures — housing changes, no-contact directives, class reassignment, and in some cases interim suspension — can be imposed before any finding is made. A respondent who treats the interim stage as preliminary has already lost ground by the time the hearing occurs.

The Advisor Role

NYU s policy permits a respondent to be accompanied by an advisor of choice, and where a live hearing includes questioning, the advisor s role in that questioning is 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 from disciplinary probation through suspension and expulsion, and a suspension carries a transcript notation and visa consequences for an international student whose status depends on continuous full-time enrollment. 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

NYU s policy provides an internal appeal on defined grounds, which are narrower than a general disagreement with the outcome. 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 Manhattan matter can be under review by both the university and the district attorney at once, and the two follow different rules and different timetables. 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

Does NYU have to follow constitutional due process?

No. NYU is a private institution and is not a state actor, so constitutional due process does not apply. What binds NYU is its own published policy, which New York enforces through an Article 78 proceeding.

Can a Manhattan district attorney investigate the same allegation?

Yes. A criminal inquiry can proceed independently of the university process, and statements made in the campus proceeding are available to prosecutors.

What happens to an international student who is suspended?

A suspension interrupts full-time enrollment, and immigration status that depends on continuous enrollment is affected. That consequence should be part of the analysis from the outset, not discovered afterward.

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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.