STUDENT HANDBOOK 2016–2017

Rules and Policies Reservation of University Rights Information presented here is subject to change, and the University reserves the right to depart without notice from any policy or procedure referred to in this handbook. This handbook is not intended to and should not be regarded as a contract between the University and any student or other person. Students are encouraged to consult the offices and websites described for the most current and up-to-date information. Table of Contents

Table of Contents

Welcome 1

The J.D. Program 3 Planning a J.D. Program 3

Choosing Your Courses 5

Rules for the J.D. Degree 7

Academic Procedures 22

Tuition and Fees 31 Withdrawal and Adjustment of Fees 31

University Refund Policy 32

Academic Recognition 34

Special Programs 37 Parker School Recognition of Achievement in International and Comparative law 37

Joint Degree Programs for J.D. Students 37

International Study Programs for J.D. Students 39

Procedures for Student Discipline 41

Grievance Procedure 48 Columbia University Sexual Respect and Community Citizenship Initiative 49

University Regulations and Policies 50 Appendix: University Gender-based Misconduct Policy for Students 51

Welcome 1

Welcome from the Dean of Students Welcome to Columbia Law School! To study law at Colum- bia is to be a member of an exceptional community—one that has shaped both the world and local communities for more than 150 years. This digital handbook provides information on important rules and policies that govern your time here as a student at Columbia Law School and Columbia University. While this handbook serves as a convenient reference, you may also access this information online at the web addresses included throughout this publication. During your time here, you will be enriched by learn- ing from our eminent faculty and by collaborating with your classmates—colleagues with uncommon talents from a remarkable diversity of backgrounds and perspectives. We know you will find it an invigorating place to live and learn. We also hope you take the time over the next three years to explore all that New York offers. We are here to support you in any way possible as you grow in knowledge and shape a brilliant future. We look forward to your contribution to the Columbia Law School family.

With warmest wishes for a most successful year,

Yadira Ramos-Herbert Interim Dean of Students; Director of Academic Counseling and Student Outreach

The J.D. Program 3

The Juris Doctor Program Planning a J.D. Program • A course in the area of professional responsibility. • Mandatory Pro Bono service of a minimum of 40 hours Students in the Columbia Law School Juris Doctor (J.D.) pro- (see page 5). gram obtain their degree in three years of full-time academic • Students must complete two (2) Writing Credits, work. During that relatively short period of time, students at least one of which meets the criteria for Major should be sure to make the most of their legal education. This Writing Credit. section will advise you as to the academic requirements you a. The Major Writing Credit must be registered for by must satisfy in order to obtain your degree and provide you the end of the Add/Drop period of the fifth (or pen- with ideas for curriculum planning. ultimate) semester, and initiated by no later than the The American Bar Association and the New York Court beginning of the fifth semester. See Legal Writing of Appeals (22 NYCRR 520) have promulgated rules and Requirement, page 4. regulations that must be followed by law schools, and thus by b. The Minor Writing Credit may be completed at any every Columbia Law School student seeking a J.D. degree. time before the expected graduation date, but must be In addition to these requirements, the Law School also has registered for not later than the end of the Add/Drop established its own academic policies and procedures. The period of the student’s final semester at the Law School. Rules for the J.D. Degree contain a detailed account of See Legal Writing Requirement, page 4. the requirements approved by the Faculty of Law for earning • Up to 12 academic points may be earned toward the J.D. the J.D. degree at Columbia University (in compliance with degree in graduate-level, non-Law courses at other fac- the ABA and New York Court of Appeals rules). Students are ulties of the University over the duration of the degree individually responsible for knowing, fulfilling, and abiding program. Non-Law courses for which J.D. credit is by these sets of rules, so it is very important that you familiar- earned can be counted toward the total points required ize yourself with them. The Columbia Law School Rules for in each semester. J.D. credit will be granted only for sat- the J.D. may be found online at www.law.columbia.edu/ isfactory completion of courses related to the student’s academics/rules. legal training and for which a grade of C or better is Although you are urged to read carefully the Rules earned. See Non-Law Courses at Other Faculties of for the J.D. Degree, the following summary of academic Columbia University, page 6 and Rule 1.8 of the Rules requirements, along with information regarding planning for the J.D. Degree, page 13. programs of study, may be useful to you. Proposed programs of study that vary from these requirements may require the Residency and Attendance permission of the Rules Committee, requested in the form There is a minimum residence requirement for each Colum- of a written letter of petition and submitted to the Dean of bia Law School degree: See the appropriate section of the Registration Services. Rules for the J.D. Degree for details. Students are held Academic Requirements accountable for absences incurred owing to late enrollment. Regular attendance is expected of every student at all meet- To earn your J.D. degree, you must complete satisfactorily ings of the courses in which he or she is registered. This is the following: generally defined as attendance at 80 percent of class ses- • At least 83 academic points toward the J.D. degree. At sions, although an instructor may establish other attendance least 71 of these points must be earned by satisfactory requirements. Adequate preparation of assignments and completion of courses, seminars, and other activities informed participation in class discussion are expected of listed on the Columbia Law School online curriculum every student. The quality of a student’s preparation and of guide. See also the Rules for the J.D. Degree. the in-class discussion participation may be considered by • Six (6) terms of full-time residence at Columbia Law the instructor, without special notice, in determining the stu- School (normally three academic years). Students admit- dent’s grade in the course. If a student has excessive absences ted with advanced standing must complete at least in a course, academic credit cannot be earned and a final four (4) terms of full-time residence as matriculants in grade of Failure may be recorded. See Rule 5.3. Columbia’s J.D. degree program. • 12 to 15 points each semester (most students take Limitation on Employment approximately 13 or 14 academic points per semester). Law students are advised against engaging in employment that • All ABA and Columbia Law School Foundation cur- exceeds 20 hours per week during the academic year. Colum- ricular requirements. 4 The J.D. Program

bia Law School strongly discourages first-year law students N.B. All course credits may count as fieldwork for from seeking any employment in order to have sufficient time externships that do not meet on a regular weekly basis to focus on the rigors of the first-year curriculum. throughout the term. e. Up to three (3) points of academic credit can be Limitations on Course Selections and earned in independent work on Law School jour- Registration nals or upper-level moot courts (see Rule 1.11). This In addition to the above affirmative academic requirements, includes credits earned for the following: there are certain limitations on the types and number of • service on a Law School journal editorial board courses you can take as an upperclass Law School student. You (2-credit limit, one credit per term; third-year stu- should familiarize yourself with these parameters as well: dents only) • Up to 30 of the 83 points of Law School credit can be in • a published Note in a Law School journal (1-credit the area of clinical courses, externships, and field place- limit; third-year students only) ment programs, including classroom components. How- • upper-year coaches of the alternative first-year ever, not more than 19 points in the following offerings moot court programs will be counted toward the 83 points required for the f. Service as a teaching fellow (see Rule 1.12). J.D. degree: g. Supervised work on an upper-level moot court (see a. Supervised Research (see Rule 1.5). A maximum Rule 1.13). Up to four (4) points of academic credit of four (4) credits per academic year, three (3) in an can be earned in service as a moot court student edi- academic term, and eight (8) credits overall, can be tor, moot court student judge, or director of the Har- earned for writing a research paper or its substantial lan Fiske Stone Program. equivalent under the supervision of a Columbia Law School faculty member. Legal Writing Requirement b. Research as an unpaid faculty assistant (see Rule 1.6). As noted, in order to graduate, a student must complete two A maximum of two (2) credits per academic year, and (2) Writing Credits, at least one of which meets the criteria of four (4) credits overall, can be earned by a student serv- the Major Writing Credit. Both Writing Credits must be reg- ing without pay as a research assistant under the active istered separately, as described below, and must be supervised supervision of a Columbia Law School faculty member, by a Columbia Law School faculty member. You may work and in this capacity performing legal research and writ- with any member of the regular, clinical, adjunct, or visiting ing in aid of scholarly research. faculty (with minor exceptions). In addition, Major or Minor c. Work under other faculties of the University (see Writing credit may be earned by writing a seminar paper or Rule 1.8). A student may count up to twelve (12) a paper in completion of a research project; it also may be a academic points toward the J.D. requirements by tak- Note you submit to a journal if the research and writing is ing graduate-level, non-Law courses at other faculties supervised by a Columbia Law School faculty member. See of Columbia University. The non-Law course credits Rules for the J.D. Degree, Rule 1.4, Legal Writing Require- may count toward your required semester and class- ments, for additional information. room totals if the course is related to your legal train- In order to earn Writing Credit, you should propose a ing. The number of points that will count toward the topic to a faculty member and secure his or her agreement Law degree cannot exceed the number of classroom to act as your supervisor. Once the professor agrees, you must hours of the course. They will only count toward complete the J.D. Research and Writing Registration Form, your J.D. degree if you receive a grade of C or higher. include the signature agreement of your supervisor, and sub- Language courses may also be taken with permission, mit it to Registration Services. On this form you will indi- even if they are not at the graduate level, but credit cate who will be supervising your work and whether it will toward the J.D. degree will not be granted for conver- be a Major or Minor Writing Credit. For details, see Aca- sational language courses. See Non-Law Courses at demic Procedures, Change of Program, at www.law.colum- Other Faculties of Columbia University, on page 6, for bia.edu/academics/rules. additional information. The Major Writing Credit must be registered in this way d. The fieldwork component of externship programs. with Registration Services no later than the end of the For example, for a 4-credit externship that has sched- Add/Drop period of your fifth (or penultimate) semester. uled class meetings of two (2) hours every week of In order to receive Major Writing Credit, you must submit the term, two (2) credits count as fieldwork credits. a complete draft of the paper to your supervisor for com- The J.D. Program 5

ments and suggestions by no later than February 1 of your of the historical antecedents of our present legal system, third year. Your supervisor will award Major Writing Credit some awareness of alternative approaches to legal problems for a satisfactory final draft you write in response to his/ adopted by other societies, and some insight into the ulti- her comments and suggestions. The final draft of a paper for mate purposes and theory of law. Major Writing Credit must be submitted to your supervi- How should you proceed in acquiring this knowledge sor no later than April 1 of the graduating year for May and in choosing your courses over your time here? Obvi- graduates, or by the first day of the month preceding the ously, you should conduct your own analysis of the courses month by which the student anticipates graduating (i.e., by you should take, considering not only those that would September 1 for October degree candidates; by January 1 be helpful to you as a lawyer, but those that deeply inter- for February degree candidacy). est you. The Law School can help you with this process. You can earn Minor Writing Credit by an ordinary course Each spring, members of the faculty hold panel discussions paper, brief, or other written research activity done under the on curriculum planning to give their views on how to supervision of a faculty member. It may be earned at any time structure a program and to answer questions from students during your second or third year, but must be registered no about their particular interests and plans. later than the end of the Add/Drop period of your sixth (or final) semester and must be submitted to your supervisor no Seminars later than April 1 of the graduating year for May graduates, or Seminars are taught by both adjunct and full-time faculty, and by the first day of the month preceding the month by which offer specialized instruction, as well as greater contact with the student anticipates graduating. professors. Particular policies apply to seminars and, gener- All final written work submitted in satisfaction of the ally, seminar enrollment is limited to 18 students. Third-year Major or Minor Writing Credit requirements must be com- and graduate law students receive priority admission to semi- pleted by the first day of the month preceding the month of nars, and within each class of students, priority for admission anticipated graduation (i.e., by April 1 for students scheduled to classes is determined randomly each semester. Instructors for May graduation). may restrict enrollment to a seminar and may require stu- dents to apply for admission. With the instructor’s permis- Mandatory Pro Bono Service sion, academic points beyond those indicated in the course Every J.D. candidate must devote 40 hours to public inter- description may be earned for extra work (e.g., a longer est fieldwork between the start of the second year of Law research paper); the additional academic credit is categorized School and the end of the third year. This requirement as Supervised Research. manifests Columbia Law School’s belief that public service is an important part of your professional responsibility as a Clinical Offerings lawyer, as well as of your education in professional respon- Clinical courses offer the invaluable opportunity not only to sibility. Pro bono work will qualify toward the 40-hour study a substantive area of the law, but also to provide direct requirement if it is public interest or public service law- legal services to clients. If you wish to take a clinical course, related work that is uncompensated (financially or by aca- you will need to seek approval through an application and demic credit). Pro bono work is broadly defined without interview process that takes place in the preceding semester. regard to political orientation. Clinical instructors determine specific policies and require- ments for admission, and these may vary from term to term. In general, clinical courses include, but may not be limited Choosing Your Courses to, such areas as adolescent representation, environmental law, There are many ways to think about planning your edu- human rights, immigration, lawyering in the digital age, mass cational program at Columbia Law School, and the Law incarceration, mediation, community enterprise, incarceration School offers numerous resources to assist you in doing so. and the family, and sexuality and gender. For a listing of clini- When planning your education, keep in mind the follow- cal courses offered, visit: www.law.columbia.edu/courses. ing: The Faculty of Law believes it to be of primary educa- tional importance for you to acquire the perspective offered Externships through the intensive study of legal questions, detached Columbia Law School offers its students a variety of extern- from the existing rules and immediate problems of con- ship opportunities, for which students may receive academic temporary law in the United States. For you to become credit. Externships usually consist of both classroom lectures a well-rounded lawyer, you should acquire some grasp and legal fieldwork. An experienced practitioner closely 6 The J.D. Program

supervises each student’s work. Columbia has offered extern- Non-Law Courses at Other Faculties of ship placements in appellate and district court clerkships, in Columbia University the New York City Law Department, the New York State You may receive J.D. credit for study you undertake in grad- Attorney General’s Office, a public defender’s office, at the uate-level, non-Law courses at other faculties of Columbia United Nations, and in such fields as arts law, city and state University, up to a maximum of 12 academic points. How- policy advocacy, community defense, community develop- ever, such coursework must be related to legal training, and ment, constitutional rights enforcement, copyright dispute you must petition the Rules Committee in order to take resolution, criminal appeals, criminal defense, domestic vio- such courses, explaining how the course(s) would enhance lence prosecution, federal prosecution, immigration, pro your legal training. You also should read carefully the pre- bono practice, social and environmental justice, and trusts, registration materials you will receive before each semester of wills, and estate planning. your second and third years. Each J.D. academic point earned The Law School also offers the Federal Government in for non-Law courses must represent at minimum a 50-min- D.C. Externship. This term-long externship in Washington, ute classroom meeting each week throughout the term. The D.C. places students in various participating governmental course also must be evaluated by a written examination or law offices. term paper. Credit toward the J.D. degree is not granted for Additional opportunities are offered through courses such conversational language courses and some other non-Law as Advocacy in Theory and Practice (L8667) and the Public courses. If you receive a grade lower than C, you will not Education Policy Seminar and Practicum (L8016). Advo- receive J.D. credit for the course. All courses, whether for Law cacy in Theory and Practice provides a theoretical, strategic, credit or not, must be graded on the A-B-C scale; Pass/Fail or and practical framework for advocacy work and also offers other non-evaluative grades are not permitted. Registration an opportunity for students to obtain up to three additional as an Auditor is not permitted for any course. ungraded points for their student-initiated externships (often known by students as internships) during the school year. The Public Education Policy Seminar and Practicum brings Columbia Law School students together with upper-level graduate students in law, business, education, and policy from Columbia and other universities for a full semester of inten- sive engagement with each other around transformational change in public education. An engaging interdisciplinary seminar is combined with comprehensive skills training and intensive experiential learning on cutting-edge projects to design and implement legal and policy solutions to improve the educational outcomes and life chances of children. In addition, where appropriate, students may earn academic credit under the category of Supervised Research for work arising out of an externship/internship not otherwise for- mally established by the Law School if approved by a faculty member who agrees to supervise and grade a research paper in accordance with Rule 1.5 of Rules for the J.D. Degree. Credit would be earned for the research paper, and not for the work performed at the outside externship/internship. Rules for the J.D. Degree 7

Rules for the J.D. Degree Professional Responsibility

Article 1. Course of Studies 8 Article 3. Letter Grades 15 1.1 Point Credit and Academic Course Requirements 3.1 Letter Grades 1.2 Residence Credit Definition of Grades Options 1.3 Moot Court Requirements 3.2 Academic Standing 1.4 Legal Writing Requirements Honors Major Writing Credit Unsatisfactory Performances Minor Writing Credit Exclusion from the School 1.5 Supervised Research Grades in Year Courses and Seminars Number of Credits Readmission after Exclusion Extent of Supervision 3.3 Satisfactory Progress 1.6 Research as Unpaid Faculty Assistant Incomplete Work and Continuation of Studies 1.7 Seminars Extensions for Written Work General 3.4 Disclosure of Grades Credit for Extra Work Deficient Work Article 4. Degrees 18 1.8 Work Under Other Faculties of the University 4.1 University Action General 4.2 Application for the Degree Grading Approval needed 4.3 Diplomas 1.9 Work in Other Law Schools Article 5. General Regulations 18 Satisfaction of Course Requirements Advanced Standing 5.1 Students Approval Needed 5.2 Academic Discipline 1.10 Pro Bono Service Requirement 5.3 Class Attendance and Preparation 1.11 Independent Work on Law School Journals or 5.4 Demeanor Advanced Moot Court Activities 5.5 Withdrawals and Leaves of Absence Journals Moot Court Programs 5.6 Registration of Student Organizations 1.12 Service as a Teaching Fellow Article 6. Admission to the Bar 19 1.13 Second and Third Year Moot Court 6.1 Rules Governing Admission to the Bar 1.14 Faculty-Directed Reading Groups General Certificate of Attendance Article 2. Examinations 14 New York State 2.1 Regular Examinations When Held Supplement Attendance 2.2 Unexcused Absence from Examination Rules Regarding Written Work 19 2.3 Excused Absence from Examination Academic Support Policy 20 Make-up Examinations Special Examinations 8 Rules for the J.D. Degree

Professional Responsibility 1.1.3.4 The fieldwork component of Legal education is generally a passageway to careers of ser- externship programs; vice in law, either in private practice or in a public capacity. 1.1.3.5 Independent work on law school journals or The standards of responsibility for that service are high and upper-level moot court under Rule 1.11; exacting. In part, the appreciation of these responsibilities is 1.1.3.6 Service as a teaching fellow under Rule 1.12; or gained by habit and example; the law school helps to form 1.1.3.7 Supervised work on upper level moot court these professional attitudes as an integral part of the educa- under Rule 1.13. tion it provides. 1.1.4 No more than 30 of the required 83 points The responsibilities of law students are of course differ- of Law School credit may represent clini- ent from those of lawyers. Yet in a real sense professional cal courses, externships, and field placement responsibility begins upon entering law school. Students programs, including classroom components, as are regarded, and should regard themselves, as committed defined in §520.3 of the New York Court of to integrity and effectiveness in the legal profession. That Appeals Rules for the Admission of Attorneys commitment requires consideration, honesty, and fair deal- and Counselors at Law. The Rules Commit- ing in academic enterprises, in the law school community, tee may waive this 30-point cap upon petition and in personal and professional relations outside the law in individual cases, on such conditions and school. The Columbia Law School demands this rigorously subject to such limitations as the Committee of faculty and students alike. deems appropriate. The following pages contain detailed requirements for 1.1.5 At least 6 of the required 83 points of Law the J.D. degree. Each candidate is responsible for a thorough School credit must represent experiential knowledge of them. However, students must measure their coursework, as defined in §303(a)(3) of the conduct not only by these specifics but also by a general stan- American Bar Association Standards for dard of ethical professional behavior. Approval of Law Schools and approved under law faculty procedures for such designation 1. Course of Studies in the official bulletin of the School of Law 1.1 Point Credit and Academic (beginning with the class of 2019). Course Requirements 1.1.5.1 A course that is used to satisfy the professional responsibility requirement under Rule 1.1.6.2 1.1.1 Eighty-three (83) points of credit are required. cannot be counted toward this experiential Point credit is earned by satisfactory comple- course work requirement. tion of a course, seminar, or other activities with 1.1.5.2 No more than one course that includes a a grade of C or better, or with a grade of CR writing experience used to satisfy either the in courses or activities permitting or requiring Minor or Major J.D. Writing Requirement grading on a CR/F scale (see Rule 3.1). under Rule 1.4 can be counted toward this 1.1.2 At least 71 points of the required 83 points of experiential course work requirement. credit must be earned by satisfactory comple- 1.1.6 In addition, satisfactory completion of the fol- tion of courses, seminars, and other activities lowing courses is required: listed in the bulletin of the School of Law. 1.1.6.1 All first-year foundation courses, except as 1.1.3 At least 64 of the required 83 points of law the Rules Committee may in particular cases school credit must represent regularly sched- waive this requirement; and except that for uled class sessions or direct faculty instruc- students who enter Columbia as transfer stu- tion, as defined in §311(b) of the American dents, satisfactory completion of Legal Meth- Bar Association Standards for Approval of ods is not required, and the Rules Committee Law Schools. Such sessions or instruction do may also determine that courses previously not include: taken will be regarded as the practical equiva- 1.1.3.1 Supervised research under Rule 1.5; lent of other first-year foundation courses. 1.1.3.2 Research as an unpaid faculty assistant under 1.1.6.2 A course, seminar, or program in professional Rule 1.6; responsibility. 1.1.3.3 Work under other faculties of the University under Rule 1.8; Rules for the J.D. Degree 9

1.2 Residence Credit 1.2.3.3 In this paragraph and elsewhere in these 1.2.1 Residence credit is required for six terms. Rules, any reference to “the Dean” shall be 1.2.2 Residence credit will be granted for each understood to refer either to the Dean or to term in which a student has registered for a the Dean’s duly designated delegate. standard program as described in this Rule or 1.2.4 Law students with special needs, principally a reduced-load program as described in Rule those with parental responsibility for small 1.2.4—provided that attendance in courses children and those with disabilities, may regis- and seminars is regular, that all required ter for a reduced-load program, under which examinations are taken and all required papers they may complete the requirements for the submitted, and the minimum grade in each J.D. Degree in as many as nine terms instead course and seminar is achieved. With the of six. The first term will normally consist of permission of the Rules Committee, substi- Legal Methods, Legal Practice Workshop I, tute courses successfully completed may be Civil Procedure, and Torts. The second term counted toward residence credit during a term will normally consist of Constitutional Law, in which a loss of residence otherwise would Criminal Law, Property, Legal Practice Work- result from the failure to achieve the required shop II, and Foundation-Year Moot Court or minimum grade in a course or seminar. an approved alternative. Each subsequent term 1.2.3 A standard program is one including no will consist of a minimum of eight (8) points, fewer than 12 and no more than 15 points of with the third term normally consisting of a credit for coursework or activity during the minimum of Contracts and one elective offer- time period of a regular semester. However, a ing. The Rules Committee must approve a stu- student may count toward this program up to dent’s request to take a reduced-load program, 3 points of credit for coursework or activity and any changes to that program. Employment undertaken during the time period immedi- is not a basis for a reduced-load program. ately preceding the time period of the regular 1.2.5 In no instance shall a program include more semester and after the time period of the than 16 points of credit for law coursework or preceding regular semester. activity, or any non-law coursework or activity 1.2.3.1 A student may, at his or her option, register for in other units of the University to be counted a sixteenth point of credit for the time period toward the J.D. degree, within the time period of a regular semester if that point corresponds of the regular semester. to a course or activity not subject to the 1.2.6 Under exceptional circumstances the Rules course registration lottery. Committee and the Dean may authorize a 1.2.3.2 The Dean shall have discretion to permit student to take up to two additional points a student to take a program of 11 points of during the time period of the regular semes- credit for coursework or activity during the ter, but only if those additional points are for time period of the regular semester. A student non-law coursework or activity that is not may count toward this program up to 3 points counted toward the J.D. degree. Before grant- of credit for coursework or activity under- ing such authorization, the Rules Committee taken during the time period immediately and the Dean shall satisfy themselves that the preceding the time period of the regular student has sufficient time and ability to apply semester and after the time period of the as much effort to the work of each course preceding regular semester. Except with the or activity counted toward the J.D. degree as permission of the Rules Committee, a student he or she would apply to the same course or permitted to take a program of less than 12 activity in a program of 16 or fewer points. points of credit for coursework or activity 1.2.7 The programs of non-matriculated and special during the time period of a regular semester students must be approved by the Dean. The shall be required to take a program of at least programs of all candidates for graduate degrees 12 points of credit for coursework or activity are subject to the approval of the Dean for during the time period of each subsequent Graduate Legal Studies. regular semester. 10 Rules for the J.D. Degree

1.2.8 Students shall be permitted a noticed and 1.3 Moot Court Requirements definite period within which they may add 1.3.1 Every student is required to participate satis- or drop courses to the academic program for factorily as counsel in one moot court argu- which they have officially registered. ment held during the second term of the first 1.2.8.1 After the close of the add/drop period but year unless, for good cause shown, postpone- before October 16th in the Fall semester and ment is authorized by the Dean. February 16th in the Spring semester stu- 1.3.2 Any student who enters the Law School with dents may withdraw from a course with the advanced standing is required to participate permission of the instructor by submitting a satisfactorily as counsel in one moot court withdrawal form to the Registrar’s office. A argument held during a term prior to gradua- grade of “W” (indicating “Withdrew”) will be tion; but the Dean at her discretion may waive entered into the student’s official transcript. this requirement when the student has so 1.2.8.2 After October 15th in the Fall semester and participated in a moot court argument held at February 15th in the Spring semester but another approved law school. before the last day of classes in the semester, 1.3.3 The certificate of the judges who have students may petition the Rules Committee examined the student’s brief and heard the to withdraw from a class for which they have argument shall be accepted as evidence that previously registered and have such with- the moot court requirement has been met. drawal recorded on their transcript as a “W”. If a faculty member is among the judges, the The Rules Committee may grant such a peti- faculty member’s certification as to whether tion only upon a showing of exceptional and or not the requirement has been met shall compelling reasons. be conclusive. If the judges do not include 1.2.8.3 Students who wish to withdraw from a class a faculty member and they are in doubt as after October 15th in the Fall semester and to whether or not the requirement has been February 15th in the Spring semester who fail met, they shall report the facts for such further to successfully petition to the Rules Com- consideration as the faculty may direct. mittee for the recordation of a “W” on their transcript will receive an “F” for the course in 1.4 Legal Writing Requirements accordance with Rule 3.2.4.2.1.1. 1.4.1 Two Writing Credits are required to satisfy 1.2.8.4 A student may petition the Rules Committee the J.D. Writing Requirement, at least one of to withdraw from a course after the expiration which must satisfy the requirement for Major of the add/drop period without the enter- Writing Credit. No more than one of these ing of a “W” grade on their transcript. Such credits can be earned in a course that is used petitions may be granted only when there are to satisfy the experiential course work require- exceptional and compelling reasons to do so, ment set out in Rule 1.1.5. * such as when an illness or other serious issue 1.4.2 A piece of written work (“the paper”) shall largely outside of the student’s control ren- satisfy the Major Writing Requirement only if dered timely compliance with the add/drop it fulfills all of the following conditions: rules impossible or exceptionally difficult. 1.4.2.1 The paper is a substantial and rigorous piece 1.2.8.5 In exceptional circumstances and where the of legal writing on a topic approved in student can demonstrate compliance with advance by a faculty member who has agreed the ABA attendance rules, students may add to act as Faculty Supervisor; a course to their academic program after the 1.4.2.2 The paper has been submitted in draft to the close of the add/drop period only with the Faculty Supervisor, who has provided com- permission of the instructor and upon petition ments on the draft, and a further version of to the Rules Committee. the paper has been produced which is respon- 1.2.9 A student registered for an all-year course sive to those comments; may discontinue it at mid-year only with the 1.4.2.3 The paper has been approved by the Faculty approval of the Rules Committee. Supervisor as satisfying conditions 1.4.2.1 and

* Pending faculty approval Rules for the J.D. Degree 11

1.4.2.2. Honor Competition, if the brief is certified as 1.4.2.4 The Faculty Supervisor shall be a member satisfactory by a faculty member and the Moot of the regular or clinical or adjunct or Court Executive Committee. visiting faculty. 1.4.6.4 Participation in the second or third year as 1.4.2.5 In this paragraph, “substantial and rigorous” counsel in a Jerome Michael jury trial, if the refers to work comparable to that required by work is certified as satisfactory by a faculty a paper that serves as the primary basis of eval- member and the Moot Court Executive uation for a two-credit seminar (e.g., approxi- Committee. mately 6,500 to 8,000 words). A shorter paper 1.4.6.5 Service on the Board of Student Editors for reporting extensive empirical, archival or like two successive terms, if the work is certified as work, however, could also quality as substantial satisfactory by a faculty member. and rigorous. 1.4.6.6 Service as a moot court student judge for two 1.4.3 A paper meeting the three conditions set successive terms, if certified by a faculty mem- out in 1.4.2 may satisfy the Major Writing ber and the Moot Court Executive Committee. Requirement even though: 1.4.7 Students must obtain the agreement of a 1.4.3.1 it, or an earlier version of it, is also submit- faculty member to act as Faculty Supervisor ted for a grade in a course, seminar, work- and register for the Minor Writing Require- shop, supervised study, or externship. Seminar ment not later than the end of the Change of instructors will advise students at the begin- Program Period of their sixth semester. ning of the semester whether they are will- 1.4.8 All written work submitted in satisfaction ing to act as Faculty Supervisor so that the of the Major or Minor Writing Require- students’ seminar papers can also satisfy the ments must be completed by the first day of Writing Requirements; the month preceding the month by which 1.4.3.2 it has been submitted to or accepted by a the student anticipates graduating. Any such journal for publication. Editorial work, cite- work that is also submitted to fulfill any other checking, etc. for law reviews and other jour- degree requirement must also satisfy Rule 3.3. nals shall not be sufficient in itself to satisfy the Writing Requirement. 1.5 Supervised Research 1.4.4 Students must obtain the agreement of a A second or third year J.D. student may earn credit for super- faculty member to act as Faculty Supervisor vised research by writing a research paper or its substantial and register for the Major Writing Require- equivalent under the supervision of a Columbia Law School ment not later than the end of the Change of faculty member (including visiting and adjunct faculty). Program Period of their fifth semester. 1.5.1 No more than four points of credit in an 1.4.5 The Minor Writing Credit may be earned by academic year, nor more than three points per an ordinary course paper, or brief, or other semester, may be given to any student for such written work under the supervision of a research projects, and all point credit given faculty member. It may be earned at any time must be approved by the supervising faculty during the second or third year. member. Law Review or other student journal 1.4.6 Written work sufficient to satisfy the Minor publication of a supervised research project Writing Credit includes, but is not limited to: shall not affect the point credit earned. 1.4.6.1 Research as an unpaid faculty assistant under 1.5.2 If a student registered for supervised research Rule 1.6, if conducted under a faculty mem- in accordance with this Rule elects to receive ber’s active supervision and if the supervising a grade, it shall be weighed in determining faculty member so recommends. academic standing under the provisions of 1.4.6.2 Service as a paid legal assistant on the staff of Rule 3.2. the Legislative Drafting Research Fund, if the 1.5.3 The number of credits awarded and director of the Fund so recommends. supervision required shall be guided by the 1.4.6.3 Participation in the second year as counsel following principles: in the fall term elimination rounds or spring 1.5.3.1 Number of Credits. The number of credits term final rounds of the Harlan Fiske Stone earned for supervised research should depend 12 Rules for the J.D. Degree

on the amount of work that the project will any particular case. likely entail. For example, a paper that will 1.5.3.3 Work that results in the award of point credit require work comparable to that required by a in connection with another course, seminar, or two-credit seminar (e.g., approximately 6,500 activity, including law school journal work or to 8,000 words) should be awarded two points service as a research assistant, teaching fellow, of credit. As a very rough guide, it may be or moot court editor, shall not be eligible to assumed that a paper of the scope and length receive point credit under this rule, except of a law review Note (e.g., approximately to the extent that the student undertakes and 10,000 to 12,000 words) would qualify for completes additional supervised work beyond three points. In general, longer papers should that required to earn point credit for the other qualify for more credit than shorter papers, course, seminar or activity. although a short paper reporting extensive empirical, archival, or like work would qualify 1.6 Research as Unpaid Faculty Assistant for more credit than a similar length paper An upperclass student who is appointed by a faculty member working from more readily available sources. to serve for one or more terms under the faculty member’s 1.5.3.2 Extent of Supervision. In the usual case, a active supervision as a research assistant without pay and in student registered for supervised research will this capacity to perform legal research and writing in aid of communicate regularly with the supervising scholarly investigations, may register and earn point credit instructor over the course of the project. for such service for the term or terms concerned. When A typical project might proceed through the registering for such research, a student must indicate on the following stages: registration form the name of the instructor under whose • Topic selection. The student and instructor supervision the work is to be done and obtain the instructor’s agree on a subject matter area, and discuss pos- signature on the form. sible research topics within that general area. No more than two points of credit in an academic year • Preliminary research. Following selection of may be given to any student for such service. All point credit a topic, the student conducts research aimed given for such service must be approved by the supervising at narrowing and refining the project; and faculty member. A student registered for research as a faculty the instructor provides feedback that assists assistant in accordance with this rule shall receive a grade, the student in formulating a research and which shall be weighed in determining academic standing writing plan. under the provisions of Rule 3.2. • Project outline. The student prepares and submits a written outline of the research 1.7 Seminars project; and the instructor responds with Seminars are normally restricted to 18 students, but the substantive feedback. If the instructor instructor in charge may, at his or her discretion, impose a deems it appropriate, revised and more smaller or larger limit approved by the Dean and announced detailed outlines may also be submitted prior to pre-registration. Any student in good academic and discussed. standing and with the prescribed prerequisites is eligible, in • Preliminary draft. The student submits a the second or third academic years, for admission to the sem- preliminary draft of the paper or its equiva- inars described in the bulletin of the School of Law. lent; and the instructor provides written or Students registered for a seminar will ordinarily be required oral comments on the draft. to prepare or collaborate in preparing one or more written • Revised draft. The student submits a revised papers. The Curriculum Committee, however, may dispense draft of the paper or its equivalent. The in advance with the requirement of written work in par- instructor will then provide feedback on ticular seminars, but the completion of such a seminar by a the revised draft, and may in consultation student who does not do authorized written work in it will with the student choose to receive and to not entitle that student to legal writing credit. provide feedback on additional drafts. 1.7.1 A student registered for a seminar may, These stages may vary depending on the particular proj- upon the recommendation of the instructor, ect undertaken; and students should consult as needed with confirmed by the Dean, receive extra point their instructors on the appropriate plan of supervision in credit for extra work. A student who wishes Rules for the J.D. Degree 13

to receive point credit in addition to the point completed therein, and the grades received by the student. credit listed for a seminar in the bulletin of the No more than two residence terms of advanced stand- School of Law shall obtain written permission ing will be credited toward completion of a J.D. degree. No from the instructor in charge of the seminar credit will be given for work completed in an American law and shall register, during the regular registra- school which is not a member of the Association of Ameri- tion period, for the extra point authorized by can Law Schools. No credit will be given for work com- the instructor and approved by the Dean. pleted toward the basis of admission for the J.D. degree, or for 1.7.2 A student who is registered for a course or a summer school courses. seminar may, at any time, on the recommenda- Permission to take work in another law school toward satis- tion of the instructor, be excluded from the faction of the J.D. degree requirements shall be given only to offering for deficient work. A student who has students in good standing, and then only for especially good been excluded from an offering for unsatis- reasons. In each instance, permission shall be conditioned factory work or who fails to complete the upon approval, by the Rules Committee and the Dean, of the requirements of any offering for which he or school and of the course program chosen by the student. she is registered is not eligible to attend other courses or seminars for which he or she is not 1.10 Pro Bono Service Requirement already registered except by permission of the As a prerequisite for graduation, every student entering as Rules Committee. a first-year student during or after the 1993 Fall term, and every other candidate for a Columbia J.D. degree enter- 1.8 Work Under Other Faculties of ing during or after the 1994 Fall term, must complete 40 the University hours of qualifying public interest service after the start Within the limits prescribed by Rules 1.1.3 and 1.1.4 and of her or his second year of law school. A description of for good cause shown, an upperclass student may, with the qualifying public interest service may be obtained from the permission of the Dean, register and receive up to 12 units Director of Public Interest Programs. Students for whom of point credit for courses and seminars related to his or her this requirement presents a special hardship may bring that legal training but given by other faculties of the University fact to the attention of the Dean or the Dean’s designee for and not listed in the bulletin of the School of Law. Upon appropriate action. satisfactory completion of such authorized work, as indicated by examinations or their equivalent and such grades as the 1.11 Independent Work on Law School Journals Dean may have required, the student will receive such point or Advanced Moot Court Activities credit therefore as the Dean may have established in advance. A student who publishes written work in a law school jour- 1.8.1 Work done under other faculties of the Uni- nal, who serves as a member of an editorial board for a law versity shall be graded on the A-B-C-D-F scale school journal, or who serves as an upper-year coach for one and shall not be taken into account in deter- of the alternative first-year moot court programs, may reg- mining the student’s academic standing. Courses ister and earn point credit for such work for the term or with a grade below C do not carry J.D. credit. terms concerned. Not more than three points of credit may 1.8.2 Registration for work not listed in the School of be earned by a student under this paragraph, and no grade Law bulletin, even though not for Law School shall be assigned to such a point. credit, also requires permission of the Dean. 1.11.1 As used in these Rules, “law school journal” refers to any journal approved by the law 1.9 Work in Other Law Schools faculty for inclusion in the official Columbia In the case of students transferring from other law schools Law School course catalog. with credit for advanced standing and of students permitted, 1.11.2 Point credit is awarded for writing published under the provisions of the Rules, to take work in another law in a journal when the editor-in-chief has school toward satisfaction of the J.D. degree requirements, the reported to the Dean the author’s entitlement Rules Committee has power to determine in each individual to credit. Upon approval by a faculty member, case whether any courses taken at another law school shall be point credit may be awarded for writing sub- counted toward satisfaction of the course requirements. The mitted to but not published by a journal. Not amount of credit, which will be given for work completed, more than one point of credit may be awarded will depend upon the standards of the other school, the work for one long piece (for example, an average 14 Rules for the J.D. Degree

Law Review Note). the term or terms concerned, if the work is certified as satis- 1.11.3 Upon recommendation by the editor-in-chief factory by a faculty member and by the Moot Court Execu- to the Dean, one point of credit per term may tive Committee. Not more than four points of credit may be be awarded to a member of an editorial board earned by a student under this paragraph, and no grade shall of a journal who has conducted a substantial be assigned to such a point. amount of revision or editing during the term. The procedures for evaluating work of this 1.14 Faculty-Directed Reading Groups character are subject to review and approval by A student may receive one point of academic credit for the Journals Committee. Not more than two participation in a faculty-directed reading group. A reading points of credit may be earned by a student group with faculty member participation shall meet on a for work as a member of an editorial board. regular basis throughout the semester for a period of time 1.11.4 As used in these rules, “alternative first-year equivalent to a standard one-credit course. Reading group moot court program” refers to a program that, participation will be graded on a CR/F basis. Neither writ- at the recommendation of the Moot Court ten student work nor an examination is required to receive Director, has been approved by the faculty academic credit for reading group participation. No more as an alternative to the first-year foundation than two points of faculty-directed reading group credit may moot court program. be counted towards any student’s degree. 1.11.5 Upon recommendation to the Dean by a faculty member who serves as advisor to the 2. Examinations program, one point of credit per term may be 2.1 Regular Examinations awarded for service as an upper-year coach for 2.1.1 Written examinations are held at the end an alternative first-year moot court program. of each term in all courses completed dur- 1.11.6 Students may not receive point credit under ing that term. In other second- or third-year this paragraph for work that is submitted in courses extending through two terms, written the same or substantially similar form and that examinations may be held at the end of the receives point credit for Supervised Research fall term at the option of the instructor, who under Rule 1.5. will announce the decision to the class at an early date. 1.12 Service as a Teaching Fellow 2.1.2 Every student, whether matriculated or non- A student who serves as a teaching fellow under the active matriculated, must be present for examination supervision of a faculty member may register and earn in all courses for which he or she is registered point credit for such work for the term or terms concerned, unless excused by the Dean. No student is eli- provided that: gible for an examination in a course for which 1.12.1 Students may not earn point credit for serving he or she has not registered. as a teaching fellow in more than two courses; 2.1.3 Tentative examination schedules are prepared 1.12.2 Students may not earn point credit for serving early in the term but cannot be finalized as a teaching fellow more than once in the until the middle of the term. All students same course; should be prepared to sit for examinations 1.12.3 Students may not earn point credit for serving at any point throughout the examination as a teaching fellow that exceeds the number period. Under special circumstances, the of points of the course for which the service is Dean may permit the rescheduling of exami- performed. nations but work, personal or travel arrange- 1.12.4 Grading for teaching fellows shall be on a ments should be made to accommodate the CR/F scale. full examination period.

1.13 Second and Third Year Moot Court 2.2 Unexcused Absence from Examination A student who serves as a as a Moot Court Student Edi- A student who has not been excused by the Dean and is absent tor, Moot Court Student Judge, Director of the Harlan Fiske from the examination in any course for which he or she is Stone Program, or Director of the Jerome Michael Jury Pro- registered shall receive the grade of Failure in that course. gram, may register and earn point credit for such work for Rules for the J.D. Degree 15

2.3 Excused Absence from Examination no grades other than Credit (for all passing 2.3.1 A student who has been excused from taking grades) and Fail. A student electing this option an examination in a course must take, as a may revoke it at any time prior to graduation make-up examination, the next examination and receive or request a copy of his or her given in that course. If the content of the transcript with grades recorded in accordance course is changed before the next examina- with the above. In all cases, the transcript tion is given, the student will be required to received or requested by the student shall study the changed content. If the content of show, on a cumulative basis, all of the grades of the course is redistributed or omitted so that the student presented in a single format—i.e., no examination is given which fairly covers all grades shall be in accordance with those the same general subject matter, the student set forth above, or all grades shall be stated as may be required to take an additional course Credit or Fail. in lieu thereof. 3.1.3 Credits which appear on a student’s transcript 2.3.2 A student who in the last two terms of with the grade W shall not count toward that residence before expected graduation misses student’s GPA or eligibility for the receipt of the regular examination in a course for rea- academic honors, as set forth in Rule 3.2.3. sons beyond his or her control and without fault and who has no opportunity, prior to 3.2 Academic Standing the scheduled date of graduation, to take a 3.2.1 Kent Scholar. A student shall be named a make-up examination as provided in Rule Kent Scholar, in recognition of outstanding 2.3.1, shall be entitled to a special examina- academic achievement. tion in the course. The Rules Committee shall 3.2.2 Stone Scholar. A student shall be named a administer this Rule and shall determine the Stone Scholar, in recognition of superior aca- student’s eligibility for, and the time and place demic performance. of, the special examination. 3.2.3 No student shall be named a Kent or Stone 2.3.3 No special examinations shall be given except scholar for any academic year that does not as provided in the preceding paragraph. include at least 15 graded Law School points. Only grades in Law School offerings are cal- 3. Letter Grades culated in the award of honors. Any course for 3.1 Letter Grades which a student received the grade of W will not count toward graduation credit, the award 3.1.1 The Law School uses an alphanumerical grad- of honors, or the student’s GPA. ing system to evaluate students’ performance. 3.2.4 The grade for Failing work may result from In a timely manner, professors/instructors shall either of two circumstances: assign one of the following final grades to 3.2.4.1 the unexcused failure of the student to com- each student registered in his or her courses, ply with some requirement of the offering which shall be reflected in the student’s (e.g., unexcused absence from the final exami- academic transcript: A (with plus and minus nation), in which instance the grade shall not designations), B (with plus and minus desig- be subject to modification except with the nations), C, F, CR when so approved by the concurrence of the instructor; or Curriculum Committee, or W in accordance 3.2.4.2 poor performance by the student on an with Rule 1.2.7. examination or other basis for evaluation, in 3.1.2 Any student may, at any time, request that he which instance: or she be graded on the basis of Credit–Fail. 3.2.4.2.1 if the student receives only one grade of In such event, the student’s performance in Fail in any term, he or she shall have the every offering is graded in accordance with following options: the standards outlined above, and the grades 3.2.4.2.1.1 to participate, but not re-enroll in, the same entered on the student’s permanent transcript; course the next time it is given unless excused but the transcript released to the student, or from participation by the instructor after con- to others at the student’s request, shall contain sultation with the student, but in either event 16 Rules for the J.D. Degree

to take the examination when it is next given, any course or courses only with the concur- and if the student passes such re-examination, rence of both the instructor who gave the to have the grade of Fail changed on the grade of Fail and the student. record to the grade received thereon; or 3.2.4.4 A student shall not receive academic or 3.2.4.2.1.2 except in connection with required courses, writing credit in any offering in which the to let the grade of Fail remain on the record, performance is graded Fail. Students will be not to repeat the course, and obtain sufficient excluded from the school, on the basis of poor credits of satisfactory work in other courses to academic performance, either where: secure the necessary points for graduation; or 3.2.4.4.1 the student has received, cumulatively, four or 3.2.4.2.1.3 only with the consent of the instructor, to more grades of Fail (for this purpose, a grade undertake remedial instruction and submit of Fail shall be counted every time given, even to re-examination out-of-course, in which if it is given more than once for the same case if the student performs satisfactorily on course and even though a higher grade may the re-examination, the grade of Fail will be later be achieved); or changed to C. 3.2.4.4.2 the student has received a grade of Fail in a 3.2.4.2.2 The options set forth in the paragraph above required course or tutorial seminar in Legal are subject to the following understandings Methods or more than one Fail grade dur- and qualifications: ing an academic year, and the grade in the 3.2.4.2.2.1 grades received on re-examination, which required course or tutorial seminar or two or replace the grade of Fail pursuant to more of the grades fall into any of the follow- 3.2.4.2.1.1 or 3.2.4.2.1.3, shall appear on the ing categories: student’s record with an accompanying nota- 3.2.4.4.2.1 grade given for failure to comply with some tion to the effect that such grade was obtained requirement of the offering; or on a re-examination following unsatisfactory 3.2.4.4.2.1.2 grade given for poor performance, and the performance when the course was previ- student failed, for two school weeks following ously taken. Where the student has elected receipt of the grade and appropriate notice, to to have the grades recorded on a Credit/Fail consult with the instructor about his or her basis, a grade of Credit obtained under similar performance in the course and the options circumstances shall also appear on the student’s under Rule 3.2.4.2.1; or record with such accompanying notation. 3.2.4.4.2.1.3 grade given for poor performance, and the stu- 3.2.4.2.2.2 it is the faculty’s understanding that 3.2.4.2.1.3 dent does not rectify the situation by pursuing will be the usual device where impending one of the options provided in Section 3.2. graduation or delay in grading fifth-term 3.2.4.4.3 In other curricular offerings extending students, together with a want of other credits through the year, a single grade applying to toward graduation, foreclose the use of others the work of both terms may be recorded if within the usual period of the student’s law approved by the Dean and announced prior school career. to pre-registration. In all other courses and 3.2.4.2.2.3 in exercising these options, students must seminars extending through an academic year, be aware that the substitute course may be separate grades are recorded for the work required to meet the residence requirement of the first and of the second terms, and for for the prior term, and in that case could not grading and point-credit purposes the work also be counted toward the residence require- of each term is treated as if it were a separate ments applicable to other terms. course or seminar. 3.2.4.3 If the student receives two or more grades of 3.2.4.5 The Rules Committee may, upon petition, Fail in any term, such student shall instead re-admit students excluded on the basis of the pursue such course of study, upon such terms, above standard, on such conditions and subject as shall be prescribed by the Rules Com- to such limitations as the Rules Committee mittee; provided, however, that the Rules deems appropriate. If a student is excluded from Committee may permit expeditious remedial the school, and his or her petition for re-admis- instruction and re-examination in the case of sion is denied, arrangements shall be made to Rules for the J.D. Degree 17

refund an appropriate portion of tuition paid extension of time, shall be awarded a failing for any incomplete portion of a term during grade unless he or she petitions the Rules which the decision to exclude is made. Committee and is granted an extension or additional extension as the case may be, which 3.3 Satisfactory Progress. shall in no event exceed the limitations set A student is expected to make satisfactory progress toward forth above. A student who receives a failing fulfillment of the requirements for the J.D. degree. grade on written work, either by reason of 3.3.1 Without the approval of the Rules Commit- failure to make timely submission or unsatis- tee, and compliance with such terms and con- factory performance, will not be permitted to ditions as it may impose, a student may not: register for similar work in a subsequent term 3.3.1.1 Commence the fourth semester without hav- except on a topic substantially different from ing completed all the requirements save one the topic of such late or unsatisfactory work. associated with the first two semesters. 3.3.3 The Dean may refer to the Rules Commit- 3.3.1.2 Commence the fifth semester without having tee for appropriate action any student who is completed all the requirements save one asso- likely to be in violation of the foregoing stan- ciated with the first four semesters. dards at the end of the semester in progress. 3.3.1.3 Commence the sixth semester without hav- ing completed all the requirements save one 3.4 Disclosure of Grades associated with the first five semesters. Except with the consent of the student, a student’s transcript 3.3.1.4 Apply for the J.D. degree without having shall not be made available to anyone except the student and completed all the requirements save one asso- members of the faculty and administration of the School of ciated with the first five semesters. Law. Where a student elects to be graded on a Credit-Fail 3.3.2 To the extent that timely completion of any basis, no one shall have access to the transcript containing the point credit requirement depends on the original grades awarded except the administrative personnel submission of written work, the following in the Dean’s Office and the Registrar’s Office responsible for rules apply: entering grades. The student’s file available to the administra- 3.3.2.1 In the case of written work undertaken in the tion and faculty shall contain a transcript limited to grades of second year, an extension shall in no event be Credit and Fail. granted beyond the 15th day of October of In the absence of objection from a student, or a student’s the third year. election of a Credit-Fail mode of grading, the student’s grades 3.3.2.2 In the case of written work undertaken in the will be made available, on request, to Law School student fall term of the third year, an extension shall publications, to committees administering the Moot Court in no event be granted beyond the first day of and Teaching Fellows programs, and to other Law School the following April. activities or organizations seeking access to such information 3.3.2.3 In the case of written work undertaken in the who obtain the approval of the Dean and the Advisory Com- spring term of the third year, an extension mittee. In such instances, the number of recipients in any shall not be granted except in extraordinary such organization or activity shall be narrowly circumscribed, circumstances. Candidates for graduation are and they shall be obliged to treat such information as confi- hereby placed on notice that if such an exten- dential; breach of confidence shall be grounds for revoking sion is granted, it may result in postponement access. of graduation and of eligibility to take a bar If a member of the faculty is advised by a student that examination. the instructor has been given as a reference for employ- 3.3.2.4 In the case of students who by reason of ment or other purposes, the faculty member, in respond- interruptions of residence or who are not ing to an inquiry or submitting a recommendation, shall be otherwise on the normal three-year track, the free to describe all aspects of the student’s Law School work Rules Committee shall take the provisions of known to the faculty member or available on inspection of sub-paragraphs 3.3.2 as guidelines for estab- the student’s file. In all other instances where a faculty mem- lishing absolute limits on extensions of time. ber is queried about a student, comments shall be limited to 3.3.2.5 A student who fails to submit written work in first-hand observations of the student’s work and a general the time specified in this Rule, including any description of the student’s performance, but shall not, with- 18 Rules for the J.D. Degree

out the permission of the student, reveal the student’s grades 5.3 Class Attendance and Preparation in particular offerings (except the instructor’s own). 5.3.1 Regular attendance is expected of every stu- dent, whether he or she is a degree candidate 4. Degrees or a special student, at all meetings of the 4.1 University Action courses in which he or she is registered. A A degree will not be awarded unless the preliminary quali- student may be excluded from the examina- fications of the student are approved by the Director of tion in any course by the instructor in charge Admissions, and the student is matriculated as a candidate if he or she has not registered for and regularly for the degree. attended the course. 5.3.2 Adequate preparation of assignments, and 4.2 Application for the Degree informed participation in class discussion, are At pre-registration for the final term in which a student will expected of every student. In the absence of earn credit toward a degree, the candidate must file with the prior communication of a valid excuse to the Office of Registration Services an application for the degree. instructor, a student may be excluded by the If a degree is not awarded as anticipated by the applicant, a instructor from the class for which he or she new application must be filed prior to the start of the term in is unprepared, and if he or she is unprepared which the degree is to be awarded. on more than one occasion, he or she may be excluded from the examination in the course. 4.3 Diplomas The quality of a student’s preparation, and of Diplomas are issued at Commencement in May and in Octo- the participation in class discussion, may be ber and in February. considered by the instructor, without special notice, in determining the student’s grade in 5. General Regulations the course. 5.1 Students 5.3.3 Tape recordings are not permitted to be made Each person whose registration has been completed will be during classroom lectures except with the considered a student of the University during the term for approval of the instructor. which he or she is registered unless the connection with the University is officially severed by withdrawal or otherwise. 5.4 Demeanor No student registered in any school or college of the Univer- Behavior in every academic exercise is expected to be con- sity shall at the same time be registered in any other school sistent with general attentiveness. Suitable attire is expected; or college either of Columbia University or of any other casual clothing is appropriate for most occasions. In class- institution without the specific authorization of the Dean of rooms, eating, drinking, and smoking are prohibited. the school or college of the University in which he or she is first registered. 5.5 Withdrawals and Leaves of Absence The privileges of the University are not available to any Any student who has completed one term of residence in the student until registration has been completed. Since, under Law School and who is in good academic standing may apply the University statutes, payment of fees is part of registration, in writing to the Dean of Students for a leave of absence. The no student’s registration is complete until fees have been paid. student should state the reasons for the leave of absence and No student is permitted to attend any University course for the date of expected return to the Law School. Such appli- which he or she is not officially registered unless auditing cations will normally be granted for a period not to exceed privileges have been granted. No student may register after two years. In the case of a student under disciplinary sanc- the stated period without the written consent of the Dean of tion or charged with a breach of discipline in a pending pro- Registration Services. ceeding, the Dean shall attach such conditions to the leave of absence as may be appropriate to ensure that the student may 5.2 Academic Discipline not avoid such sanction or submission to such proceeding. The continuance of each student upon the rolls of the Uni- Unless otherwise specified, a student who is granted a leave of versity, the receipt of academic credits, graduation, and the absence may return to the Law School at or before the end of conferring of any degree or the granting of any certificate are such leave without making formal application for readmission. strictly subject to the disciplinary powers of the University. Rules for the J.D. Degree 19

Any student may request permission to withdraw from the length of employment, in what capacity the student was the Law School by applying to the Dean in person. Upon employed and a statement of the employer’s opinion of the approval by the Dean, the student must notify the Registrar student’s character. of his or her withdrawal in writing. Any student who with- draws or fails to register without being granted a leave of absence may return to the Law School only upon a formal Supplement application for readmission. Failure to attend classes or unofficial notification of instruc- Rules Regarding Written Work tors does not constitute formal withdrawal and will result in A student who puts his or her name on any written work Failing grades in all courses. offered in satisfaction of an academic requirement shall be deemed by that act to have certified that no unauthorized aid 5.6 Registration of Student Organizations has been received in connection with the work identified as Blanks for the registration of student organizations, other the student’s own. than those for which the responsibility is assumed by a faculty The directions given below are to be followed in the prep- or department of instruction, may be obtained at the room aration of all written work submitted unless the instructor assignment desk in the Office of the University Registrar. under whose supervision the work is being done indicates Such student organizations come under the jurisdiction otherwise. of the Student Affairs Committee of the University Senate. The paper should be typewritten or printed, double- They may be granted the privilege of the use of names in spaced, with name, 1 and 1/4 inch margins, either on legal which the name of the University is embodied or suggested paper or on letter-size paper (8 1⁄2 x 11 inches). The paper and the use of University rooms or grounds for meetings and should be securely stapled or clipped together, with a cover bulletin boards for announcements, only if they have filed page giving its title, the author’s name, and the name of the the registration blank. On this form, the organization must professor for whom it is written. The student must personally furnish the committee with lists of officers and other execu- sign the document, pursuant to the Law School rule respect- tive members, statement of purposes, copies of constitution ing certification. and by-laws, and information concerning the nature of any The Table of Contents (with references to pages of the affiliation or connection with non-university organizations. text) should come first, and its main heading should cor- respond to the main headings throughout the paper, which 6. Admission to the Bar should be centered on the page and typed in capitals. Subor- 6.1 Rules Governing Admission to the Bar dinate headings should be indicated by lower-case type. The footnotes must be separated from the text; they may Students should familiarize themselves with the rules gov- be put either at the bottom of each page of text, or bound erning admission to the bar in the states in which they intend separately and fastened to a folder so that the notes face the to practice and should comply with the requirements of such text. The footnotes should contain a digest of each case cited, states relating to age and preliminary education, and to law sufficient to show the relevance and strength of the case as school courses and other legal training. a holding on the point for which it is cited. Cite only those Students desiring to obtain the certificate of regular atten- cases that are sufficiently important to deserve this kind of dance issued by the School and accepted by the State Board presentation. of Law Examiners of New York as proof of a term’s study of The text should be concise and should discuss details of law must complete their registration in the University no cases only where the decision is a leading case, or for the pur- later than the last day of the change of program period in pose of illustrating a point in the text. A case once digested each term and must attend regularly the lectures and other need not be digested again if later referred to; one digest, exercises of the year. adequate to present all points, may be used by cross-reference For information concerning admission to the bar in the (see par. D). Pertinent statutory sections should be quoted in state of New York, applicants should address the State Board full wherever questions of interpretation are raised. of Law Examiners, 7 Executive Center Drive, Albany, New The form of citation should conform to the standard of the York 12203. Those expecting to apply for admission to the Columbia Law Review notes. In all case citations, the names bar in the state of New York are advised to keep a careful and of the parties, with both the official citation and such unof- detailed record of all employment, even the most temporary. ficial citations as the National Reporter series or the English It is highly advisable to secure from each employer, immedi- Reprints, should be given, together with the date. References ately on the termination of employment, an affidavit showing 20 Rules for the J.D. Degree

to texts or treatises should give the edition and date, together to discuss the availability of support services at the Law with page or section. Law review citations should give the School and also continue to be governed by Rule 3.2 volume, page, and date, and if an article, the author’s name (Academic Standing). followed by the title of the article. No citation should be included in the text. A citation once given may be referred to Process in subsequent footnotes by means of supra and followed by 1. The Office of Student Services will send a notice (the the number of the footnote in which the citation appears. “Notice”) to students in category A, B, or C above Where extra-legal data are derived from published materi- to inform them that their academic performance als, the publication should be cited. If based upon unpub- makes them subject to this section of the Rules for lished interviews or questionnaires, the method and scope of the J.D. Degree (the “Rules”). Student Services will the investigation should be stated, including names of indi- send the Notice at the earliest feasible time after a viduals from whom data were obtained and their official or student’s transcript contains the requisite information. business connections. The Office of Student Services will send the Notice Coherence and sustained analysis and synthesis of the sub- by email to the email address listed on LawNet. The ject matter are of the utmost importance. The student should Notice will include a copy of this policy and the name seek to attain these with as much grace of diction and style and contact information for the person in the Office as he or she can command. The paper should be a good deal of Student Services whom the student must contact. more than a digest of decisions. In general, use of the first 2. The Notice will inform students subject to this policy person should be avoided. An impartial presentation of rival that they must meet with a member of the Office of doctrines or analyses should precede, but does not preclude, Student Services to discuss the availability of Aca- the writer’s expression of his or her own preference. demic Support Services. 3. A student to whom the Notice is sent must contact Mandatory Academic Support Policy the Office of Student Services promptly. The student This policy is designed to provide academic and other types must respond within one week of the emailing date of assistance to students whose performance suggests that of the Notice. The response to the Notice must result they might benefit from such services and who might be in the student’s setting up an appointment with the hesitant otherwise to ask for help. The faculty believes that Office of Student Services. promptly providing students in academic difficulty with 4. A student’s failure either to respond to the Notice clear information about the seriousness of their status and within the required time period or to attend the man- the availability of assistance will help them address their datory appointment with Student Services will result problems expeditiously. in the following: This policy will apply to students in the following categories: (a) Students who fail to respond to a Notice sent during A. First-Year Students: A first year student must meet the summer or between the fall and spring semesters with Student Services to discuss the availability of sup- or to attend the meeting required by that Notice port services at the Law School when, at the comple- will not be eligible to register at the Law School for tion of the first or second semester, the student has: (i) a the upcoming semester (e.g., failure to respond to GPA below 2.8; or (ii) received one or more C’s or two a summer Notice will result in the student’s being or more B-minus’s within one semester; or (iii) at the ineligible to register for the fall semester). completion of the first year, has one or more unauthor- (b) Students who fail to respond to a Notice sent dur- ized incompletes. ing the fall or spring semesters or to attend the B. Upper Level Students: A student must meet with Stu- meeting required by that Notice will not be eligible dent Services to discuss the availability of support ser- to preregister at the Law School during the semes- vices at the Law School if the student has: (i) a cumu- ter that the Notice was sent (e.g., failure to respond lative grade point average below 2.9 at the end of the to a fall Notice will result in an inability to prereg- fourth semester; or (ii) two or more unauthorized ister for spring classes during the fall preregistration incompletes at the completion of the third, fourth or period). Registration and preregistration abilities fifth semester. may be reinstated by the Dean of Students, in her C. All Students Who Receive a Grade of F: Students or his discretion, even if a student’s response to the who receive any failing grades (F) during any semes- Notice is untimely. ter at the Law School must meet with Student Services Rules for the J.D. Degree 21

5. Students subject to this policy may continue their course of study only if they attend the requisite meet- ing with the Office of Students Services. 6. Should the Dean of Students decline to reinstate a student’s ability to preregister or register because of failure to respond to the Notice in a timely manner, the student may appeal to the Rules Committee for permission to register. The Rules Committee will handle all such appeals on an expedited basis. 7. The fact that a student is in category A or B, above, or is participating in Mandatory Academic Support Ser- vices will not be noted on a student’s official transcript.

Columbia Law School Rules for the J.D. Degree as revised June 2016. 22 Academic Procedure

Academic Procedures LawNet First-year J.D. students are assigned randomly to courses LawNet is the name given to a set of web-based services since the Foundation Curriculum is consistent for all students. that provide interactive access to the administrative databases Normally, the fall-term courses are Legal Methods, Legal Prac- of Columbia Law School. It allows Law School students to tice Workshop I, Legal Research, Civil Procedure, Contracts, register for classes, add/drop classes, access their grades and and Torts, and the spring-term courses are Constitutional course schedules, and change their contact information. It Law, Criminal Law, Property, Legal Practice Workshop II, and allows faculty members to access their class rosters and wait Foundation Year Moot Court. On occasion, there may be a lists to the minute, submit grades, view the face book direc- slight variation to the fall and spring term course assignments. tory, and more. In addition to being registered automatically for the courses just listed, in the spring term first-year students are required to Registration choose one non-doctrinal course from a slate of several first- Registration in the Law School consists of the following: pre- year electives. In November they participate in a lottery of registration (upperclass and LL.M. students), or assignment of first-year electives, and are required to rank their choices. A classes (first-year J.D. students); accessing the class schedule separate first-year lottery is run only for the elective courses, through LawNet (all students) or picking up a printed class and students are registered for one elective course. Spring- schedule (new students only); issuance of the Columbia iden- term schedules are released in December and can be accessed tification card (CUID) (new students) and CUID validation through LawNet. First-year students may not drop any courses, for each term registered; and participation in the Change of or register for additional classes in the Law School, in any other Program (Add/Drop) period (upperclass and LL.M. students division of the University, or at other institutions. only). The Law School’s Office of Registration Services han- dles all aspects of course registration for Law students. Change of Program Since new students (1Ls, LL.M.s, transfers, and visiting) During the official Law School Change of Program (Add/ may not have immediate access to LawNet, printed course Drop) period each term, upperclass and LL.M. students may schedules are distributed during Registration and Orienta- make changes to their program by adding and/or dropping tion. In addition, all new students are issued the Columbia ID most regular offerings using LawNet. They also may regis- card (CUID), are given computer accounts, and are assigned ter for research and writing by completing the appropriate to lockers in the Law School. New students are required to Research and Writing Registration Form. LawNet cannot be pick up their schedules and registration materials in person. used to complete or adjust registration for research and writ- ing credits, clinics, externships, permission courses, journals, Pre-Registration and Registration moot courts, and courses outside the Law School. Pre-registration for upperclass and LL.M. students is a pro- To register for any research or writing category (Super- cess to select courses and seminars. Registration Services runs vised Research Paper, Teaching Fellow, Service as Unpaid a computerized scheduling lottery in accordance with the Faculty Assistant, Research for the LL.M. Degree, LL.M. Faculty Resolution on the Allocation of Scarce Instructional Writing Project, LL.M. Essay, Associate Writing Credit, Resources (see below), and the results are distributed before Research for the J.S.D. Degree, Major Writing Credit, and the first day of classes each term. Pre-registration for continu- Minor Writing Credit), students need to complete either the ing students occurs in the spring for the fall term (during J.D. or the Graduate Legal Study Research and Writing Reg- the summer for LL.M., transfer, and visiting students), and in istration Form, and submit it to Registration Services after November for the spring term. Detailed information is sent having secured the faculty member’s signature agreement to to students prior to the start of pre-registration each term. supervise the student’s work. Registration Services then will For upperclass and LL.M. students, the results of the course enter this information on the student’s registration record. lottery, reflecting a student’s pre-registration selections, and The forms are available from the Office of Registration Ser- showing both the courses received and the courses for which vices, and at web.law.columbia.edu/registration/forms. the student is wait-listed, can be accessed through LawNet Students do not register through LawNet for permission in mid-August for fall-term classes, and in December for courses, journals, clinics, externships, or moot court offerings. spring-term classes. The instructors or journal editor-in-chief will notify Regis- tration Services of the participants in these offerings and the student registration records will be annotated accordingly. Academic Procedure 23

For information on cross-registering for a non-Law offer- There are limitations on the number of non-Law credits ing at Columbia University, see Registration for Non-Law that can be applied toward the Law degree and J.D. students Offerings, below. are advised to read the Rules for the J.D. Degree carefully. To drop a course after the official Law School Change of Graduate Legal Studies students are advised to check the Program period each term, see Other Registration Rules and requirements for their degree. Responsibilities, below. Please be aware that University courses may not carry full point credit toward the Law degree. Each academic point Wait List Procedure earned for non-Law courses must represent at minimum a The Law School has a two-phase Change of Program (Add/ 50-minute classroom meeting each week throughout the Drop) period. Beginning one week before the start of classes, term, as is similarly required of Law offerings. Such study students can use LawNet to make voluntary changes to their must be evaluated by written examination or term paper, and term schedules: register for an available class, drop a class for thus credit for the Law degree (J.D., LL.M., J.S.D.) will not which they already are registered, add themselves to a wait be awarded for some courses (e.g., conversational language list, or drop from a wait list. The second phase of the Change courses, music performance classes, studio classes, language of Program period begins on the very first day of classes for courses for LL.M. and J.S.D. candidates). Courses with grades the term, and lasts for one week. During this second phase, lower than C will not be accepted for credit toward the Law the mandatory wait-list process is in effect. Students on wait degree, nor will they count toward term residence credit. lists will be notified promptly of openings for which they All courses taken outside the Law School, whether for Law have priority. They will be given 12 hours after notification credit or not, must be graded on the A-B-C scale. Pass/Fail or to register for the offering or the open option will be auto- other non-evaluative grades are not permitted. Grades earned matically revoked and the class offered to the next student in other divisions of the University, as part of the NYU on the wait list. Notification will be by email and does not Exchange Program, or at other schools, will not be factored mean automatic registration in the offering. It is the student’s into Law School honors calculations nor will they appear in responsibility to check for notification and to take appropri- LawNet. Grades earned in other divisions of Columbia Uni- ate action to register for the class within the specified period. versity will be reflected on the official Columbia University Students are advised to pay careful attention to their wait list transcript, but grades earned for courses taken at any school position on LawNet. If you have been wait-listed for a class, use outside Columbia will not. your wait-list position on your schedule to assess your chances If a petition for a non-Law class is approved, Registration of getting into a previously closed class and to plan accordingly. Services will complete the registration. There is a separate application process for Columbia Business School courses Registration for Non-Law Offerings at and for courses offered as part of the Columbia/NYU Law Columbia University School Exchange Program. Additional instructions for com- To cross-register for a non-Law course at Columbia Univer- pleting registration for non-Law courses is provided in the sity, you must petition for it by completing a Petition Form pre-registration materials and at the time you are notified of and submitting it to Registration Services. Students must the decision on your petition to cross-register. Some offer- explain on the petition why the non-Law course is necessary ings require instructor or departmental approval, and all SIPA to their legal career. Petitions to take a non-Law course for (School of International and Public Affairs) courses require credit toward the Law degree will be approved only if the the approval of the Assistant Dean for SIPA. course is related to the student’s legal training. Generally, only If you decide to drop a non-Law class, be sure to notify graduate-level courses are approved for degree credit, except Registration Services so that the course can be removed from for language courses. Degree credit will not be awarded for your Law School records. conversational language courses, music performance classes, The University’s Directory of Classes is available online at studio classes, and the like. A petition is required even if you www.columbia.edu/cu/bulletin/uwb. are not requesting Law credit for the course. In order for Registration Services to process the petition, all informa- Other Registration Rules and Responsibilities tion about the course must be included (call number, course • A student is permitted to register only for those courses number, days/times, points, instructor). that have been approved by Registration Services and Registration as an Auditor is not permitted for any course. that have been appropriately registered with the Uni- Each student is responsible for any fees associated with non- versity, including courses that will not earn credit toward Law classes. the Law degree. 24 Academic Procedure

• All program changes subsequent to registration must be travel and personal plans to incorporate the full exam made through Registration Services as permitted by the period. If you self-identify with the Office of Disability degree Rules. Services (ODS) and are granted special examination con- • Students are advised to carefully check their degree ditions, please notify the Dean of Registration Services as requirements and to make certain that they meet and soon as you receive confirmation of your special examina- maintain full-time residence each term. tion accommodations from ODS. • A student may not register for courses that conflict in Law School students who have an exam conflict in non- any meeting time(s), even by a few minutes. Law courses must reschedule the non-Law School exam. • Registration as an Auditor is not permitted for any Rescheduling of exams is permitted for the following reasons: course, either at the Law School or any other Columbia 1. Two (2) Law School exams scheduled on the same day. University division. One of the exams will be rescheduled to the first exam • Permission to drop a course after the close of the Law day on which the student does not have a scheduled School’s official Change of Program (Add/Drop), and exam and that will not create an exam conflict requiring through October 15 in the fall term and through Feb- further rescheduling. ruary 15 in the spring term does not require Rules 2. Proctored or fixed-date take-home exams can be Committee approval. However, instructor permission rescheduled to allow a 36-hour period between the start is required for these late withdrawals from a course, and of two exams. For example, a student having proctored a grade of W (indicating “withdrew”) will be entered or fixed-date Law School exams scheduled for both into the student’s official transcript for such late drops. Monday and Tuesday can reschedule the Tuesday exam Students will not be allowed to drop a course if the to Wednesday. drop results in a loss of term residence. See Rule 1.2.8 3. Illness on the day of the exam: Any excuse granted on for additional information. Informal “dropping” of a grounds of illness or other physical disability is con- course (e.g., failure to attend) results in a grade of F as ditioned upon receiving a satisfactory medical note a permanent entry on the student’s record. No course from the attending physician within a reasonable time may be dropped after the last meeting of the course for (one or two days, and by no later than the end of the the term. examination period). • Failure to meet pre-registration and registration require- 4. Birth of a child: An exam will be rescheduled if the stu- ments may result in the forfeiture of status in the selec- dent is attending the birth of his/her child. tion of course offerings. 5. Religious Observance: An exam will be rescheduled if • The University assesses late fees for late registration it conflicts with a religious observance on the day of and late payments, and finance charges for delinquent the exam. payments. 6. Bereavement: An exam will be rescheduled in the event of a death in the student’s family and the student is Examinations attending the funeral or grieving. The Academic Calendar includes information on the exam 7. In other exceptional and documented circumstances. periods for all Columbia Law School courses. Tentative examination schedules are prepared at the beginning of each Examinations will only be rescheduled AFTER the term, after the faculty has determined the nature of the exam, originally scheduled date, never before. All rescheduled but schedules are subject to change. exams must be taken before the end of the final exam period, Students are expected to appear at or turn in an exami- unless Registration Services needs to reschedule the exam nation at the stated time and place. Failure to do so will for another time (usually only in cases where a later exam result in a grade of Failure (F). If you are unable to appear date is warranted by documented special circumstances such for an examination at the proper time, please contact Reg- as illness). istration Services at 212-854-2668, or email, Registrar@ These regulations apply to all Law School exams, not only law.columbia.edu. Please be advised that no adjustment to finals in December and April/May. Students having any of will be made for employment schedules, travel, or personal the above conflicts should email Registration Services once arrangements which conflict with the exam schedule. As the exam schedule is published, and no later than one month stated in the Law School Rules, “All students should be in advance of the exam date, in order to adjust their exam prepared to sit for examinations at any point throughout schedule. Registration Services will determine which exam the examination period,” so it is advisable to make your will be rescheduled and will notify you of the date and loca- Academic Procedure 25

tion of your rescheduled exam shortly before the start of the and February 15 in the spring term. Some courses and clin- exam period. ics offer a grade of CR (credit) as an option, while other Exams also may be rescheduled because of illness. Any courses, and some research and writing categories, are graded excuse granted on grounds of illness or other physical dis- as Credit/Fail. There are very few Credit/Fail courses at the ability is conditioned upon receiving a satisfactory medical Law School, and courses with this grading system will so note within a reasonable time (one or two days, and no later indicate in their online descriptions. than the end of the examination period). Work in Columbia University schools other than Law will All rescheduled exams must be taken before the end of be graded on the A-B-C-F scale. A minimum grade of C is the final exam period, unless Registration Services needs to required to earn credit in such offerings. For work under- reschedule the exam for another time. Examinations will be taken while visiting at other Law Schools, both in the United rescheduled only after the originally scheduled date, never States and abroad, a minimum grade of C is required to earn before. Law credit. It is important to note that only rescheduling arrange- Grades for fall term courses are due by the Friday before ments made officially through Registration Services will be the first day of the spring term. For spring term courses, honored. Before you take your rescheduled exam, you will grades are due by June 15 for continuing students, and by be asked to sign a Certification of Examination Performance the week before Commencement for May degree candidates. that you have not discussed the exam (verbally, electroni- Instructors who have 150 or more exams to grade are given a cally, or in writing) with any other student taking the exam, week or so extra to submit all their grades. For detailed infor- and that you have not and will not share or communicate, mation, see page 29 and the May 2012 Faculty Resolution on directly or indirectly, any information relating to the nature Grade Submission Dates. or content of, or answers to, the exam. If you believe that you In the spring term, instructors are asked to submit grades cannot sign the certification, for whatever reason, you must for graduating students early so that Registration Services notify the Dean of Registration Services immediately. can complete graduation clearance prior to Commence- Students may not take a second examination in a course ment. To allow sufficient time for instructors to grade written for which they have already earned a passing grade. work for graduating students, their deadline for submission of The Law School offers students the option of taking in- papers is the last day of classes for the term. class proctored exams (essay-type only) on their own laptop Law grades are posted on LawNet for student viewing computer through the use of exam software that is provided once instructors notify Registration Services that grades free of charge to all. As an alternative, students may choose to are final. On a regular basis, Registration Services transmits handwrite their exams. grades electronically to the University’s Student Information Law School examinations are administered and graded System. Grades appear on a student’s official University tran- using an anonymous grading system (i.e., the faculty does script once this grade transmission has been completed. not know the identity of the examinee whose paper she or Only grades for Columbia Law School courses are reflected he is grading). Your answers are identified only by a randomly in LawNet. Grades earned for courses taken at other schools assigned exam number. Your identity is revealed to your (e.g., other law schools while a visiting student, study abroad instructor only after she or he has assigned your exam grade. programs, joint degree programs, NYU Law School as part of The instructor then can make adjustments for class partici- the CLS-NYU Exchange program) will not be reflected on pation or other criteria before finalizing and releasing your the Columbia University transcript, but grades taken at other grade for the course in LawNet. Columbia University divisions will. Grades earned in courses Visit web.law.columbia.edu/registration/exams for taken outside Columbia Law School will not be factored into additional exam information. honors calculations. Students must be in residence at the Law School for the entire academic year in order to be eligible Grades and Transcripts for honors and must be Columbia Law School J.D. or LL.M. With a resolution passed in December 1994, the Faculty of degree candidates. Law established the grading system of A, B (both with plus and minus designations), C, F. In May 2008 the Faculty of Extensions on Written Work Law passed a resolution adding the grade of W, to be recorded Unless the instructor assigns an earlier due date for written on the official transcript when students withdraw from a work, the submission deadline normally is the last day of the course after the close of the Law School’s official Change final exam period each term (see exceptions below). If you of Program period and through October 15 in the fall term request and are granted an extension of time to complete 26 Academic Procedure

your written work, please pay careful attention to the dead- Grade Access lines for submitting such work. Extensions for incomplete To access your grades through LawNet, go to http://www. work cannot exceed the stated limits, which require us to law.columbia.edu/lawnet. You will need a User ID and a record a grade of Failure if work is submitted after the speci- Password, which will be given to you during the computer fied deadlines. See Rules for the J.D. Degree article 3.3, Sat- training sessions sponsored by the Law School’s Department isfactory Progress, for more information. of Information Technology (IT) during orientation or early Graduating students: For May degree candidates, April 1 in the term. These sessions can also be completed online. For is the deadline to submit outstanding written work from the assistance with LawNet, contact the Information Technology prior fall term if the instructor granted you an extension. For Help Desk at [email protected]. spring term written work, the deadline is the last day of spring To obtain access to the University’s many student services, term classes, unless the instructor specifies an earlier due date. including the grades on your official University transcript, For October candidates, September 1 is the deadline; and for you must set up your University network account by visiting February candidates, December 31, is the deadline. the Columbia University Information Technology (CUIT) Continuing students: October 15 is the absolute dead- website at www.columbia.edu/cuit. For new students, addi- line for continuing students to submit outstanding written tional information is provided during the mandatory IT work from the prior academic year, provided the instruc- computer training sessions. tor approved an extension. Keep in mind that students can- not carry more than one incomplete grade into the follow- Ordering a Transcript ing academic year. Thus, students who have more than one Official transcripts may be ordered only from the Universi- outstanding grade by late August will not be permitted to ty’s Office of the Registrar. Visithttp://registrar.columbia. register for the fall term and a hold will be placed on their edu to order your transcripts online and for additional infor- registration unless the instructor confirms that the written mation. You may request multiple copies of your transcript, work was completed and the grade will be forthcoming. which can be sent to multiple addresses. Currently enrolled students and former students with access to Student Services Academic Year Honors Calculations Online (SSOL) may order a transcript through SSOL. If you For students graduating in May, academic year honors deter- do not have access to SSOL, you may submit a request by minations (Kent and Stone) are made a week or two after completing the form available at http://registrar.columbia. Commencement. For continuing students, honors calcula- edu. In-person requests may be made at the counter service tions are made between June and late July, once all grades area in 205 Kent Hall. have been submitted. To capture late grade submissions, a final honors calculation for the academic year just ended is Holds made during the last week in July. Students cannot receive The University reserves the right to withhold the privilege of academic honors for a year that includes a grade of incom- registration or any other University privilege from any per- plete. Therefore, if you wish to be considered for Kent or son, and does so predominantly for the following reasons: an Stone honors, you are advised to consult with your instructor unpaid debt to the University (e.g., tuition, fees, housing), an about a submission date for your work that will allow him/ academic issue, or a lack of immunization compliance with her enough time to read your written work and to record Health Services. In such cases, a hold is placed on a student’s your grade by not later than the last week of July. registration, transcript, records, and diploma. Students must be in full-time, on-site residence at the Students on hold will not be able to pre-register, cannot Law School for the entire academic year in order to be eli- receive a registration schedule, cannot be included in the class gible for Kent and Stone honors. Grades earned in courses lottery, cannot participate in the Change of Program period taken outside Columbia Law School (e.g., other divisions and thus may lose their place on the wait list for classes (for late of the University, NYU Law School as part of the CLS- holds—classes will be released to other students on the wait NYU Exchange Program, other law schools while a visiting list), will not have access to financial aid funds, may lose the student, study abroad programs) will not be factored into ability to defer repayment of student loans, and cannot have honors calculations. the Columbia ID card validated (which may prevent access to University buildings). Since registration for a subsequent term will not be permitted for students on hold, you may lose all rights and privileges as a Columbia University student. Academic Procedure 27

Only the office that applies the hold may remove it. You Petitions for Exceptions to Academic Rules may check your hold status online at https://ssol.columbia. Students may petition the Rules Committee for exceptions edu. Contact the holding office to remove or dispute the to the rules governing a particular degree program, and for hold, or to address any error you believe may have occurred. other reasons as specified in the Rules for the J.D. Degree Once you have cleared a hold, it is important that you make or in the requirements for the LL.M. and J.S.D. degrees. The sure the hold has been removed from your University records. Rules Committee consists of several, full-time faculty mem- bers and three student members who are selected to serve for Withdrawals and Leaves of Absence the given academic year, together with the Dean of Students J.D. students should refer to the Rules for the J.D. Degree for and the Dean of Registration Services. Petitions should be in the Law School’s policy on withdrawals and leaves of absence writing and should be submitted to the Dean of Registration (Article 5.5). Students in the LL.M. and J.S.D. programs Services along with any supporting materials. should consult with the Office of Graduate Legal Studies. Many petitions dealing with routine matters can be A student in good academic standing who is not subject to decided on quickly, without formal committee deliberation. discipline will always be given an honorable discharge if the These include requests for permission to: student wishes to withdraw from the University. If the stu- • cross-register for a non-Law course/seminar (make sure dent is under 21 years of age, a parent or guardian must first to read the rules regarding cross-registration) give consent in writing. • exceed the 15-point Law School maximum per semester Any student who has completed one term of residence (note that 16 points is the absolute semester maximum in the Law School and who is in good academic standing by ABA rules) may apply in writing to the Dean of Students for a leave of • take 11 points for one semester in the second or third absence. In the case of a serious medical issue, students can year (12 is the minimum number of points for J.D. resi- apply for a leave of absence prior to completing one term of dence; only one 11-point semester may be allowed) residence. The student should state the reasons for the leave of • reschedule an exam absence and the date of expected return to the Law School. • pursue an approved joint degree program Such applications will normally be granted for a period not • take a leave of absence of up to four (4) terms to exceed two years (four terms) for J.D. students. In the case • convert ALL Law School grades to CR/F of a student under disciplinary sanction or charged with a (J.D. students only) breach of discipline in a pending proceeding, the Dean shall Petitions relating to more significant matters will be attach such conditions to the leave of absence as may be referred to the Rules Committee for a final decision and appropriate to ensure that the student may not avoid such students may choose to submit such petitions directly to the sanction or submission to such proceeding. Unless otherwise Chair of the Rules Committee. These include requests to: specified, a student who is granted a leave of absence may • withdraw from a course after the expiration of the Law return to the Law School at or before the end of such leave School’s official Change of Program period without the without making formal application for readmission. entering of a W grade on their official transcript. See LL.M. and J.S.D. students considering a leave of absence Rule 1.2.7.4. should check with the Dean of Graduate Legal Studies. • withdraw from a course after October 15 in the fall Any student may request permission to withdraw from semester and February 15 in the spring semester, but the Law School by applying to the Dean in person. Upon before the last day of classes in the semester and have approval by the Dean, the student must notify the Registrar the withdrawal recorded on the official transcript as a W of his or her withdrawal in writing. Any student who with- instead of an F. See Rule 1.2.8.2. draws or fails to register without being granted a leave of • add a course after the expiration of the Law School’s absence may return to the Law School only upon a formal official Change of Program period. Such a petition application for readmission. will be considered only in exceptional circumstances Failure to attend classes or unofficial notification of instruc- if the student can demonstrate compliance with ABA tors does not constitute formal withdrawal and will result in attendance rules and has secured the permission of the Failing grades in all courses. instructor to be added to the course. See Rule 1.2.8.5. See the University Registrar website for additional infor- • pursue an ad hoc joint degree program (minimum mation on withdrawals and the adjustment of fees. Columbia Law School residence required: 5 full-time 28 Academic Procedure

terms and 71 Law points at Columbia Law School). Ad will have high numbers in the spring, and vice-versa. The hoc joint degree programs may need to be referred to lottery positions are also reversed on succeeding rounds, the faculty for approval. so that students who picked early for first offerings will • take a reduced-load program because of special needs pick late for second offerings with further reversals in (e.g., disabilities, parental responsibilities—refer to Law succeeding rounds. School Rule 1.2.4). 3. The LL.M.s: LL.M.s get first priority, subject to a single • spend a term or year of study at another ABA- limitation: No more than 33 percent of the openings in approved law school. The student must explain the a class can be filled by LL.M.s during the early rounds of personal and compelling reasons requiring him/her the lottery. If the instructor wishes to allow a larger per- to be in another city. Such requests are granted only centage of LL.M.s in a particular offering, she or he may in extraordinary circumstances. do so by notifying the Office of Registration Services. • obtain any other exception to the rules governing a 4. Upperclass J.D.s: Next preference goes to 3Ls. For the degree program, aside from those listed above. most part, 2L selections are subordinated to LL.M. and Some petitions can be decided on within two to seven 3L selections. The exception is that 2Ls receive a single business days; others may require a meeting of the Rules selection in the third pass. Committee or the faculty and will take longer. It is advisable 5. Alternatives: For each selection, students may offer an to make your petition as early as possible and not to assume alternative to be used if the first choice is unavailable. If the results of a petition. the first choice cannot be scheduled, the student will be put on the wait list for it and scheduled into the alter- Faculty Resolution on the Allocation of nate, if possible. Scarce Instructional Resources 6. Conflicts: The computer will not schedule a student into In May 1991, the Faculty of Law adopted the following pro- two classes that meet at the same time. Students will be cedures for a computerized scheduling system to provide stu- put into the first class that the computer schedules. dents with a fair opportunity to register for Law courses and 7. Scope: The allocation procedure will apply to all courses seminars. In May 2007, the faculty approved a modification and seminars except: (a) clinical seminars (which are to the Change of Program (Add/ Drop) period that resulted subject to allocation by clinicians), (b) other seminars to in a 12-hour wait-list notification period (see Item 8, below). which admission is allocated by instructors (subject to 1. The General Plan: All students are first assigned a ran- prior faculty approval), (c) Foundation courses offered in dom position within their category (LL.M., 3L, 2L). the second year. Based on the position in their group, student selections 8. Wait List: Students on wait lists will be promptly notified are considered in the following order. of openings for which they have priority. They will be a. Each LL.M. student obtains two choices (limited only given 12 hours after notification to register for the offer- by the competition of other LL.M. students and by a ing or the option will be automatically revoked and the percentage limit, described below). class offered to the next student on the wait list. Notifi- b. Each 3L student obtains two choices (limited only by cation will be by email. the competition of other 3L students and the preced- ing LL.M. preference). Faculty Resolution on Principles of c. Each 2L student obtains one choice (in competition Academic Honesty with other 2L students). In October 2003, the Faculty of Law adopted the follow- d. Each LL.M. obtains a third choice. ing principles of academic honesty by which students are e. Each 3L obtains a third choice. expected to abide. These principles are the cornerstone of f. Each LL.M. obtains a fourth choice. educational integrity at the School of Law. They also reflect g. Each 3L obtains a fourth choice. the legal profession’s special obligations of self-regulation. h. Each 2L obtains second, third, and fourth choices. Students are expected to familiarize themselves with these 2. The Lottery: Within any category, competitive posi- principles during initial orientation and before taking an tions will be determined by the computer randomiza- examination or submitting any work for credit toward a tion (separate groups will be formed for LL.M., 3L and degree. Academic dishonesty—attempted or actual—will not 2L students). Lottery positions will be reversed in the be tolerated. spring, so that persons with low numbers in the autumn Academic Procedure 29

Academic dishonesty includes, but is not limited to: student who has not yet taken this examination, (d) I have 1. Plagiarism: Failure to cite or otherwise acknowledge in complied fully with all instructions given by the instructor any paper, exercise, or project submitted for credit ideas relating to this examination, including any restrictions on or phrases gained from another source such as published access to materials or sources of information. text, another person’s work, or materials on the Internet I understand that the relative autonomy of the legal profes- unless the source is obvious from the context given. sion carries with it special obligations of self-regulation as 2. Self-Plagiarism: The submission of one piece of work outlined in the Columbia Law School Bulletin/Handbook in more than one offering or in any two exercises and that any violation of this certification will subject me to for credit without the explicit permission of the instruc- discipline, including possible suspension or expulsion by the tors involved. Law School, declination to certify for admission to the Bar, 3. Preparation by another: The submission of work and sharing of information about discipline with Bar admis- as one’s own that has been prepared by or purchased sions committees. I further understand that the Law School is from another. required to notify Bar admissions committees if a student has 4. Cheating: To give, receive, take assistance, or make been the subject of disciplinary proceedings, regardless of the unauthorized use of information from written material, outcome of those proceedings. another person, his or her paper, or from any other source (except as explicitly allowed by the instructor) before or Student Certification of Written Work during an examination or other written exercise. I certify that the attached written or electronically trans- 5. Violation of instructions: Failure to abide by the mitted material is my own work. I further certify that (a) explicit directions or instructions of an instructor with I have formally cited or otherwise fully acknowledged the regard to a performance for credit. quotations, ideas, and wording used here from other sources, 6. Falsification of work product: Falsification or misrep- whether published or unpublished, in written or electronic resentation of data, evidence, or other reportable obser- form, (b) I have engaged in no falsification or misrepresen- vations in any course or other exercise for credit. tation of data or experience in this submission, (c) I have 7. Impermissible collaboration: The violation of the rules disclosed any collaboration not specifically authorized by on acceptable collaboration on projects, papers, exer- the instructor. cises, or examinations set by a faculty member or Law I understand that the relative autonomy of the legal profes- School committee. sion carries with it special obligations of self-regulation as 8. Tampering with materials: Removing, hiding, or alter- outlined in the Columbia Law School Bulletin/Handbook ing library materials or stealing another person’s materials. and that any violation of this certification will subject me to 9. Facilitation of academic dishonesty: Facilitating discipline, including possible suspension or expulsion by the academic dishonesty by enabling another to engage in Law School, declination to certify for admission to the Bar, such behavior. and sharing of information about discipline with Bar admis- sions committees. I further understand that the Law School is In further clarification and recognition of the standards required to notify Bar admissions committees if a student has of academic conduct to be met, students sign the following been the subject of disciplinary proceedings, regardless of the language of certification, Student Certification of Exami- outcome of those proceedings. nation Performance, when submitting any exam, and Stu- dent Certification of Written Work when submitting work Faculty Resolution on Grade Submission Dates for credit. In 2012, the Faculty of Law adopted the following resolu- tion for the submissions of grades, effective with start of the Certification of Examination Performance 2012–2013 academic year. I certify that (a) I have not received any information (other than that provided by the instructor or the Law School gen- I. For fall semester courses: erally) regarding the content of this examination, (b) since A. All grades shall be due on the Friday before the start receiving the examination, I have not discussed it (verbally, of the spring semester, except that electronically, or in writing) with any other student taking B. for any faculty member required to grade 150 exami- the examination, (c) I have not and will not share or commu- nations or more from all courses he or she has taught nicate, directly or indirectly, any information relating to the in the aggregate that semester nature or content of, or answers to, this examination to any 30 Academic Procedure

1. the grades for one course, if it has fewer than 150 C. for any faculty member required to grade 150 exami- examinations, shall be due on the Friday before the nations or more from all courses he or she has taught start of the spring semester; in the aggregate that semester 2. the grades for all remaining courses, or for any course 1. the grades for one course, if it has fewer than which by itself has 150 or more examinations, shall 150 examinations, shall be due by June 15 (or if a be due by the first Monday of the spring semester. weekend day, the Monday thereafter); II. For spring semester courses: 2. the grades for all remaining courses, or for any A. For graduating students, all grades shall be due not course which by itself has 150 or more examina- later than the Friday before Commencement or tions, shall be due by June 25 (or if a weekend day, such later time as the Dean of Registration Services the Monday thereafter). determines is consistent with enabling May degree candidates to graduate. B. For all other students, all grades shall be due by June 15 (or if a weekend day, the Monday thereafter) except that Tuition and Fees 31

Tuition and Fees The following fees, prescribed by University Statute, are for for hospital care and standard major medical coverage also is the 2016–17 academic year and are subject to change at the required unless students can show proof of comparable cov- discretion of the Trustees. For the latest information, visit: erage under another plan. To help ensure that international www.sfs.columbia.edu. students have access to the highest quality of care on- and University charges such as tuition, fees, housing (residence off-campus, Columbia University requires all interna- halls and some apartments), and board plans, are due and pay- tional students to enroll in the Columbia Student Health able in full by mid-September for the fall term, and by mid- Insurance Plan. For details regarding this requirement, please January for the spring term. In addition, newly admitted Law visit the Health Services website (http://health.columbia. School degree candidates who accept the School’s offer of edu/students/international-students). For benefits attain- admission are required to submit a deposit fee to reserve a able under the various health plans, for regulations govern- place in the entering class. This amount is credited toward ing waiver of participation, and other information, visit the tuition when the student registers. Health Services website at https://health.columbia.edu. It is the policy of the University to withhold diplomas, certificates, and transcripts and to withhold registration until Health Service Fee, Per Term all financial obligations have been met. Fall 2016 Spring 2017 In the event a diploma, certificate, or transcript is withheld Health Service Fee $510 $510 because of an unpaid bill, a student will be required to arrange Health Insurance fees for 2016–17 will be: for online payment or use a certified check, money order, or Insurance Fees Fall 2016 Spring/Summer 2017 cash to release any of the aforementioned documents. Student Gold Level $1,090 $1,772 Student Optional Tuition Platinum Level $1,586 $2,578 For 2016–17, tuition each term (for a program of 10 to 19 Coverage Dates by Term points) will be $31,524; each additional point of credit is Fall 2016: August 15–December 31, 2016 $3,152. Tuition for a full year (2016–17) will be $63,048. Spring/Summer 2017: January 1, 2017–August 14, 2017 General Fees for 2016–17 Late Payment Charges University Facilities Fee $461 per term If Columbia University does not receive the total amount Student Activities Fee $135 per term due for the term on or before the payment due date, you Document Fee $105 will be subject to late payment charges. A one-time charge, A one time fee for new Columbia University students. $150 per term, will be imposed on your student account if your payment is not received by the payment due date for International Students and Scholars Office (ISSO) Fees the term. In addition, a charge of 1.5 percent per billing cycle International Services Fee $70 per term will be imposed on any amount past due thereafter. This fee supports the University’s services to international students (those holding a nonresident visa). Late Registration Fee Administrative Processing Fee $100 You will be assessed a $50 fee if you register during the Uni- A one-time fee for newly-admitted international students for versity’s late registration period. You may be permitted to Columbia University visa supervision. register after the late registration period in certain schools; a $100 fee will be assessed. Visiting Fee Visiting Fee $3,152 per term Application Fee (Columbia J.D. approved for study at another U.S. law school) Application for admission: $85.

Health Service Fees and Insurance Premiums Withdrawal and Adjustment of Fees Fees are assessed for several elements of the medical care J.D. students should refer to the Rules for the J.D. for the Law and health and accident insurance coverage provided by the School’s policy on withdrawals and leaves of absence (page 18, University. A basic fee, mandatory for all students, provides Article 5.5). Students in the LL.M. and J.S.D. programs should access to the on-campus health service facilities. Insurance consult with the Office of Graduate Legal Studies. A student 32 Tuition and Fees

in good academic standing who is not subject to discipline University Refund Policy will always be given an honorable discharge if the student Columbia University’s refund of tuition policy follows. This wishes to withdraw from the University. schedule is subject to review by the Board of Trustees of Any student withdrawing must notify the Office of the Dean Columbia University. For the approved 2016–17 schedule, of Registration Services in writing. The Dean’s Office then please visit: www.registrar.columbia.edu/content/refund- notifies the Office of Financial Aid and the University Regis- rate-withdrawals. trar. Students who withdraw, take a leave of absence, leave the University without formal notification, or are requested to leave 2016–17 Tuition Adjustment Schedule are subject to a refund of all or a portion of their tuition, fees, and room and board based on the earlier date of their formal Description Charge Assessed withdrawal or the documented date of last attendance. No Registration $0 Definition of Withdrawal Through Change of Transcript Fee for new • Withdrawal is defined as the dropping of the entire Program Period plus students only, plus $75 weekend—100% (Week 1 withdrawal fee. See Note 1 academic program in a given term, not a portion of the and 2) below. program. • The Dean of Registration Services determines the for- Third week—Monday 10% tuition, fees, plus $75 mal withdrawal or date of last attendance. The with- withdrawal fee drawal date can be one of the following: Fourth week—Monday 20% tuition, fees, plus $75 7 The date the student began the institution’s with- withdrawal fee drawal process or officially notified the institution of Fifth week—Monday 30% tuition, fees, plus $75 the intent to withdraw. withdrawal fee 7 The date of last documented academic activity. The midpoint of the term for those students who do Sixth week—Monday 40% tuition, fees, plus $75 7 withdrawal fee not formally withdraw. • Since the University has no time frame associated with Seventh week—Monday 50% tuition, fees, plus $75 a leave of absence, students granted a leave of absence withdrawal fee will be treated as though they have withdrawn, and will Eighth week—Monday 60% tuition, fees, plus $75 be subject to a Return and Refund of Financial Aid withdrawal fee calculation. Ninth week and onwards 100% tuition, fees, plus $75 withdrawal fee Student Financial Services has developed a University withdrawal form to assist students and schools in determin- ing the formal withdrawal date. Notes: 1. For programs that begin before or after the official Return of Financial Aid Funds Change of Program period, Week 1 and Week 2 refer to Students who received financial aid while at the Law School the first two weeks of the specific program (e.g., for 1Ls, (grants and loans) must consult with a financial aid officer weeks 1 and 2 in August of Legal Methods; for LL.M.s, so that their financial aid eligibility can be recalculated and weeks 1 and 2 in August of Introduction to American Law so that a determination can be made on the return or can- and Legal Research and Writing), not the weeks during the cellation of any financial aid funds. Students receiving Title official Change of Program period. IV funds (Federal Direct Stafford, Federal Direct Gradu- 2. Official dates per term are determined by the Uni- ate PLUS, Federal Perkins loans, and Federal Work-Study) versity’s Student Financial Services, and distributed to should contact the Financial Aid Office within three (3) busi- University offices. ness days from the official date of withdrawal to ensure the 3. School fees are charged at 100 percent. School’s compliance with federal regulations specifying the 4. University health fees and insurance premiums are charged timely return of federal funds. at 100 percent after the change of program period. 5. The University adds a $75 administrative fee to the stu- dent’s account for withdrawal during the term. Tuition and Fees 33

Summary of 2016–17 Costs Tuition $63,048 Student Activity Fee 270 University Facilities Fee 922 Health Services Fee 1,020 Total Tuition and Mandatory Fees $65,260 Student Health Insurance (Gold Level) 2,862 Document Fee 105 (one-time fee for new Columbia University Students) Total University Charges $68,227 Additional $70/term International Services Fee, for those holding a nonresident visa

Estimated Living Costs for the 9-Month Academic Year

Room* $12,538

Board 5,200

Personal 4,000

Total Living Costs $21,738

Books and Supplies $1,575

Total Academic Year Budget $91,540

* The estimated room expense anticipates a budget for rent/utilities of $1,393/month for a student.

Personal Finances Students are advised to open an account in one of the local banks as soon as they arrive in New York City, or, if possible, prior to arriving. Since it may take two weeks or more for such arrangements to be made, students should plan accord- ingly for their initial expenses. 34 Academic Recognition

Academic Recognition NOTE: Students must be in full-time, on-site residence at the the year is at or above 3.410. Only law credits are used to Law School for the entire academic year in order to be eligible calculate honors. No one will receive honors for a year that for Kent and Stone honors. Grades earned in courses taken out- includes a grade of “Incomplete.” side Columbia Law School (e.g., other divisions of the Uni- versity, NYU Law School as part of the CLS-NYU Exchange Program, other law schools while a visiting student, study abroad Prizes programs) will not be factored into honors calculations. For students graduating in May, honors determinations are Charles Bathgate Beck Prize made a week or two after Commencement. For continu- Established in 1899 under the will of Charles Bathgate Beck, ing students, honors calculations are made between June and 1879 Law. Awarded annually to a first-year student submit- late July. Students cannot receive academic honors for a year ting the best examination paper in the course relating to the that includes a grade of incomplete. Therefore, if you wish law of real property. to be considered for Kent or Stone honors, you are advised to consult with your instructor about a submission date for David M. Berger Memorial Prize your work that will allow him/her enough time to read your Established in 1973 in memory of David M. Berger ’69. The written work and to record your grade by not later than the Prize honors the memory of Wolfgang Friedmann, Profes- last week of July. sor of International Law from 1955 to 1972, and is awarded annually to a third-year student interested in international James Kent Scholars law and world peace. Established in 1923 by the Faculty of Law in memory of James Kent, who, in 1793, became the first Professor of Law Harold Brown Book Prize at Columbia College and inspired the establishment of legal Established in 1985 by family and friends of Harold education at Columbia. Awarded in recognition of outstand- Brown ’27, in his honor. Awarded annually, for the purchase ing academic achievement by students in each of the three of books, to two or more first-year students who attended J.D. classes and in the LL.M. Program. Columbia College. A student shall be named a Kent scholar if during an aca- demic year the student has earned at least 15 graded law Class of 1912 Prize credits toward his or her degree and in that year either (1) has Established in 1937 as the 25th anniversary gift of the Class achieved a grade point average of 3.800,or (2) has received of 1912. The Prize, which consists of books selected by the grades all or all but one of which are A+, A or A- (the excep- winner with the Dean’s approval, is awarded annually to the tion being no lower than B), and, if the lowest grade is put first-year student most proficient in the subject of contracts. aside, at least half of which are A or A+. Only law credits are used to calculate honors. No one will receive honors for a Milton B. Conford Book Prize in Jurisprudence year that includes a grade of “Incomplete.” Established in 1984 in honor of the Hon. Milton B. Con- ford ’31, by his clerks. The Prize, which consists of books Harlan Fiske Stone Scholars in the field of jurisprudence to be selected by the winner, is Established in 1946 by the Faculty of Law in memory of awarded annually to the student who writes the best exami- Harlan Fiske Stone 1898 Law; Lecturer-in-Law (1899–1903); nation paper or essay on jurisprudence. Adjunct Professor of Law (1903–1905); Professor and Dean of the Faculty of Law (1910–1924); Associate Justice of E.B. Convers Prize the Supreme Court (1925–1941); and Chief Justice of the Established in 1906 by Alice and Clara B. Convers, in mem- United States (1941–1946). Awarded in recognition of supe- ory of their brother, E.B. Convers, 1866 Law. Awarded annu- rior academic achievement by students in each of the three ally to the member of the graduating class who writes the J.D. classes and in the LL.M. Program. best original essay on a legal subject. A student shall be named a Stone scholar if during an academic year the student has earned at least 15 graded law credits toward his or her degree, the student has received no grade lower than B-, and the student’s academic average for Academic Recognition 35

Archie O. Dawson Prize Carroll G. Harper Prize Established in 1965 in memory of the Hon. Archie O. Daw- Established in 1983, in memory of Carroll G. Harper ’52. son ’23. Awarded annually for proficiency in advocacy. The Awarded annually to the member of the graduating class who recipient is afforded an opportunity to study for several weeks has attained the highest standards of achievement in intellec- at various courts in the federal system, including the Supreme tual property studies and writing. Court of the United States. Paul R. Hays Prize Wilfred Feinberg Prize Fund Established in 1983 by family, friends, and associates, in mem- Established in 1997 in honor of Judge Wilfred Feinberg ’40 ory of Paul R. Hays ’33, member of the Faculty of Law from Columbia College, ’43 Law, by his former clerks. Awarded 1936 to 1971 and United States Circuit Judge for the Second annually to the law student who does the best work in an Circuit from 1961 to 1980. Awarded annually to an outstand- area related to the work of the federal courts. ing first-year student in civil procedure.

Alfred S. Forsyth Prize Pauline Berman Heller Prize Fund Established in 1986 in memory of Alfred S. Forsyth ’31. Established in 1995 as a gift of Harry Heller ’29 Columbia Awarded annually to an outstanding student in the field of College, ’33 Law and family in memory of wife and mother environmental law who, in the judgment of the Law School, Pauline Berman Heller ’34 Law. Awarded annually based on has demonstrated qualities of intellect and selfless dedication academic merit and rank in class. to the advancement of environmental law. Irell and Manella Prize Andrew D. Fried Memorial Prize Established in 2004 by Irell and Manella LLP. Awarded annu- Established in memory of Andrew D. Fried ’84. Awarded ally to a first-year law student who demonstrates outstanding annually for the best student essay on a subject in the field of leadership, academic excellence, and good citizenship within intellectual property and related law published in the Colum- the community. In addition, the Prize equally funds a student bia Journal of Law & the Arts during the preceding year. organization at Columbia Law School, chosen by the Prize recipient, to support that organization’s activities as well as Walter Gellhorn Prize the Dean’s Discretionary Fund for purposes consistent with Established in 1994. Awarded annually to the LL.M. candi- the objectives of the Prize, such as supporting special funding date graduating with the highest academic average. needs of student activities and organizations.

Ruth Bader Ginsburg Prize Richard J. Lipson and Paul S. Lipson Prize Established in 2011. Awarded annually to J.D. degree candi- in Contracts dates who earned James Kent academic honors for outstand- Established in 1998 under the will of Richard J. Lipson ’73 in ing academic achievement for all three years (1L, 2L, and honor of Paul S. Lipson ’38. Awarded annually to two first- 3L years). year law students showing the greatest proficiency in the sub- ject of contracts. Lawrence S. Greenbaum Prize Established in 1951 by family and friends, in memory of Allan Morrow Sexuality and Gender Law Prize Lawrence S. Greenbaum 1912 Law. Awarded annually to the Established in 2007 in memory of Allan Morrow, a successful student who has made the best oral presentation in the final entrepreneur who gave generously of his time and resources argument of the Harlan Fiske Stone Moot Court Competi- to secure justice and equality for gay men, lesbians, bisexual tion, a program made possible through the generous support and transgender people, and for people with HIV/AIDS. of Paul, Weiss, Rifkind, Wharton & Garrison LLP. The prize is awarded annually upon graduation from the Law School to a student or students who have demonstrated Robert Stephen Haft Moot Court Prize outstanding achievement in the furtherance of lesbian, gay, Established in 1962 and awarded to the first-year student who bisexual, and transgender rights. submits the best brief in The Paul, Weiss, Rifkind, Wharton & Garrison Moot Court Program at Columbia Law School. 36 Academic Recognition

Jane Marks Murphy Prize at the Law School, during which he or she has demon- Established in 1952, in memory of Jane Marks Murphy ’48. strated academic excellence in public law courses and out- Awarded annually to students who display exceptional inter- standing qualities of citizenship and leadership in the Law est and proficiency in clinical offerings, and who give prom- School, or activities related to the Law School in the Uni- ise of a professional career applying the highest standards of versity community. the lawyer’s craft to service in the public interest. Emil Schlesinger Labor Law Prize John Ordronaux Prize Established in 1975 by the Schlesinger family, in honor of Established in 1908 by the bequest of John Ordronaux, Pro- Emil Schlesinger ’24. Awarded annually to the student most fessor of Medical Jurisprudence from 1860 to 1897. Awarded proficient in the subject of labor law. annually to a J.D. degree candidate of at least one year’s stand- ing for general proficiency in legal study. The prize usually Whitney North Seymour Medal recognizes the student who has achieved the highest aca- Established in 1971 in honor of Whitney North Seymour demic average in each graduating class. ’23. Awarded annually to the student who shows greatest promise of becoming a distinguished trial advocate. Outstanding Student Award The Clinical Legal Education Association presents the Out- Young B. Smith Prize standing Student Award to a student nominated by the faculty Established in 1953 by R. C. Leffingwell 1902 Law, in honor of Columbia Law School for excellence in clinical fieldwork of Young B. Smith 1912 Law, Dean of the Faculty of Law based on the high quality of representation provided clients from 1927 to 1952 and Chancellor Kent Professor of Law and for outstanding participation in an accompanying clinical from 1930 to 1958. Awarded annually to the first-year stu- seminar as determined by exemplary thoughtfulness and self- dent most proficient in the law of torts. reflection in exploring pertinent legal and lawyering issues. Special Honors for Outstanding Performance Edwin Parker Prize in a Class Prize Established in 2011. Awarded annually to students who Established in 2011 by the Faculty of Law, the prize is awarded excelled in the study of international or comparative law, as to recognize the single best student in a class with enrollment nominated by members of the faculty and selected by the of 30 or more students. The prize is awarded at the instruc- Columbia Law School professor who is director of the Parker tor’s discretion, and the instructor is free to choose whether School of Foreign and Comparative Law. to award the prize in a given course or a given semester.

The Michael D. Remer Memorial Award Robert Noxon Toppan Prize Established in 2012 as a gift by Cowan, Debaets, Abrahams & Established in 1878 by Robert Noxon Toppan, 1861 Law. Sheppard, LLP. Awarded annually and presented by the Ker- Awarded annually to the student in the Law School who nochan Center to a graduating student whose activities and submits the best-written examination to the professor of academic achievements demonstrate an interest in and apti- Constitutional law. tude for the fields of arts and copyright law. Valentin J.T. Wertheimer Prize in Labor Law Simon H. Rifkind Prize Fund Established in 1980 by the family of Val Wertheimer ’50. Established in 1996 as a gift by Paul, Weiss, Rifkind, Wharton Awarded annually to a Law School student whose work & Garrison in honor of one of the firm’s founding partners, demonstrates the most creative, thoughtful approach to labor Simon H. Rifkind ’25. Awarded for the best overall perfor- law, equal employment law, public or private sector collective mance in the first-year moot court program at Columbia bargaining, labor conflict resolution, or employment security. Law School. Jeffrey Williams Memorial Prize for Critical Samuel I. Rosenman Prize Rights Analysis Established in 1978, in memory of Samuel I. Rosenman ’19, Established in 2007 in memory of Jeffrey Williams ’02 by his partners in the firm of Rosenman & Colin. Awarded Columbia College, ’05 Law. Awarded annually to the student annually to a student who has completed two years of study who writes the best paper in critical theory. Special Programs 37

Special Programs

Parker School of Foreign and Comparative Law one school admits, it does not automatically follow that the The Parker School supports the study of foreign, comparative other school will admit the applicant. Applicants may apply and international law at Columbia Law School. At gradua- simultaneously to both schools; if admitted to both, a defer- tion time, it awards the Parker School Certificate of Achieve- ment must be requested at one of the two schools. ment as well as the Parker Prize. To receive the Certificate, Keep in mind that some of the schools listed above do not a student must have (1) earned the J.D. or LL.M. degree, (2) grant deferments; students should only apply to them if they received at least 10 credits for academic work in the areas are serious about attending in the semester for which they of foreign, comparative, or international law, and (3) com- seek admission. Students may also decide to apply initially pleted the application by the deadline. For an application, only to the Law School, and then apply to the other school contact Tatyana Gourov at 212-854-8246. More information at a later date; this process may be reversed as well. is available at www.law.columbia.edu/parker-school. To ascertain each school’s entrance requirements, tuition, financial aid policies, and deadlines, interested individuals Joint Degree Programs for J.D. Students are urged to visit each school’s website for the most up-to- For some students, a joint degree (alternately referred to as date information. For all joint degree programs, except the a “dual” degree) can prove beneficial in providing a frame- Columbia Three-Year J.D./M.B.A. program (see page 38), work for additional intellectual exploration or to their tuition will be charged according to the rates effective in the career objectives. To enable interested students to realize school in which the student is enrolled each term. Colum- this goal, the Law School may approve them to pursue a bia’s graduate and professional schools can be visited online joint degree program with any of the following of Colum- by accessing the main University website, www.columbia. bia’s graduate or professional schools, as well as with Princ- edu and then clicking on Academics. eton University’s Woodrow Wilson School of Public and Students approved to pursue joint program studies can save International Affairs: time and expenses by spending less time in residence at the • Graduate School of Arts and Sciences (M.Phil. or Law School than normally required if each program were Ph.D.; see below) pursued separately. Time is saved because the Law School will • Columbia Business School (Three-Year J.D./M.B.A. typically accept one term of full-time residency and up to Program; see page 38) 12 academic credits for coursework completed in the other • Columbia Business School (Four-Year J.D./M.B.A. school, thereby reducing the student’s residency at the Law Program; see page 38) School to five semesters from six. The other participating • School of International and Public Affairs (M.I.A. or school likewise would reduce its residence and/or academic M.P.A. and special programs through the Weather- credit requirements for work completed at the Law School. head East Asian Institute and the Harriman Institute; Before proceeding on such an assumption, however, it is see below) important to receive that commitment from both schools. • Graduate School of Journalism (M.S.) Also, it is important to note some exceptions: • School of the Arts (Theatre Arts) (M.F.A.) • For the joint J.D./M.I.A. with Columbia’s School of • Mailman School of Public Health (M.P.H.) International and Public Affairs (SIPA) students are • School of Social Work (M.S.W.) required to spend six (6) terms of full-time residence • School of Architecture, Planning and Preservation at the Law School and two (2) terms at SIPA. In accor- (M.S. in Urban Planning) dance with the J.D. Rules, they can receive J.D. degree • Princeton University’s Woodrow Wilson School of credit for up to 12 academic points taken at SIPA or Public and International Affairs (M.P.A.) other graduate divisions of Columbia University. • For information on the various joint degree pro- Applications for admission to the Law School and the grams with Columbia’s Graduate School of Arts and other chosen school must be filed separately. At the applica- Sciences (GSAS), visit the GSAS website. GSAS and the tion stage, there is no communication whatsoever between Law School cooperate in offering combined programs the two schools; that is, each school’s decision to admit or not of study leading to the J.D. degree and the sequential to admit is based solely on that school’s selection criteria. If M.A., M.Phil., and Ph.D. degrees. Students who wish to take part in this program must make separate appli- 38 Special Programs

cation and gain admission to both the Law School and Students must apply separately to each school, and must a participating department of the Graduate School of indicate on their applications that they are interested in Arts and Sciences. Students must be admitted to a Ph.D. applying to the Columbia Three-Year J.D./M.B.A. Pro- program at the Graduate School to participate. (There gram. Admissions decisions are made independently by is no J.D./M.A. or M.S. dual degree program. Gener- each school. In this joint degree program, students are ally, a student completes the first year at the Law School, required to spend the first year at the Law School and spends the next year in residence at GSAS completing complete the foundation year curriculum. They spend the M.A. requirements in accordance with departmental the second year of the program at the Business School guidelines, and then returns to the Law School to com- and return to the Law School for the third year and final plete the J.D. degree requirements. The student receives year. They must complete a total of 71 Law credits and one year of advanced standing toward the M.Phil. degree 45 Business credits for the two degrees, and the J.D. and once the J.D. degree requirements have been completed. M.B.A. degrees are awarded at the same conferral date The J.D. degree is conferred upon completion of all once all requirements for both degrees are completed. requirements for both the M.Phil. and the J.D., and both For more information, visit www.law.columbia.edu/ degrees are conferred concurrently. The student then three-year-jd-mba. returns to GSAS to complete remaining Ph.D. depart- • For the Columbia Three-Year J.D./M.B.A. Program mental requirements, including the preparation and suc- tuition is charged by the residence school according cessful defense of a dissertation.) to the following plan: standard Law School tuition for • The Four-Year J.D./M.B.A. Program is designed the two terms of the first year; 150 percent of the stan- for students interested in a broad course curriculum, dard Business School tuition for the two terms of the extracurricular activities in both disciplines, and the second year; 150 percent of the standard Law School opportunity to work during three summers in law and tuition for two terms of the third year. business placements. This program requires students to • Overall, the tuition for the Columbia Three-Year spend five terms in residence at the Law School and J.D./M.B.A. Program will be approximately the same three terms in residence at the Business School, and to as for the four-year J.D./M.B.A. program. The major complete 71 Law credits and 45 Business credits for the cost benefit to students in the Columbia Three-Year two degrees. As for all joint degree programs, students J.D./M.B.A. Program is the opportunity to enter the must apply separately to each school. Admissions deci- workforce one year earlier than students who pursue sions are made independently by each school. Usually, the standard Four-Year J.D./M.B.A. Program. students spend the first year of the program at the Law School, completing all foundation year courses, and the In addition to the professional schools and graduate second year at the Business School, but the sequence departments mentioned above, the Law School may accept can be reversed if the Law School grants a deferment. one term of full-time residency and up to twelve (12) aca- They have flexibility as to which of the remaining four demic credits for coursework completed, toward a graduate residence terms of the third and fourth years of the pro- degree program at any other graduate or professional school gram they spend at each division, as long as they com- and any department therein at Columbia University (except plete a total of five residence terms at the Law School for the M.I.A. degree with SIPA—see paragraph above), and three residence terms at the Business School. Stu- including Teachers College and the School of Engineer- dents also may apply to the Business School after begin- ing and Applied Science, provided that the other decision ning their Law School studies. The J.D. and M.B.A. school reciprocates (see below for limitations). Students are degrees are awarded at the same conferral date once all urged to speak to the Registrar at their respective school or requirements for both degrees are completed. department to find out if a reciprocal arrangement will also • The Columbia Three-Year J.D./M.B.A Program is be accepted. To pursue these, or any other proposed joint designed for highly motivated students who seek a deep degree program that is not officially approved by the Univer- education in both law and business, and who wish to sity Trustees, permission is required from the Law School’s complete their studies and enter the job market a year Rules Committee. Letters of petition should be addressed to earlier than traditional joint-degree programs allow. This the Rules Committee and sent to the Dean of Registration accelerated course of study gives select students the Services. A request to pursue a joint degree program not opportunity to earn degrees from both Columbia Law already approved by the University may need to be referred School and Columbia Business School in just three years. to the Law Faculty for approval. Special Programs 39

Additionally, in recent years, students have successfully peti- area of law. Faculty members from Columbia Law School tioned the Law School’s Rules Committee for permission to and its partner schools have collaborated to create a range create a joint degree program with schools that have agreed of compelling, integrated programs that combine scholarship to grant advanced standing toward their Master’s degree for with experiential learning and unparalleled internship and work completed in the Columbia J.D. program: Harvard’s clerkship opportunities. Kennedy School, Tufts’ Fletcher School of Law and Diplo- Columbia participants in our Paris and Amsterdam Global macy, and Johns Hopkins’ School of Advanced International Alliance Programs join participants from our international Studies. Provided that the other school agrees to reciprocate, partner schools to spend one semester at Columbia in New future requests for permission to pursue these and similar pro- York City and one semester abroad at the partner school. grams will be considered on an ad hoc, individualized basis Columbia students earn both a Juris Doctor from Colum- upon petition to the Rules Committee. Letters of petition bia and a credential from the partner institution within the for ad hoc joint degree programs should be addressed to the three-year time frame required to complete the J.D. program. Rules Committee and sent to the Dean of Registration Ser- vices. Note that a request for an ad hoc joint degree program Global Alliance Programs may need to be referred to the Law Faculty for approval. • Paris: J.D./Certificate in Global Business Law and A student approved for a joint degree program must com- Governance. Columbia Law School students earn a J.D. plete degree requirements at both schools before receiving from Columbia and a Certificate in Global Business Law residency and academic credit toward the J.D. degree, and and Governance from the University of Paris 1 (Pan- both degrees must be awarded at the same conferral. The Law théon, Sorbonne) and the Institut d’Études Politiques School cannot certify a student’s eligibility to take the Bar (Sciences Po). Paris is headquarters to the International exam until both degrees are completed and a final transcript, Court of Arbitration, UNESCO, and the Organization showing the conferral of the degree from the other school, is for Economic Cooperation and Development (OECD). received by Registration Services. In addition, these partner schools enjoy close ties with Students who, prior to matriculating at the Law School, French courts and law firms, the European Commission complete a degree program at another school or division in Brussels, and the WTO in Geneva. of Columbia University, or at another institution, will not • Amsterdam: J.D./LL.M. in International Criminal be considered to be in a joint degree program and will not Law. Columbia Law School students earn both a J.D. receive residence or academic credit toward the Columbia from Columbia and, separately, an LL.M. from the Uni- J.D. degree for the earlier work. versity of Amsterdam. This partner school’s relationship with the International Criminal Court, other inter- International Study Programs for J.D. Students national tribunals, and the law firms that specialize in In 1994, Columbia Law School established the first U.S. law international criminal law, offers unique advantages for school joint degree program providing participants with both internships and networking. a U.S. Juris Doctor and a foreign law degree, the French Maî- • Oxford: Columbia-Oxford Alliance in Law and trise en Droit. Since then, Columbia Law School has remained Finance. Columbia Law School students earn a J.D. a leader in providing overseas study opportunities to its stu- from Columbia and attend courses in the Masters of Law dents. Our portfolio of offerings is regularly reviewed with an and Finance Program at Oxford University during the eye on academic excellence, student interest and relevance to spring semester of their third year. career advancement. At last count, students could choose from more than 30 programs in over 12 countries, a range of dou- Joint Degree Programs ble-degree, certificate, and conventional study abroad options • J.D./M1 (formerly Maîtrise) in French Law (four-year that is perhaps the broadest of any U.S. law school. Columbia program, French language; University of Paris 1–Pan- students also have an opportunity to create independent pro- théon Sorbonne) grams at many other universities around the globe. • J.D./Master in Economic Law with a Global Studies Augmenting our more traditional study abroad programs, Specialization (three-year program, French and English Columbia has forged a unique and innovative new model language; Sciences Po–Institut d’Études Politiques) for international education. Partnering with some of the • J.D./LL.M., London, England (three-year program, Eng- world’s most preeminent foreign law schools, Columbia’s lish language; London School of Economics, University Global Alliance Programs feature full-year English-language College London, School of Oriental and African Studies, programs with an intense cross-border focus on a particular King’s College) 40 Special Programs

• J.D./LL.B., London, England (four-year program, Eng- Columbia Law School has more than 30 programs in over lish language; London School of Economics, University 12 countries. Find the most up-do-date list of programs on College London, King’s College) the International Programs website: www.law.columbia.edu/ • J.D./LL.M., Frankfurt, Germany (three-year program, center_program/intl_progs. English language; Institute for Law and Finance, Univer- sity of Frankfurt) Procedures for Student Discipline 41

Procedures for Student Discipline

1. Preamble a student or students, as she may determine is required for As future members of an honorable profession, and as stu- safety or to avoid disruption. dents at a major institution of learning, students at Columbia In accordance with amendments to the Federal Family Law School should conduct themselves with honesty, integ- Educational Rights and Privacy Act (commonly known as rity, and responsibility. An academic community cannot sus- FERPA or the “Buckley Law”) and University requirement, tain itself on any other basis, and the legal profession’s relative the following paragraph was drafted by a faculty committee autonomy carries with it special obligations of self-regulation. June 1993 and approved by the full faculty at its stated meet- Student conduct at Columbia, as at any school, is governed ing of 10/8/93: by a variety of standards, enforceable by a variety of institu- In general, University policy and federal law make infor- tions. Among these standards are: the law we study; the rules mation about disciplinary proceedings confidential. Students of professional discipline insofar as students engage in legal should be aware, however, that the school may share official practice under the supervision of a lawyer or apply for mem- record information with bar admission committees, and that bership in the bar; University rules of conduct and policies federal law makes limited exceptions to the confidentiality that, for example, establish standards prohibiting student con- principle in cases involving sexual assaults and other crimes duct ranging from disruption of classes or assemblies to abus- of violence. The conduct of proceedings involving a claim of ing or harming other members of the University community “sexual assault” must afford to “the accuser and the accused... on the basis of race, religion, sex, national origin, handicap, the same opportunities to have others present during a cam- sexual orientation, gender identity or gender expression, or pus disciplinary proceeding,” and the outcome of such a pro- veteran status; the Law School’s Rules for the J.D. Degree, ceeding MUST be disclosed both to the accuser and to the which contain standards of particular relevance for the Law accused. For other crimes of violence, federal law permits School community; the procedures set forth below, which disclosure of the results of any disciplinary proceeding to the impose and imply obligations of cooperation, truthfulness, alleged victim. the maintenance of confidentiality, and acceptance of final outcome; and the school’s and its instructors’ inherent tradi- 2. Definitions and Rules of Construction tional authority, which every educational institution enjoys, Throughout these rules, the following words and phrases are to assure the honesty, civility, decency, integrity and responsi- to be applied as defined by this section. bility of its student body. 2-1. “Student,” or “member of the student body,” is any Not all alleged violations of the standards mentioned in person who has been offered entrance to any program the preceding paragraph will be appropriate for response by or course administered or taught by the Faculty of the Law School itself; some may be enforced by community Law of Columbia University. Ordinarily, this will be institutions such as the courts, others within an individual a person who has accepted that offer, and who has instructor’s classroom. Where its own institutional interests not completed the requirements of that program or are implicated, however, (e.g., where the alleged conduct of course. In appropriate circumstances, however—such a student interferes with or impairs the functioning of the as the discovery that a student has applied to the school Law School or the rights of another student or gives reason under false pretenses—these rules may be invoked to doubt fitness to practice law), the Law School may invoke with respect to conduct occurring prior to a person’s internal disciplinary procedures. For cases involving allega- joining the Law School community; and graduation tions of gender-based misconduct, please see the University’s does not terminate the possibility of academic disci- Gender-Based Misconduct Policy. pline for conduct violation of the Law School’s rules The rules contained in this document specify the proce- occurring prior to graduation if the seriousness of dures ordinarily to be followed when Law School discipline that conduct suggests the appropriateness of a sanc- is invoked. These rules do not, however, preclude instructors tion, such as transcript notation or withdrawal of the from resolving for themselves disciplinary matters tradition- degree, that could have effect outside the Law School ally regarded as within the instructors’ prerogative and which community. Unless otherwise described, a “student they do not refer to the Dean for possible Law School disci- under review” or “the student,” or the “charged stu- pline; and these rules do not limit the authority of the Dean dent” is a student who has been accused of a violation to exercise control over access to the Law School building by of these rules. 42 Procedures for Student Discipline

2-2. The “Dean” is the Dean or Acting Dean of the Fac- 2-8. The “Proceeding Adviser” is the Dean of Students, or ulty of Law of Columbia University School of Law, or, other senior administrator or faculty member annually to the extent and in the circumstances authorized by designated by the Dean. The Dean may designate an these Rules, any faculty member or senior administra- alternate Proceeding Adviser as necessary. tor appointed by the Dean of the Faculty of Law for 2-9. The “Disciplinary Officer” is the Vice Dean, or the purposes of acting as the Dean’s surrogate. another senior administrator or faculty member annu- 2-3. “Faculty member” includes all persons holding ally designated by the Dean. The Dean may designate appointments as full-time Assistant, Associate and full an alternate Disciplinary Officer as necessary. Professors and their respective Clinical counterparts. 2-10. A “violation” is the breach of any applicable standard of 2-4. The “instructor” is any person who is teaching, super- conduct that is appropriate for Law School discipline. vising, or editing, by appointment or approval of the 2-11. The use of any word expressive of gender in these Faculty of Law or by the Trustees of Columbia Uni- rules is arbitrary, and not restrictive in meaning to versity in any University program; proctors are to be that gender. considered instructors during the administration of examinations; the senior administrator responsible for 3. Major Offenses and Minor Violations a program within which conduct violation of applica- 3-1. Major Offenses. Where, in the opinion of the Dean, ble rules may have occurred (for example, the head of the alleged violation constitutes a major offense in that the Placement Office or of the Admissions Office, in it either (a) involves gross deviation from the moral some cases concerning alleged misrepresentations) is or ethical standards of the Law School community, also to be considered an instructor for these purposes; or (b) manifests a serious lack of honesty, integrity, or and student supervisors as hereinafter defined are to responsibility such as to call in question the fitness of be considered instructors as to matters falling within the student to practice law, the offense shall be subject their supervisory responsibilities. to adjudication under the Hearing Board procedures 2-5. The “Hearing Board” or Board is a committee of four set forth in section 7 and to severe sanction, including members, two of whom are students elected by the expulsion. In the absence of special circumstances, a Law School Student Senate from its membership at finding that a student has committed a major offense the beginning of each fall semester, one from each of shall be noted in a student’s official record. See para- the second and third year matriculated classes, to serve graphs 5-6, 5-7, 7-6. for the academic year; and two of whom are members 3-2. Minor Violations. Where, in the opinion of the of the faculty of the Columbia Law School selected Dean, an alleged violation is less than a major offense, annually by the Dean, in consultation with the faculty. it shall be treated as a minor violation and may be The Dean shall designate the Chair of the disciplinary adjudicated under the informal procedure set forth committee, who shall be a member of the Columbia in section 6. No disposition of a minor violation Law School faculty, and may designate alternate fac- shall become part of the student’s official record, or ulty members as necessary. The Student Senate shall be regarded by the Law School as falling within the designate two alternates, one each from the first and scope of outside requests for information concerning second year classes, who shall hold office for the fol- the discipline of students.1 lowing calendar year; alternates shall sit in the absence or unavailability of the academic year regular student 4. Reports of Violations members. A quorum shall consist of three members. 4-1. Reports by Students and Others who are not 2-6. A “senior administrator” is an employee of the Law Instructors. Any person who believes in good faith School, holding a position equivalent or senior to that a student has engaged in conduct for which Law Assistant Dean, who is not a member of the Law School discipline is appropriate is encouraged to com- School faculty. municate the name of the student suspected of the 2-7. A “student supervisor” is a student performing responsi- violation and the details of the grounds of the sus- bilities that entail the potential award of academic credit picion to the Dean or to an instructor. Anonymous or writing credit or that are relevant to determination complaints are disfavored, as not in keeping with the of another student’s grade. Examples of student supervi- responsibility of members of the Law School commu- sors are members of the Student Moot Court Executive nity to conduct themselves with honesty, integrity and Committee, journal editors, and teaching fellows. responsibility in relationship to the institution. Procedures for Student Discipline 43

4-2. Reports by Instructors. Any instructor who believes rules and any other applicable rules of conduct. The in good faith that a student may have engaged in con- Dean shall further advise the student as follows: duct for which Law School discipline is appropriate 5-3-1. Minor Violations. In the case of a minor vio- may make reasonable inquiry to determine the valid- lation, the Dean shall inform the student of ity of the belief, including the informal questioning of the name(s) of the faculty member or com- the suspected student or others. Instructors other than mittee charged with determining the matter proctors and student supervisors may resolve disciplin- pursuant to paragraph 6-1. The faculty mem- ary matters traditionally regarded as within the instruc- ber or Chair of the committee shall sched- tor’s prerogative directly with the student concerned. If ule with the student a meeting at the earliest the instructor believes that a Law School sanction may mutually convenient time, unless the student be in order or that the matter is, for whatever reason, waives such a meeting in writing or otherwise inappropriate for resolution directly with the student, waives his right to be heard. he or she is encouraged to communicate the name of 5-3-2. Major Offenses. To maximize the possibility the student suspected of the violation and the details of that disciplinary matters can be resolved in a the grounds of the suspicion to the Dean. However, if manner that is not adversarial and that is of the instructor is a proctor or student supervisor, notifi- educational benefit to the student, the Dean, cation that a student may have engaged in conduct for in the case of major offenses, shall encourage which Law School discipline is appropriate is manda- (but not require) the student to meet with the tory, and shall be made through the instructor in the Proceeding Adviser prior to the referral of the course or in charge of the program, the chief proctor, case for adjudication pursuant to section 7 to or the Dean of Students. discuss the concerns of the student and the Law School and to see if an informal resolu- 5. Preliminary Inquiries and Proceedings tion of the matter is possible. The Dean shall 5-1. Investigation by the Disciplinary Officer. Upon inform the student that, should the student being informed of an alleged violation, the Dean shall desire to meet with the Proceeding Adviser, promptly request that the Disciplinary Officer make he must request a meeting within five busi- reasonable inquiry to determine whether a reason- ness days of receiving notice of the charges, able basis exists to believe that a violation warranting and must schedule and attend such meet- a proceeding may have occurred. If the Disciplinary ing, and any subsequent meetings, within a Officer determines that a reasonable basis does exist, prompt period thereafter. The student shall he shall prepare a written report setting forth his con- be advised that he may choose to be accom- clusion and the evidence supporting his conclusion panied at his meeting or meeting with the and shall promptly submit it to the Dean. Proceeding Adviser, by a faculty member or 5-2. Dean’s Determination of Reasonable Basis and fellow law student acting as counsel, or by Characterization of Offense. The Dean may accept outside counsel. or reject the findings of the Disciplinary Officer, or 5-4. Meeting with Proceeding Adviser Concerning— may request that the Disciplinary Officer conduct Major Offenses. Prior to any meeting between the additional inquiry. Upon the Dean’s being satisfied that Proceeding Adviser and a student charged with a a reasonable basis does exist to believe that a viola- major offense, the Disciplinary Officer shall discuss tion warranting a proceeding may have occurred, she with the Proceeding Adviser the nature of the charges shall determine whether the violation alleged warrants and any available information concerning the alleged treatment as a major offense or a minor violation only. violation that the Disciplinary Officer, in his discre- 5-3. Notification of Student. In either event, the Dean tion, deems relevant to the student’s response. Upon shall send a confidential letter to the student con- meeting with a student charged with a major offense, cerned, who shall be informed of the violation he is the Proceeding Adviser shall discuss with the student thought to have committed, told of the characteriza- the disciplinary procedures, the charges, information tion of the matter made by the Dean, given all avail- concerning the alleged offense, possible referral of able information concerning the alleged violation the matter to the informal procedure described in that, in the discretion of the Dean, would be relevant section 6, and other options available for resolution to the student’s response, and given a copy of these of the matter. 44 Procedures for Student Discipline

5-5. Confidentiality Rules Regarding Meeting with for them, major offenses shall be referred for adjudica- Proceeding Adviser—Major Offenses. In the inter- tion pursuant to the informal procedure described in est of promoting full and frank discussion, the Pro- section 6 only if the student does not wish to con- ceeding Adviser is obligated to treat statements made test the facts of the alleged offense or in the presence by the student during any meeting or meeting pursu- of other special circumstances. All sanctions available ant to paragraph 5-4 as confidential. However, such under these rules for major offenses are available if statements may be disclosed in the following cir- a student charged with a major offense elects the cumstances: (1) when, upon discussion with the Pro- informal procedure and is found to have committed ceeding Adviser, the student elects to ask the Dean, a major offense. In addition, a finding that the student pursuant to paragraph 5-6, to consider an alternative has committed a major offense becomes part of a stu- to referring the matter for adjudication pursuant to dent’s official record. section 7, the Proceeding Adviser shall disclose to the 5-8. Scheduling of Hearing Board Proceeding for Dean statements relevant to the Dean’s determination, Major Offenses. If the review is to be by the Hearing and these statements shall thereafter be disclosed to Board pursuant to section 7, the Dean shall inform the Disciplinary Officer for possible use before the the Hearing Board Chair who, in turn, shall schedule Hearing Board, should the matter be referred for a hearing and notify the student. Such a hearing nor- adjudication pursuant to section 7; (2) when the Pro- mally shall be set seven to fourteen working days from ceeding Adviser believes that testimony given by the the date on which the student receives notice from student before the Hearing Board is materially incon- the Hearing Board Chair. However, where a charged sistent with statements made to her, she shall disclose student is under investigation or accused of a crimi- the inconsistent statements to the Disciplinary Officer nal offense involving the same conduct charged in for possible use before the Hearing Board; (3) state- the disciplinary proceeding, or for other good cause, ment may be disclosed as required by law. the Law School proceeding may be temporarily sus- 5-6. Proceeding Adviser’s Communication of Stu- pended.2 The Chair shall decide all applications of any dent Request to the Dean—Major Offenses. person appearing before the Hearing Board for the After meeting with a student charged with a major rescheduling of a hearing date, with the limitations offense, the Proceeding Adviser shall advise the Dean that the hearing is to be conducted promptly and that of any request by the student that the Dean dismiss conflicting commitments of counsel are not grounds the charge, recharacterize the charge as a minor vio- for substantial delay. lation, refer the matter to the informal procedure described in section 6, or approve another disposition. 6. Informal Procedure In advising the Dean of any such request, the Pro- 6-1. Selection of Tribunal. An investigation shall be ceeding Adviser shall disclose to the Dean, as provided conducted by an individual or committee of three in paragraph 5-5, any statements made by the student (both of which shall be referred to as “the tribunal”), relevant to the Dean’s determination of the request. selected by the Dean from members of the faculty and The Dean may accept or reject the student’s proposal senior administrators, as she believes the circumstances and shall communicate her decision to the student, to warrant. The Dean shall designate one member as the Disciplinary officer and the Proceeding Adviser. Chair of a committee; in the case of an individual act- If the Dean accepts a final disposition proposed by ing as the tribunal, the individual shall be a member of the charged student, that disposition is not appealable, the faculty. in the absence of exceptional circumstances. Disposi- 6-2. Conduct of the Investigation. Procedures before this tions of major offenses that include a finding that the tribunal shall be informal, and the student shall enjoy student has committed a major offense become part only the rights to be informed of the charges, to an of the student’s official record in the absence of special unbiased tribunal, and to be heard. The tribunal may circumstances. Such dispositions may be reflected on conduct such investigation as it finds appropriate, with the transcript, in the student’s Law School file, or both, or without the presence of the student involved. There at the discretion of the Dean. is no right to counsel under informal procedures. 5-7. Use of the Informal Procedure by Students 6-3. Report by the Tribunal. The tribunal shall file with Charged with Major Offenses. Given the serious the student charged and with the Dean a written character of major offenses and the sanctions available report explaining its disposition, including dismissal of Procedures for Student Discipline 45

the matters referred to it. In the case of minor viola- 7-3. Written Response by the Student. The student tions, neither the charges made, any sanctions imposed, may offer a written response to the allegations in the nor reports to the Dean shall appear on the official Dean’s letter. A copy of the response must be provided record of the charged student, nor shall dispositions to the hearing Board Chair and to the Disciplinary of minor violations be regarded by the Law School as officer no later than three days prior to the hearing. falling within the scope of outside requests for infor- 7-4. Conduct of the Hearing mation concerning the discipline of students.3 7-4-1. Authority of the Hearing Board. Except 6-4. Recharacterization of the Violation as a Major with respect to procedures specifically set Offense. If the investigation of a matter charged as forth herein, the Hearing Board, by majority a minor violation develops information not likely to vote (with the vote of the Chair controlling have been before the Dean, indicating that the charges in the event of a tie), shall have the authority are serious enough to be treated as major offenses, that to make rules for the conduct of the hear- information shall be reported to the Dean, who may ing. The Hearing Board is not bound by the then redetermine the matter. If she decides to treat the precedent of prior decisions, but may consult matter as a major offense, she shall begin the process those decisions for any purpose. anew, and any subsequent informal inquiry (if chosen) 7-4-2. Tape Recording and Written Minutes. shall be assigned to a new tribunal. In the event of Both a tape recording and written minutes such a change, information developed during the ini- shall be made of all proceedings conducted tial investigation may be used in proceedings pursuant before the Hearing Board. These records shall to section 6 or section 7. remain the property of the Law School and 6-5. Appeals. An appeal to the Dean may be taken from shall be promptly delivered to the Dean for safe the results of this process, as from the outcome of storage upon completion of the proceedings. hearings on an alleged major offense. 7-4-3. Confidentiality.The actions and statements of any person present during proceedings of the 7. Major Offense Before the Hearing Board Hearing Board are confidential, and no one 7-1. Representation. The Disciplinary Officer shall con- may disclose them outside the proceedings, duct the proceeding before the Hearing Board on except as required by law. However, the tape behalf of the Law School unless the Dean appoints recording and minutes of the hearing will be another faculty member or senior administrator, in available on appeal, and actions and statements which case that appointee shall receive the report pre- before the Hearing Board may be referred to pared by the Disciplinary officer pursuant to paragraph in the written statement prepared by the hear- 5-1. (References below to the Disciplinary Officer ing Board pursuant to paragraph 7-5. include such an appointee.) The student may choose 7-4-4. Presence at the Hearing. The student charged to be assisted in his preparation and appearance before and his representative have the right to be pres- the Hearing Board by a faculty member or fellow law ent during the presentation of any testimony student acting as counsel; or by outside counsel. or evidence. However, this paragraph does not 7-2. Recommendations by the Disciplinary Officer. preclude the conduct of a hearing in the stu- The Disciplinary Officer may, after completing his dent’s absence if the student refuses to partici- investigation, recommend to the Dean dismissal of pate in the hearing. The Proceeding Adviser, the charge, recharacterization of the charge as a minor the instructor who reported the alleged offense, violation, or, upon the decision of the student not to witnesses during their testimony and anyone contest the facts, referral of the matter to the informal else whose presence may be required by law, or procedure. The recommendation shall be in writing whose presence the Hearing Board deems nec- and shall set forth the reasons for it. The Dean may essary, may also be present. Absent the agree- accept or reject the recommendation. The Disciplin- ment of the Hearing Board and the student ary Officer may also present to the Hearing Board charged, proceedings before the Hearing Board for its approval or rejection a proposed disposition shall be closed to others. agreed upon with the charged student. In the absence 7-4-5. Right to the Testimony of Witnesses. Sub- of exceptional circumstances, resolution of a charge by ject to paragraph 7-4-6, both the Disciplin- proposed disposition is not appealable. ary Officer and the charged student or his 46 Procedures for Student Discipline

representative have the right to present wit- The subsequent deliberations of the Board nesses of their choice. However, witnesses pre- shall be closed to observers and no record shall sented exclusively for the purpose of attesting be made. to good character may be limited in number 7-5. Decision and Report of the Hearing Board. The and length of testimony. Except for the stu- Hearing Board may find that a major offense has been dent charged, no student or employee of the committed by a charged student only upon clear and Law School may refuse a request to testify by convincing evidence of violation, by affirmative vote a charged student, the Disciplinary Officer or of at least three members. The Hearing Board may the Chair. Both the Disciplinary Officer and conclude that charges have not been sustained by an the charged student have the right to notice, affirmative vote of three members. The Hearing Board two days in advance of the hearing, of the shall prepare a written statement of its reasons for dis- identity of adverse witnesses. position and shall, in the case of a finding that a major 7-4-6. Evidence. In addition to the testimony of offense has been committed, impose a sanction consis- witnesses, the charged student and the Disci- tent with section 8. Where the Hearing Board fails to plinary Officer may offer such other evidence reach a definitive conclusion, the student may elect to as may be relevant. The Hearing Board may have the charges reconsidered, on the record, by an ad receive, for such weight as it may merit, any hoc faculty committee of three, to be appointed by the evidence it believes to be relevant and may Dean. That committee may hold additional inquiries exclude other evidence. following the procedures of section 6, and shall either 7-4-7. Questioning of Witnesses. The Chair shall find that the student has committed a major offense or use reasonable care to ensure that witnesses conclude that charges have not been sustained or ter- are not able to see or hear any part of the minate the proceedings, stating its reasons, by majority hearing that is not based upon their individual vote. If the student does not so elect, the matter shall testimony. Each witness may be asked by the be disposed of as provided in paragraph 7-6. A copy of Chair to make a statement prior to any ques- the decision and statement of the Hearing Board shall tion. Both the charged student or his repre- be delivered to the student under review, the Dean, sentative and the Disciplinary Officer may the Disciplinary Officer, the Proceeding Adviser, the question their own and adverse witnesses, as instructor, and any other person as required by law. may members of the Hearing Board. 7-6. Reflection of Hearing Board Matters in the Stu- 7-4-8. Duty of Cooperation; Inferences. As is the dent’s Records. In the absence of a finding of special practice in attorney disciplinary proceedings, circumstances by the Hearing Board, convictions of there is a duty of cooperation in Law School major offenses and dispositions approved by the Hear- disciplinary proceedings. A charged student’s ing Board pursuant to paragraph 7-2 become part election not to testify may therefore be used of a student’s official record. Notation on a student’s as the basis for such reasonable inferences official record may include notation on the transcript, as the Hearing Board may, in its discretion, inclusion of the Hearing Board’s written statement deem appropriate. Any person who testifies, pursuant to paragraph 7-5 in the student’s Law School including the charged student, has the duty file, other notation in the student’s Law School file, or to answer any question germane to the mat- some combination of these three, at the discretion of ter under review. If a witness chooses not to the Hearing Board. Charges resolved by a finding that answer particular questions, his silence may be the charges have not been sustained shall not appear used as the basis for such reasonable inferences on the charged student’s official record.4 Where pro- as the hearing Board may, in its discretion, ceedings concerning major offenses were held but did deem appropriate. not reach a definitive conclusion because the student 7-4-9. Closing Statements and Deliberations by did not elect the option stated in paragraph 7-5, that the Hearing Board. After the completion of fact shall become part of a student’s official record testimony and the presentation of any other only upon a written, reasoned determination by the evidence, both the charged student or his rep- Dean that special circumstances warrant this step. resentative and the Disciplinary Officer shall have the opportunity to make a statement. Procedures for Student Discipline 47

8. Sanctions brought, to permit a sanction more appropriate to the 8-1. Authorized Sanctions. Sanctions shall be imposed gravity of the violations found, or to require notation that are appropriate to the nature and severity of on the student’s official record, and relief in such cases the violations to which they attach and to the stu- shall be limited to directing a new hearing to be held, dent’s general character and behavior as a member providing for modification of sanction, or requiring of the Law School community. A non-exhaustive notation in the student’s official record. list of authorized sanctions includes: warning; rep- 9-2. Any appeal shall be taken by a letter to the Dean, rimand; probation, with or without conditions such which must be received by her within four business as counseling; additional work such as writing extra days of receipt, by the party seeking the appeal, of the papers, or accumulating extra credits in order to required findings accompanying the determination graduate; restitution when appropriate; service to appealed from. the Law School community; grade or credit reduc- 9-3. The Dean shall permit a reasonable time for the fil- tion; imposition of a failing grade; suspension with ing of written briefs on appeal and may permit oral or without automatic reinstatement; declination to argument. The Dean’s decision on appeal is the final certify a student to the Bar; expulsion; and with- Law School act, and there is no appeal from that deci- drawal of a degree. A combination of sanctions is sion, unless specifically authorized by the trustees of also authorized. Columbia University. 8-2. Sanctions for Minor Violations. For minor viola- 9-4. The Dean may affirm, reverse, or modify any deter- tions, the tribunal is authorized to impose any sanction mination appealed to her. However, the Dean may short of suspension, declination to certify a student to not increase the severity of the sanction imposed in the Bar, expulsion or withdrawal of a degree. Notation any appealed proceeding, unless and to the extent on a student’s official record is not authorized. that such increase has been sought by the Disciplinary 8-3. Sanctions for Major Offenses. For major offenses, Officer. The Dean is not bound by the precedent of the Hearing Board is authorized to impose any appro- prior decisions, but may consult those decisions for priate sanction. any purpose. 9-5. The decision of the appeal shall be communicated by 9. Appeals letter to the student concerned, the Chair, the Disci- 9-1. Except as otherwise provided, the student may appeal plinary Officer, the Proceeding Adviser, the instructor, the verdict, the sanction, and the decision of the and any other person as required by law. Hearing Board as to whether and how to reflect these 9-6. Unless the student objects for reasons of confidential- matters in the student’s official record. The Disciplin- ity, the Dean may, at any time a case is pending before ary Officer may appeal in the case of a major offense, her for review or appeal, refer the matter to the faculty but only for the purpose of redressing a procedural members of the Advisory Committee for their non- irregularity at the hearing of such magnitude as to binding recommendation concerning appropriate dis- preclude a full and impartial resolution of the charges position of the appeal.

Footnotes 1 The Law School does not have complete control over what information will be called for by various bars and others outside the institu- tion. It will, however, consistent with its obligation of candor, seek to prevent minor violations from becoming a permanent stain on a student’s records. 2 During the period of any temporary suspension of disciplinary proceedings, the Dean may take whatever action she deems necessary to pro- tect the safety and well being of the Law School community. Such action may include suspension of the charged student, without prejudice, pending the outcome of disciplinary proceeding. 3 See footnote 1. 4 The Law School does not have complete control over what information will be called for by various bars and others outside the institution and may be required to disclose information concerning a disciplinary hearing that resulted in the finding that charges had not been sustained. It will, however, consistent with its obligation of candor, seek to prevent charges so resolved from becoming a permanent stain on a student’s records.

As Approved by the Faculty of Law at its Stated Meeting of December 8, 1989 As amended June 1993 and November 17, 1995 48 Grievance Procedure

Grievance Procedure

Two basic kinds of incidents may require review and, in some The following enumeration of our current guidelines should cases, discipline. There are, first, complaints by an individual be understood with these preliminary thoughts in mind: student against a questionable form of academic treatment or involvement by a faculty member, and second, behavior 1. Although a complaint might surface through any faculty or uses of language that appear to step beyond the estab- member or administrative official that a student chooses lished bounds of academic decorum and appear to threaten to approach, the Dean of Students or other proper des- or arbitrarily dismiss either a collective group in our midst ignated administrative official has responsibility for or seriously undermine basic understandings and recognized reviewing the first line of complaint. Some complaints standards of conduct within our community. stop here through a process of counseling and evaluation Responsibility in the discipline of a faculty member will if both parties feel that the matter can be addressed at always be a decanal matter (with the ultimate right of review this level. vested in the Provost, as Dean of all faculties), although we 2. Some individual complaints on academic behavior turn allow for situations in which the Dean would seek faculty on grading concerns in which a student fears some form advice and in-put. At the same time, we value the regular of evaluative retaliation. The Dean of Students or desig- channels of communication and review that might lead to nated official frequently consults here with the Vice Dean such action. Prior channels for receiving a complaint check of Curriculum, always a tenured faculty member of stat- the reliability and gauge the gravity of a given charge and, in ure within the faculty at large. Again, accurate assessment many cases, supply a forum of mediation and resolution at and mutual solution are the goals at this stage of proceed- initial stages in the process of articulation. ing. A failure to resolve the issue at this level results in a All complaints deserve serious attention as a basic protec- report to the Dean for his consideration and action. tion of the values we stand for. Every review must take into 3. In the case of a charge of unfair discrimination against a account and balance basic understandings of academic free- group or collectivity in the School or a charge of breach dom and academic obligation. With these high standards of in behavior that threatens standards of conduct in our review in place, we also reaffirm our belief that the pecu- midst, the process of deliberation from the Dean of liar nature and advanced stage of the education that we sup- Students to the Vice Dean of Curriculum may lead the ply require that the School address its disciplinary problems Dean to exercise the option of establishing an ad hoc within its own sphere of review processes. The sharp give- committee of investigation that operates as a fact-finding and-take of the Socratic method in study of the law and the body and reports to the Dean for his consideration and adversarial procedures allowed in professional engagement action. If so directed, such a committee may make rec- might be misconstrued in any other context. ommendations to the Dean and/or report to the Faculty. 4. The specific nature of such an ad-hoc committee cannot be determined before the event. It is selected by the Dean for its expertise in meeting the issues raised. The mem- bership will normally consist of faculty members who are trusted and respected throughout the community. Columbia University’s Sexual Respect and Community Citizenship Initiative 49

Columbia University’s Sexual Respect and Community Citizenship Initiative sexualrespect.columbia.edu 2. Gain new knowledge about sexual respect, healthy relationships, the ways in which gender bias can affect both safety and participation in academic All students are required to read the University’s opportunities and other aspects of student life. Gender-Based Misconduct Policy, which can be found 3. Engage in discussions with other students about sex- in the Appendix at the back of this handbook. ual respect, healthy relationships, and gender-based misconduct issues, and about the link between these A Message from Professor Suzanne Goldberg, issues and University community membership. Executive Vice President for University Life 4. Generate new ideas, reflective writing, and creative Sexual respect is a commitment. works related to the link between sexual respect and It is a commitment to communicating and acting with University community membership. integrity and respect for others. 5. Learn where to find campus resources for sup- It is also a commitment to each of us doing what we can port, help, and reporting related to gender-based to create an environment where sexual and gender-based misconduct. misconduct is not tolerated. As members of this University community, we have the ability—and the responsibility— As a new Columbia University student, to create and support an ethic of care and mutual respect, what must I do to comply with the Initiative? even amidst our robust differences. All new Columbia University students must complete a series of trainings and/or workshops in order to comply with It starts with us. the initiative’s requirements. A hold will be placed on your The Sexual Respect and Community Citizenship account and you will not receive your official diploma until Initiative, created by students, faculty and administra- you have completed all of the following steps: tors, asks students to examine the link between sexual 1. Complete the online sexual respect tutorial prior respect and membership in the Columbia community. to your arrival at Columbia (you received an email Its goal? To reinforce, for all Columbia students, that about this from Student Services over the summer). sexual respect is integral to being a member of this 2. Attend the Sexual Respect and Community University community. Citizenship Initiative panel presentation during All new Columbia University students are required your OrientationProgram (dates and times to be to participate. announced at Orientation on August 16). 3. Complete at least one option from the many offer- ings through the Sexual Respect Initiative Office What are the Initiative’s goals and objectives? or through the Law School’s peer facilitators. You Goals: will receive information on these offerings begin- 1. Enhance student engagement with information, ning in September and throughout the year; they concepts, and ideas related to sexual respect and include workshops and events, film screenings, Columbia University community membership. online options, and independent projects. 2. Create an environment in which all students and community members can learn and participate free I have experienced sexual violence and would from sexual and gender-based misconduct. prefer to not participate. What can I do? Students who would prefer to not participate because they have Objectives: experienced sexual violence can opt out by emailing Ashley Students are expected to achieve one or more among the Delphia, Sexual Violence Response operations manager following: ([email protected]). (Note: this year’s Initiative includes 1. Develop new skills related to consent, healthy rela- many Resources for Healing and Resilience, which you also tionships, and/or bystander intervention. can review and select from at sexualrespect.columbia.edu/ sexual-respect-initiative/healing-resilience.) 50 University Regulations and Policies

University Regulations and Policies In addition to Columbia Law School’s rules and procedures, there are many University regulations and policies that also govern your time at the Law School. Many of these can be found in Essential Policies for the Columbia Community, together with other applicable University regulations, and are available online at www.essential-policies.columbia.edu. We encour- age you to familiarize yourself with these regulations. Columbia University admits students of any race, color, and national or ethnic origin to all the rights, privileges, programs, and activities generally accorded or made avail- able to students at the University. It does not discriminate on the basis of race, color, sex, gender (including identity and expression), pregnancy, religion, creed, marital status, partner- ship status, age, sexual orientation, national origin, disability, military status, or any other legally protected status in admin- istration of its educational policies, admission policies, schol- arship and loan programs, and athletic and other University- administered programs. The Office of Equal Opportunity and Affirmative Action (EOAA) has been designated as the University’s Compliance Office for Title IX, Section 504 of the Rehabilitation Act, and other equal opportunity, nondiscrimination and affirma- tive action laws. Students, faculty, and staff may contact the EOAA Office (contact information below) to inquire about their rights under University policies, request assistance, seek information about filing a complaint, or report conduct or behavior that may violate these policies.

Heather Parlier Associate Provost for Equal Opportunity and Affirmative Action [email protected] 212-854-5918

Equal Opportunity and Affirmative Action Office (EOAA) 103 Low Memorial Library 212-854-5511

For more information, visit: http://eoaa.columbia.edu. Appendix: University Gender-based Misconduct Policy for Students 51

Appendix

Gender-Based Misconduct Policy for Students (Policy)

Procedures for Responding to Student Gender-Based Misconduct (Procedures)

Revised September 1, 2015 Gender-Based Misconduct Office 612 West 115th Street, 800 Watson Hall New York, NY 10027 (212) 854-1717 [email protected]

Contents

Introduction 1

Scope of the Policy and Procedures 2

Gender-Based Misconduct Policy for Students (“Policy”) 3

Prohibited Conduct 3 Definitions of Gender-Based Misconduct 3

Important Related Concepts 5

Scenarios 6

Resources For Students 7 Confidential Resources 8

Additional Resources (Non-Confidential) 8

Reporting Gender-Based Misconduct 9 Requesting Confidentiality in Connection with a Report to the University 9

Accommodations and Interim Measures 9

Other Information about Reporting 10 Procedures for Responding to Student Gender-Based Misconduct (Procedures) 12

Rights of the Complainant and Respondent 12 Privacy 12

Advisors 13

Declining to Participate 13

Time Frames 13

Notice 14

Conflicts of Interest 15

Investigation and Adjudication Process 15 Initial Assessment of Complaints 15

Investigation 15

Predetermination Conference 17

Resolutions 17

Adjudication Process/Hearing Panel 18 Sanctions and Other Remedies 20 Ongoing Accommodations for Complainant 21

Appeal Process 21

Records Disclosure 22

Amendments 22

NYS Students’ Bill of Rights 23

This Policy and the accompanying Procedures are intended to comply with Title IX guidance issued by the White House Task Force to Protect Students from Sexual Assault and the Department of Education’s Office for Civil Rights and the requirements of the Campus SaVE Act. The Policy and Procedures have been prepared by University administration and reviewed by the President’s Advisory Committee on Sexual Assault (PACSA), and with extensive input from students, faculty, and adminis- trators. The policy was updated on October 15, 2015 with minor corrections and clarifications. Com- ments and questions, which are always welcome, may be directed to [email protected]. Change Header Information 55

introduction

Columbia University, Barnard College, and Teachers College1, 2 • Gender-based misconduct can occur between strangers or are committed to fostering an environment that is free from acquaintances, or people who know each other well, including gender-based discrimination and harassment, including sexual between people involved in an intimate or sexual relationship. assault and all other forms of gender-based misconduct. The • Gender-based misconduct can be committed by anyone re- University recognizes its responsibility to increase awareness gardless of gender identity, and it can occur between people of such misconduct, prevent its occurrence, diligently inves- of the same or different sex or gender. tigate reports of misconduct, support victims, and deal fairly and firmly with students who violate University policy. In ad- Most fundamentally, the University does not tolerate any form dressing issues of gender-based misconduct, all members of of gender-based misconduct. Students who experience gen- the University must come together to respect and care for one der-based misconduct can bring claims in the process set out another in a manner consistent with our deeply held academic below. Those found responsible will be sanctioned in accor- and community values. dance with this Policy. Students who experience gender-based misconduct can also pursue criminal and civil processes, in ad- Through this Gender-Based Misconduct Policy and accom- dition to or instead of the University’s process under this Policy. panying Procedures, the University defines gender-based misconduct and sets forth its procedures for addressing gen- This Policy and accompanying Procedures are part of the der-based misconduct involving students. The Policy and Pro- University’s multifaceted approach toward eliminating gen- cedures are designed to reflect the University’s commitment to der-based misconduct from our community, which includes: a safe and non-discriminatory educational environment, con- (1) educational programs; (2) services and resources for those sistent with Title IX, the Violence Against Women Act, and the affected by gender-based misconduct; (3) accessible, prompt, New York Education Law. and fair methods of investigation and resolution of reports of misconduct; and (4) protections designed to prevent against Here are several important points about gender-based miscon- recurrence. duct that the Policy addresses: The Policy first specifies prohibited conduct and provides il- • Gender-based misconduct comprises a broad range of be- lustrative scenarios, which may be helpful in understanding haviors focused on sex and/or gender that may or may not be the Policy’s scope. It then describes available resources and sexual in nature. reporting options, and explains whether and to what extent in- • Sexual harassment, sexual assault, sexual exploitation, gen- teractions with various resources are confidential. Finally, the der-based harassment, stalking, domestic violence, and dat- Policy discusses measures and accommodations that may be ing violence are all forms of gender-based misconduct. available in particular cases to support and assist students. The Procedures spell out the investigation, hearing, and sanc-

1 For the purposes of this Policy and the Procedures, the term “University” includes Columbia University and Teachers College. As indicated in the Scope of Policies and Procedures below, when a Barnard student is a Respondent, Barnard Policies and Procedures apply. In cases where a Bar- nard student is the Complainant and a Columbia or Teachers College student is the Respondent, Columbia’s Gender-Based Misconduct Policy and Procedures apply. Barnard College’s Policy and Procedures case be found at http://barnard.edu/doc/titleix. 2 When describing just one of the institutions, the names Columbia, Barnard, and Teachers College are used. 1 56 Change Header Information

tioning process for matters in which students are accused of • If the Respondent is a Barnard student, Barnard employee, misconduct, as well as the rights of students in connection or other person doing business with Barnard College, the with the process. The very last section includes the New York investigation and disciplinary processes described in the State Students’ Bill of Rights and a comprehensive listing of Barnard College Title IX Grievance Procedures for Sexual resources available to students affected by gender-based and Gender-based Misconduct (http://barnard.edu/doc/ misconduct, including phone numbers, campus locations and titleix) apply. websites. • If the Respondent is a Teachers College employee or other Nothing in the Policy or the Procedures shall be construed person doing business with Teachers College, the investi- to abridge academic freedom and inquiry, principles of gation and disciplinary processes described in the Teachers free speech, or the University’s educational mission. College Policy on the Protection from Harassment (www. tc.edu/titleix) apply. scope of the Policy and Procedures The University’s Gender-Based Misconduct Office5 (“the Of- This Policy governs gender-based misconduct involving stu- fice”) serves as the central point of contact for all University dents3 that: (1) occurs on any University campus or in con- students affected by gender-based misconduct. Students of nection with University programs or activities; (2) creates a Barnard and Teachers College may contact the Office direct- hostile environment for University students; or (3) involves a ly or through the Title IX Coordinator at their school. Respondent (a person accused of gender-based misconduct) Note: While this Policy and the Procedures identify the who is a current undergraduate, graduate, or professional University office or employee who will typically perform student at the University. The Policy applies regardless of certain roles or duties, the University may designate oth- a person’s gender, gender identity, gender expression, sex- er University offices or employees to perform any roles or ual orientation, age, race, nationality, class status, religion, duties described in the Policy or Procedures. pregnancy, predisposing genetic characteristics, military status, criminal convictions, domestic violence status, famil- ial status, or other protected status.4

The accompanying Procedures describe the investigation and disciplinary process that applies when the Respondent is a current undergraduate, graduate, or professional student at the University, including students on leave. If the Respon- dent is affiliated with the University, but is not a University student, different procedures apply to the investigation and disciplinary process as described here:

• If the Respondent is a Columbia employee or other person doing business with Columbia, the investigation and dis- ciplinary processes described in Columbia’s Employment Policies and Procedures on Discrimination and Harassment (eoaa.columbia.edu) apply.

3 While gender-based misconduct is prohibited in all University programs and activities, this Policy does not cover elementary or secondary school students in University programs. 4For the purposes of this policy, references to he/she also include they and any other preferred pronouns. This policy pertains to any reports made after September 1, 2015, regardless of when the incident occurred. 5 The University’s Gender-Based Misconduct Office is part of the University’s Student Conduct and Community Standards Office.

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Gender-Based Misconduct Policy for students (“Policy”)

ProhiBited conduct DEFINITIONS OF GENDER-BASED MISCONDUCT

Gender-based misconduct includes a broad range of behaviors • Sexual Assault: Intercourse. Any form of vaginal, anal, or focused on sex and/or gender that may or may not be sexual oral penetration, however slight, by a penis, object, tongue, in nature. This misconduct can occur between strangers or ac- or finger without a person’s affirmative consent; and oral quaintances, or people who know each other well, including be- copulation (mouth to genital contact or genital to mouth tween people involved in an intimate or sexual relationship, can contact) without a person’s affirmative consent. be committed by anyone regardless of gender identity, and can • Sexual Assault: Contact. Any intentional sexual touching, occur between people of the same or different sex or gender. without a person’s affirmative consent. Intentional sexual One form of prohibited conduct can occur separately from or touching includes contact, under or over clothing, with the simultaneously with another form of prohibited conduct. breasts, buttocks, or groin, or touching another with any

Before turning to the definitions of prohibited conduct, here is of these body parts; making another person touch any of important information about consent, non-consensual activity, these body parts under or over clothing; and the emission and gender-based misconduct. of ejaculate on the clothing or body of another person with- out that person’s consent. Consensual sexual activity requires a knowing, voluntary and mutual decision among all participants involved. Any • Domestic Violence. The use of physical violence, coer- non-consensual sexual activity is gender-based miscon- cion, threats, intimidation, isolation, stalking, or other duct. forms of emotional, psychological, sexual, technological, or economic abuse directed toward (1) a current or for- More specifically: mer spouse or intimate partner; (2) a person with whom o Sexual activity that is coerced or forced is not consensual. one shares a child; or (3) anyone who is protected from the Respondent’s acts under the domestic or family violence o A person cannot give consent if he or she lacks the ability laws of New York. This includes behaviors that intimidate, to make or understand the decision because of disability, manipulate, humiliate, isolate, frighten, terrorize, coerce, lack of sleep, consumption of alcohol or drugs, or if he or threaten, or physically injure someone. Domestic violence she is unwillingly restrained. can be a single act or a pattern of behavior in relationships. o A sleeping or unconscious person cannot give consent. • Dating Violence. The use of physical violence, coercion, o The use of alcohol or drugs does not justify or excuse gen- threats, intimidation, isolation, stalking, or other forms of der-based misconduct and never makes someone at fault emotional, psychological, sexual, technological, or eco- for experiencing gender-based misconduct. nomic abuse directed toward a person who is or has been in a social relationship of a romantic or sexually intimate nature with the victim. This includes behaviors that intim- idate, manipulate, humiliate, isolate, frighten, terrorize,

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coerce, threaten, or physically injure someone. Dating vi- with another person’s academic performance or creating olence can be a single act or a pattern of behavior in rela- an intimidating, hostile, demeaning, or offensive campus tionships. or living environment

• Sexual Exploitation. Non-consensual abuse or exploitation • Gender-based Harassment. Acts of aggression, intimidation, of another person’s sexuality for the purpose of sexual grati- stalking, or hostility based on gender or gender stereotyping fication, financial gain, personal benefit or advantage, or any constitute gender-based harassment. Gender-based harass- other illicit purpose. Examples of sexual exploitation may in- ment can occur if students are harassed either for exhibiting clude, but are not limited to: observing another individual’s what is perceived as a stereotypical characteristic of their nudity or sexual activity or allowing another to observe nudity sex or for failing to conform to stereotypical notions of mas- or sexual activity without the knowledge and affirmative con- culinity or femininity. To constitute harassment, the conduct sent of all participants; non-consensual streaming of images, must unreasonably interfere with another person’s education photography, video, or audio recording of sexual activity or or participation in educational programs or activities or create nudity, or distribution of such without the knowledge and af- an intimidating, hostile, demeaning, or offensive academic or firmative consent of all participants; exposing one’s genitals living environment. in non-consensual circumstances; and inducing incapacita- • Retaliation. Any adverse action or threatened action, taken tion for the purpose of making another person vulnerable to or made, personally or through a third party, against some- non-consensual sexual activity. one who has filed a gender-based misconduct complaint (a • Stalking. A course of unwanted attention that is repeated or Complainant) or has been the subject of a gender-based mis- obsessive, directed toward an individual or a group and that is conduct complaint (a Respondent) or any other individual who reasonably likely to cause alarm, fear or substantial emotional engages with the Office. distress. Stalking may take many forms, including lying in wait o All individuals and groups of individuals, not just a Respon- for, monitoring, and/or pursuing contact. Stalking may occur dent or Complainant, are prohibited from engaging in re- in person or through communications such as telephone calls, taliation. text messages, unwanted gifts, letters, e-mails, surveillance, or other types of observation. o Retaliation includes threatening, intimidating, harassing, or any other conduct that would discourage a reason- • Sexual Harassment. Unwelcome sexual advances, requests able person from engaging in activity protected under for sexual contact, and other verbal, physical, or visual con- this Policy, such as seeking services; receiving protective duct of a sexual nature constitutes sexual harassment when: measures and accommodations; reporting gender-based o Submission to such conduct is made either explicitly or misconduct; and/or participating in an investigation or ad- implicitly a term or condition of an individual’s academic, judication. co-curricular, or campus life activities o Retaliation includes maliciously and purposefully interfer- o Submission to or rejection of such conduct by an individual ing with, threatening, or damaging the academic or pro- is used as the basis for academic or student life decisions fessional career of another individual, before, during or affecting that individual after the investigation and resolution of a report of gen- der-based misconduct under this Policy. o Such conduct is intentional, serves no legitimate pur- pose, and involves contact with parts of another individ- o This provision does not apply to reports made or informa- ual’s body that may cause that person to feel degraded or tion provided in good faith, even if the facts alleged in the abused report are determined not to be accurate.

o When the behavior is for the purpose of gratifying the ac- tor’s sexual desire

o Such conduct has the effect of unreasonably interfering

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Here are some examples of conduct that could constitute gen- o Silence or the lack of resistance, in and of itself, does not der-based misconduct under the definitions just discussed: demonstrate consent. Again, it is important not to make assumptions; if confusion or ambiguity arises during a • Coercion for a date or a romantic or intimate relationship sexual interaction, it is essential that each participant • Unwelcome touching, kissing, hugging, or massaging stops and verbally clarifies the other’s willingness to con- tinue engaging in the sexual contact or activity. • Use of unwanted force in connection with sexual activity or attempted sexual activity o Consent may be initially given, but can be withdrawn at any time. When consent is withdrawn or can no longer be • Sexual contact with a person who has not clearly consented given, sexual activity must stop. • Unwelcome remarks about a person’s genitals, including o Previous relationships or previous consent for sexual activ- breasts ity is not consent to sexual activity on a different occasion. • Belittling remarks about a person’s gender or sexual orienta- o The definition of consent does not vary based upon a par- tion based on gender stereotypes ticipant’s sex, sexual orientation, gender identity, gender • Videotaping or photographing of activity of a sexual or private expression or relationship status. nature without the consent of the person(s) being videotaped • Force. Force refers to the use of physical violence and/or im- or photographed posing on someone physically to gain sexual access. Force • Graffiti concerning the sexual activity of another person can also include threats, intimidation (implied threats), or co- ercion used to overcome resistance. • Use of e-mail, the Internet, or other forms of digital media to facilitate any of the conduct listed above o Intimidation. Any threat of violence or other threatening behavior directed toward another person or group that important related concepts reasonably leads the target(s) to fear for their physical well-being or to engage in sexual conduct for self-protec- The definitions that follow provide additional guidance regard- tion. ing the conduct this Policy prohibits: o Coercion. Coercion is verbal and/or physical conduct, in- • Affirmative Consent. Affirmative consent is a knowing, vol- cluding manipulation, intimidation, unwanted contact, and untary, and mutual decision among all participants to engage express or implied threats of physical, emotional, or oth- in sexual activity. er harm, that would reasonably place an individual in fear o Consent can be given by words or actions, as long as those of immediate or future harm and that is used to compel words or actions express willingness to engage in the sex- someone to engage in sexual contact. ual contact or activity. It is important not to make assump- • Incapacitation. Incapacitation occurs when an individual tions. If there is confusion or ambiguity, participants in lacks the ability to knowingly choose to participate in sexual sexual activity need to stop and verbally clarify each per- activity. A person who is incapacitated cannot make a ratio- son’s willingness to continue. nal, reasonable decision because the person lacks the ability o Consent cannot be procured by the use of physical force, to understand his or her decision. compulsion, threats, intimidating behavior, coercion, or o Incapacitation may be associated with a person’s lack- from a person who is incapacitated. ing consciousness; being asleep; being involuntarily re- o Consent to one form of sexual activity does not imply con- strained; having a disability that impedes consent; or if an sent to other forms of sexual activity. individual otherwise cannot consent due to other forms of helplessness. o Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with anoth- • Under New York State law, a person under the age of er person. 17 lacks the capacity to give consent.

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o Depending on the degree of intoxication, someone who is • Whether the conduct was physically threatening under the influence of alcohol, drugs, or other intoxicants • The effect of the conduct on the Complainant’s men- may be incapacitated and therefore unable to consent. tal or emotional state • How drugs and alcohol affect consent: • Whether the conduct was directed at more than one • The impact of alcohol and other drugs varies from person person to person. Warning signs that a person may • Whether the conduct arose in the context of other be incapacitated or approaching incapacitation as a discriminatory conduct result of alcohol or drug use may include, but are not limited to slurred or incomprehensible speech, vom- • Whether the conduct unreasonably interfered with iting, unsteady gait, combativeness, or emotional the Complainant’s educational or work performance volatility. and/or University programs or activities

• Individuals should be aware of, and carefully consid- • Complainant. The person making the allegation(s) of gen- er, the potential consequences of the use of alcohol der-based misconduct. or drugs. Alcohol and drugs can lower inhibitions and • Respondent. The person alleged to have committed gen- create an atmosphere of confusion over whether der-based misconduct. consent is freely and affirmatively given. • Party. Complainants and Respondents are sometimes re- o Whether sexual activity with an incapacitated person ferred to as parties. (A “party” is someone who is directly constitutes gender-based misconduct may depend on involved in a proceeding.) Others, such as witnesses and advi- whether the Respondent knew or should have known of sors, are not considered parties. the Complainant’s incapacitation, based on objectively and reasonably apparent indications when viewed from scenarios the perspective of a sober, reasonable person in the Re- spondent’s position. These scenarios help illustrate some applications of the Policy.

o Being intoxicated, impaired, or incapacitated by alcohol • Pat and Dana met at a party. They spent the entire party get- or other drugs is never an excuse for committing a policy ting to know each other and dancing. Dana had four shots violation and does not diminish anyone’s responsibility to of tequila and four beers over the course of the evening. At obtain informed and freely given consent. one point, Dana went to the bathroom. Pat noticed that Dana staggered upon returning from the bathroom. Dana’s friend o The use of alcohol or other drugs never makes someone at informed Pat that Dana had been vomiting. Pat volunteered to fault for experiencing gender-based misconduct. take Dana home. When they arrived at Dana’s dorm room, Pat • Hostile Environment. A hostile environment may arise when began kissing Dana and proceeded to have sexual intercourse unwelcome conduct of a sexual or gender-based nature af- with Dana. Upon waking up in the morning, Dana asked Pat fects a student’s ability to participate in or benefit from an what happened that evening. Pat told Dana that they had sex education program or activity, or creates an intimidating, and that Dana had asked to have sex. Dana began crying and threatening, or abusive educational and/or living environment. said, “I didn’t want to have sex with you.” This is a violation of A single, isolated incident of sexual or gender-based harass- this Policy. A reasonable person could have concluded that ment may, based on the facts and circumstances, create a Dana was incapacitated due to Dana’s alcohol use because hostile environment. Pat saw Dana stumbling and knew Dana had vomited in the bathroom. Dana was therefore not able to give consent. o In evaluating a hostile environment, the University will con- sider the totality of the known circumstances, including • Taylor and Hong have been dating for a few months. On sev- but not limited to: eral occasions, Taylor and Hong have engaged in consensual sexual intercourse. One night, Hong and Taylor were making • The frequency, nature and severity of the conduct

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out when Hong said, “I don’t feel like having sex tonight.” Taylor physical injury constitutes domestic violence. continued to kiss Hong and took off Hong’s clothing despite • Bette and Tina had been dating for a few months. Tina, an as- Hong’s verbal and physical objections. Eventually, Hong be- piring photographer, asked Bette to pose in the nude for her came silent and submitted to Taylor’s insistence to have sex. portfolio. Bette and Tina got into an argument regarding Tina’s This is a violation of this Policy. Hong objected to having sex photography. Shortly after they broke up, a mutual friend in- and Taylor ignored these objections. Although Taylor and Hong formed Bette that Tina had posted Bette’s nude photographs have previously had consensual sexual intercourse, Hong did on Facebook. This is a violation of this Policy. The use and dis- not consent to sexual activity on this particular evening. In ad- tribution of photographs of another person’s unclothed body dition, silence does not imply consent. or body parts, without permission, regardless of whether they • Peyton and Jordan were in the hallway of their residence hall originally consented, is sexual exploitation. with a group of their neighbors on the floor, joking around and telling stories. Peyton placed her arms around Jordan’s waist as they continued their conversation and then touched Jordan’s breasts. Jordan removed Peyton’s hands from her resources for s tudents body. A few minutes later, Peyton stated she did not under- stand why Jordan was making such a big deal about Peyton IMMEDIATE ASSISTANCE touching her. This is a violation of this Policy. Peyton had not The University encourages all students affected by gen- obtained Jordan’s affirmative consent and, as such, this be- der-based misconduct to seek immediate assistance. Seeking havior constitutes intentional, nonconsensual physical con- assistance promptly may be important to ensure a student’s tact of a sexual nature. physical safety or to obtain medical care, emotional support, or • Kai and Lee met at an off campus location and quickly realized other support; it may also be necessary to preserve evidence, they were both Columbia students. Lee asked Kai for hir num- which can assist the University and/or law enforcement in re- ber and suggested that they meet for lunch on campus. A few sponding effectively. Assistance is available twenty-four hours hours later, Lee began to call and text Kai, asking Kai out on a a day, seven days a week. The Resources listing at the end of date. Kai told Lee that ze is not interested and did not want to this document provides contact information for the campus date hir. Lee found out Kai’s campus address and began to de- and community resources available to help. liver cards and flowers to Kai’s room. One day, Lee waited for Kai outside of hir class to invite hir to dinner. Kai was very clear CONFIDENTIALITY/MANDATORY REPORTING in telling Lee to leave hir alone and to stop visiting hir dorm The University values the privacy of its students, employees, or going to hir classes. This is a violation of this Policy. Kai and other community members. Community members should declined Lee’s multiple requests to go on a date. Additionally, be able to seek the assistance they need without fear that the Kai explicitly asked Lee to leave hir alone and to stop visiting information they provide will be shared more broadly. Federal hir dorm. This behavior constitutes stalking. and state laws, however, impose reporting obligations on Uni- • Melissa and Joe are married and live in off-campus housing. versity employees, including faculty and staff that, in some cir- After a stressful meeting with his advisor concerning his PhD cumstances, can require certain personnel to share information dissertation, Joe came back to the apartment and berated from a report of gender-based misconduct with government Melissa about the apartment being messy. Joe grabbed the authorities, University Public Safety, or others at the Univer- dinner that Melissa ordered and threw it in her direction, sity. The attached Resources listing includes a chart summa- though he did not hit her. When Melissa tried to leave the rizing the confidentiality obligations of different categories of apartment, Joe grabbed her by the wrist. In the struggle to get University employees with respect to reports of gender-based away from Joe, Melissa fell and hit her head on the table. This misconduct. is a violation of this Policy. Any use of physical force or emo- Even when University employees have an obligation to report to tional abuse and/or behavior toward a spouse that results in others, which means their office is described as “non-confiden-

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tial” under this Policy, they will protect and respect students’ the investigation and disciplinary process and throughout a privacy to the greatest extent possible and share information student’s time at the University. Contact information for the only on a need-to-know basis. The information provided to a Gender-Based Misconduct Office is in the Resources listing non-confidential resource will be relayed only as necessary for following the Procedures. the Title IX Coordinator and/or the Gender-Based Misconduct Each complainant and respondent who engages with the Gen- Office to investigate and/or seek a resolution. Any of the staff der-Based Misconduct Office will be assigned a respective listed as Resources will be able to explain his or her reporting Case Manager. This person works within the Gender-Based obligations in more detail. Misconduct Office and serves as a resource to the student as it relates to this policy. Further, the Case Manager may assist confidential resources students seeking accommodations through the office, includ- ing cases where a complainant chooses not to engage in the ADVoCACy, CounSElInG SERVICES, AnD HEAltHCARE discipline process and when the respondent is not affiliated PRoVIDERS with the University. The University provides confidential advocacy, crisis and pas- toral counseling, and medical services on campus. Advocates, TITLE IX COORDINATORS counselors, clergy, and healthcare providers can provide stu- The Title IX Coordinators for Columbia and Teachers College dents with immediate and long-term help. Conversations with are responsible for overseeing the University’s response to Ti- them are confidential, except as described in the Resources tle IX reports and complaints, and identifying and addressing listing following the Procedures. any patterns or systemic problems revealed by such reports They will listen, help access additional assistance, and explain and complaints. The Title IX Coordinators oversee the admin- options for obtaining additional support from the University and istration of this Policy and the Procedures in a neutral and eq- others. They can also arrange for medical care and accompany uitable manner. Title IX coordinators from Barnard, Columbia, students, or arrange for someone to accompany students, to and Teachers College will work collaboratively when students seek such care. Students may use these resources whether or from different institutions are involved in the process. Contact not they decide to make a report or complaint or participate information for the Title IX Coordinators is in the Resource list- in University disciplinary proceedings or the criminal process. ing following the Procedures.

These advocates, counselors, clergy, and healthcare providers LAW ENFORCEMENT are familiar with the University’s disciplinary process, can ex- plain what to expect, and provide support while disciplinary or Students may report gender-based misconduct to the New York criminal processes are pending. City Police Department, the Manhattan District Attorney’s Of- fice, or the local law enforcement agency where the misconduct occurred if the misconduct occurred outside of New York City. additional resources (non-confidential) The University and criminal justice systems work independently from one another. Law enforcement authorities do not determine whether a violation of this Policy has occurred, and the criminal GENDER-BASED MISCONDUCT OFFICE justice system uses different standards related to proof and evi- The University has established the Gender-Based Misconduct dence. Any questions about whether a specific incident violated Office to support and provide assistance to students affect- the penal law should be addressed to law enforcement. ed by gender-based misconduct. The Office does not act as The University’s Public Safety personnel and the other resourc- an advocate, but is a neutral resource available to all students. es in the Resources listing are familiar with New York City and The Office is responsible for referring students to available New York State law enforcement processes and can explain resources, offering appropriate protections, and coordinat- what happens when gender-based or sexual misconduct is re- ing the disciplinary process. The Office can provide support ported to law enforcement. and assistance immediately following an incident, throughout

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SVR is required to provide reporting information under New can request that the Office not disclose his or her identity to York State law in order to maintain certification. SVR staff par- anyone else, including the person who allegedly committed the ticipates in regular training, and SVR advocates are able to be misconduct. While such a request may limit the ability to inves- present during investigative interviews with survivors as a cli- tigate and respond to the reported misconduct, the Office, in ent’s support person or advocate. consultation with the appropriate Title IX Coordinator(s), will consider the request in light of the University’s commitment to Confidential support resources, the Gender-Based Misconduct provide a safe and non-discriminatory environment for all stu- Office and University Public Safety can explain how to report dents and will honor the request whenever possible. The Office sexual assault and other forms of gender-based misconduct to will promptly notify the student making the request whether law enforcement. the University will be able to honor it. Confidential support resources or University Public Safety per- Whether or not the University is able to grant a request to keep sonnel can accompany any student requesting support to the the student’s identity confidential, University personnel will re- Police Department or District Attorney’s Office. They cannot veal information about investigations and disciplinary proceed- serve as a substitute for legal advice on these matters. ings related to gender-based misconduct only to those who need to know in order to carry out their duties and responsibil- ities. In all cases, the University will take appropriate steps de- reporting Gender-Based Misconduct signed to counteract the effects of the alleged gender-based The University encourages students to report gender-based misconduct, prevent its recurrence, and make accommoda- misconduct to the Gender-Based Misconduct Office so that tions for the students involved. This may include academic, the University can investigate and respond effectively. Stu- residential, and work accommodations, increased monitoring, dents may meet with the Office staff to learn more about the supervision, or security at locations or in connection with ac- process before making a report. tivities where the alleged misconduct occurred, and training and educational materials for the campus community. If there The University recognizes that students may be most com- is reason for concern about possible retaliation or harm, the fortable disclosing gender-based misconduct to a University University will take protective measures in consultation with employee they know well, such as a faculty member, coach, the affected students. or resident advisor. Any University employee (other than the confidential resources identified in the Resources listing) who ACCOMMODATIONS AND INTERIM MEASURES receives a report is required to inform the Office, directly or through a Title IX Coordinator, about the incident. The Univer- The University can provide accommodations and impose inter- sity will endeavor to follow up on any report it receives about im measures after a report has been filed. possible gender-based misconduct, whether from a student, other member of the community, or an anonymous source. ACCOMMODATIONS

Before a student reveals information, University employees will The Office will work with all students affected by gender-based try to ensure that the student understands the employee’s re- misconduct to ensure their safety and promote their well-be- porting obligations. For example, if the student wishes to main- ing. Sometimes this assistance will take the form of appropri- tain confidentiality, a non-confidential resource will direct the ate accommodations intended to support and provide relief. student to confidential resources, which will not report without Students may request accommodations even in cases where the student’s permission. A student may choose to make a full an investigation is not undertaken or either party has declined report or request confidentiality as he or she determines. to participate in the University disciplinary proceeding or the criminal process. REqUESTING CONFIDENTIALITY IN CONNECTION WITH A REPoRt to tHE unIVERSIty The Office will evaluate any request for accommodations in light of the circumstances and information available at the time of the A student who reports gender-based misconduct to the Office request. If requested accommodations cannot be granted, the

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Office will provide an explanation, in writing, to the student. is a violation of University policy and may lead to disciplinary action. Accommodations may include, but are not limited to Following the report of an incident, the Office will provide writ- o Moving a student’s residence ten notice to the students involved in the incident, describing o Adjusting a student’s work schedule for University employ- any necessary interim measures and the accommodations and ment resources available to them. The University will provide notice about these measures and accommodations only to those who o Changing a student’s academic schedule need to know in order to make them effective. o Allowing a student to withdraw from or retake a class with- Students who are Complainants or Respondents may request out penalty a prompt and reasonable review of the need for and terms of o Providing access to tutoring or other academic support any interim measure that directly affects them and may submit evidence in support of their request. Requests for review of the The Office will also work with the relevant disability services interim measure shall be submitted in writing to the Associate office to assist students, as appropriate. Vice President for Student Conduct and Community Standards. Students who are Complainants or Respondents may request a prompt and reasonable review of the need for and terms of OTHER INFORMATION ABOUT REPORTING any accommodation that directly affects them and may submit evidence in support of their request. Requests for review of the TIME FOR REPORTING accommodations shall be submitted in writing to the Associate The University does not limit the time for submitting a report Vice President for Student Conduct and Community Standards. of gender-based misconduct. However, the University’s ability A student who has experienced gender-based misconduct may to investigate and respond effectively may be reduced with the also be entitled to obtain remedies under applicable law, such passage of time. as an order of protection. The University can assist students in contacting law enforcement or legal service organizations to REPORTS FROM OTHERS AND ANONYMOUS REPORTS learn about these remedies. In cases where gender-based misconduct is reported to the Office by someone (for example, a faculty member, resident INTERIM MEASURES advisor, friend or roommate) other than the student who was The University may also take action through directives (known subjected to the alleged misconduct, the Office will promptly as “interim measures”) to ensure the safety of all parties in- notify the student that a report has been received. This Poli- volved and to protect the integrity of a pending investigation or cy and the Procedures will apply in the same manner as if the disciplinary process. student had made the initial report. The Office will make every effort to meet with the student to discuss available options and Interim measures include, but are not limited to: on-campus and off-campus resources. Reports from anony- o “No contact” directives mous sources will be treated in a similar fashion.

o Restricting a Respondent’s access to campus buildings RElAtED AlCoHol AnD DRuG VIolAtIonS and/or University property The health and safety of every student at the University is of o Moving a student’s residence utmost importance. The University recognizes that students o Temporarily suspending a Respondent from the University who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including o Temporarily suspending a Respondent from specified ac- but not limited to domestic violence, dating violence, stalking, tivities or sexual assault, occurs, may be hesitant to report such inci- Failure to comply with interim measures or other directives dents due to fear of potential consequences for their own con-

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duct. Because the University strongly encourages students to University community concerning reported incidents of gen- report gender-based misconduct, it has adopted the following der-based misconduct and the results of student disciplinary policy: A student (including a bystander), acting in good faith, proceedings. Such reports do not contain information identify- who discloses any incident of gender-based misconduct to a ing individual student participants. University employee or law enforcement will not be subject to disciplinary action for violations of alcohol and/or drug policies occurring at or near the time of the gender-based misconduct. unknown/non-unIVERSIty oFFEnDERS

The University will, if possible, investigate reports of incidents affecting University students that involve persons who are not members of the University community or whose identity is not known and take appropriate actions to protect affected stu- dents and others in the University community. In addition, the Office will assist students in identifying appropriate campus and other resources.

PublIC AwAREnESS EVEntS

The University supports public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, survivor speak outs, and other forums. These activ- ities help inform the need for campus-wide education and pre- vention efforts. The disclosure of incidents of gender-based misconduct at such events is not considered a report to the University for purposes of triggering an investigation of a par- ticular incident.

REPORTING OF CRIME AND DISCIPLINARY STATISTICS

A federal law called the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires the University to record and report certain informa- tion about campus safety, including the number of incidents of certain crimes on or near campus, some of which constitute gender-based misconduct under this Policy. As described in the chart in the Resources section at the back of the Policy, many employees who receive reports of gender-based misconduct are required by the Clery Act to notify University Public Safe- ty about such incidents for statistical reporting purposes only; these notifications may include the classification and location of the reported crime but do not identify the students involved.

Additionally, as a matter of policy unrelated to the Clery Act, the University annually reports aggregate information to the

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Procedures for resPondinG to student Gender-Based Misconduct (Procedures)

Here you can find information about the University’s disciplinary • To adequate time to review documents in the Office following process for addressing alleged violations of the Gender-Based the investigation Misconduct Policy. • To adequate time to prepare for a hearing This section first describes students’ rights in the investigation • To an opportunity to challenge investigator(s) or hearing/ap- and disciplinary process and other important background infor- pellate panel member(s) for a possible conflict of interest mation, including about privacy, advisors, and time frames. It then describes the disciplinary process in detail. • To refrain from making self-incriminating statements

• To an appeal of the decision made by the hearing panel and of rights of the complainant and respondent any sanctions imposed by the Sanctioning Officer In order to provide accessible, prompt, and fair methods of in- • To notification, in writing, of the case resolution, including the vestigation and resolution of incidents of student gender-based outcome of any appeal misconduct, the University has developed a process for investi- gation and adjudication of misconduct reports. Throughout this • To report the incident to law enforcement at any time process, both the Complainant and the Respondent have the • To understand that information collected in the process may following rights: be subpoenaed in criminal or civil proceedings • To respect, dignity, and sensitivity A handout that lists these rights will be provided to both the • To appropriate support from the University Complainant and the Respondent, along with the NYS Stu- dents’ Bill of Rights, during each student’s initial meeting with a • To privacy to the extent possible consistent with applicable Case Manager from the Gender-Based Misconduct Office. law and University policy

• To information about the University’s Gender-Based Miscon- PRIVACy duct Policy and Procedures for Students The University will reveal information about its investigation • To the presence of an advisor throughout the process and adjudication of gender-based misconduct only to those who need to know the information in order to carry out their • To participate or to decline to participate in the investigation duties and responsibilities. It will inform all University individu- or hearing panel process (however, a decision not to partici- als participating in an investigation, proceeding, or hearing that pate in the process either wholly or in part will not prevent the they are expected to maintain the privacy of the process. This process from proceeding with the information available) does not prohibit either a Complainant or Respondent from • To a prompt and thorough investigation of the allegations obtaining the assistance of family members, counselors, thera-

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pists, clergy, doctors, attorneys, or similar resources; nor does not request a different attorney-advisor from the University, it prevent either party from discussing the incident itself. but may make another advisor selection if he/she chooses. If the University is requested to arrange for an attorney-advisor ADVISoRS for either the Complainant or Respondent, it will notify the oth- er party and upon request arrange for an attorney-advisor. The Complainant and the Respondent, respectively, may be accompanied to any meeting or hearing by the advisor of their DECLINING TO PARTICIPATE choice through the course of case management, investigation, adjudication, and the appeal process. Witnesses or others in- The Gender-Based Misconduct Office will make multiple ef- volved in the Gender-Based Misconduct Process are not per- forts to engage the participation of the Complainant and/or mitted to bring another person to any meeting or hearing. Respondent in the process; however, either party may decline to participate in any step of this process, including the inves- Advisors may support the student and provide advice during an tigation, hearing, and/or any subsequent appeal. Declining to investigation and throughout the process. Although students schedule a meeting with investigators or refusal to respond to are not required to bring their advisor to all meetings, they outreach by the Office may preclude or limit participation in lat- are expected to maintain the same, single advisor through- er stages of the process, as explained below. Silence or a deci- out the process unless there are extenuating circumstances sion not to participate will not be treated as a negative factor in that require them to obtain a replacement. This use of a sin- the investigation, adjudication, or appeal. gle, consistent advisor enables the process to move forward in an efficient fashion. In the event that students want to make a The University may continue the process without the Com- permanent change to their advisor, they must provide written plainant’s and/or Respondent’s participation. A refusal to partic- notice to their case manager. ipate during the investigation stage of the process will preclude a Complainant or Respondent from submitting new information During meetings and hearings, the advisor may talk quietly to the hearing panel or appellate panel, absent extraordinary with the student or pass notes in a nondisruptive manner. The circumstances; however, the Complainant or Respondent may advisor may not intervene in a meeting or hearing or address submit an impact statement at the sanctioning stage, if appli- the investigator or hearing panel, including by giving evidence, cable, without regard to earlier participation in the process. questioning witnesses or making objections. While advisors Even if a party declines to participate, the Office will continue may provide guidance and assistance, all written submissions to update each party throughout the process, unless a party must be authored by the student. submits a written request to the Office to cease contact. All University administrators, including the Gender-Based Misconduct Office staff, will communicate directly with the TIME FRAMES student, rather than with the advisor. It is the student’s respon- The University will seek to resolve every report of gender-based sibility to communicate with their advisor, including but not lim- misconduct within approximately sixty calendar days of an ini- ited to information related to scheduling and process updates. tial report, not counting any appeal. This time frame may be Advisors will be expected to sign an agreement to maintain the extended for Alternate Resolution, Mediation, Pre-determina- guidelines just discussed. If an advisor fails to abide by such tion Conference, and/or good cause as necessary to ensure guidelines, he/she may be prohibited from attending ongoing or the integrity and completeness of this process. The reasons future meetings. for extension of the time frame also include, but are not lim- ited, to: compliance with a request by law enforcement; ac- A Complainant or Respondent may choose to have an attor- commodation of the availability of witnesses; accounting for ney serve as his or her advisor. University students may retain exam periods, school breaks or vacations; and/or accounting counsel independently or the University will arrange for an at- for complexities of a specific case, including the number of wit- torney-advisor upon request. The designated attorney-advisor nesses and volume of information provided by the parties. The will be provided at no cost to the University student. Once an Office will notify the parties in writing of the extensions of the attorney-advisor is assigned by the University, the student may time frame.

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Generally, the timeline will be as follows (calculated in calendar vestigative process, including with timely notice of meetings in days). To the extent a deadline is calculated in calendar days which either or both the Complainant and the Respondent may and falls on a weekend or University holiday, the deadline will participate. be effective on the next business day: More specifically, the Complainant and Respondent will simul- • Investigation begins within 3 days after the initial report to taneously be given the following written notices: the Office • Initiation of an Investigation • Investigation is completed within 21 days after the investiga- o Notice of the allegations and an explanation of the inves- tion begins tigative process. This notice will include the names of the • Investigative Report is completed within 10 days after the in- case manager and investigators assigned to this matter, vestigation concludes as well as a scheduled date and time for each person’s ini- tial meeting related to the matter • Pre-Determination Conference is held within 10 days after the Investigative Report is complete • Conclusion of the Investigation

• Hearing (if any) is held within 10 days after the Investigative o Notice of an opportunity to review, in the Office, the In- Report is complete vestigative Report and any other information that will be used in the hearing process, sanctions determination, and • Determination of the hearing panel is issued within 3 days af- appeals, if any, consistent with federal law governing the ter the hearing privacy of student information • Notice of sanctions is issued within 3 days after the determi- o Notice of the alleged policy violations that will be adjudi- nation of the hearing panel cated • Appeals are due from either party within 7 days after the • Pre-Determination Conference sanctions are issued o Notice of an opportunity to meet with the investigative • Notice of a filed appeal, if applicable, is due within 3 days af- team to discuss the information obtained during the in- ter receipt by the Office vestigation and submit any additional information and/or • Review and response to an appeal is due within 5 days after clarification the notice of appeal is issued o Notice of whether the Respondent accepts responsibility • Decision by the appellate panel is due within 15 days after the for violating the Policy notice of filing of appeals • Hearing Panel Each of these stages is explained in greater detail below. o Notice of the date and time of any hearing and list of hear- ing panel members NOTICE o Notice of an opportunity to review, in the Office, the Inves- The Office will provide notification (“notice”) in writing to both tigative Report and the investigative team’s recommenda- the Complainant and Respondent at many points in the pro- tion of responsibility cess, depending on the stage of the process and needs of the student. Notification from the Office will be sent via Universi- • Finding ty e-mail and may include information, such as: a written ex- o Notice of the hearing panel’s finding of “responsible” or planation of the alleged policy violation(s), Complainants’ and “not responsible,” along with the rationale for the outcome Respondents’ rights and options, interim measures, available accommodations, initiation of an investigation, and the range • Sanctioning of possible sanctions. The Office will also ensure that the o Notice of the sanctions imposed and the reasons for the Complainant and Respondent are updated throughout the in- sanctions

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o Notice of the University’s appeals process • The Office may dismiss the complaint if it determines that the complaint does not allege facts that, if substantiated, would • Appeals Process constitute a violation of the Policy o Notice of whether an appeal has been filed and an oppor- • The Office may refer the complaint to another office for re- tunity to review and respond to the other party’s appeal view if it determines that the complaint is outside the scope o Notice of the Deans assigned to the appellate panel of this Policy

o Notice of the appellate panel’s determination, including • The Office will determine appropriate interim measures, fa- whether the responsibility determination or sanctions cilitate accommodations, and initiate an investigation if it de- have been modified and when the responsibility determi- termines that the complaint or report would, if substantiated, nation and sanctions, if any, become final constitute a violation of the Policy

CONFLICTS OF INTEREST InVEStIGAtIon

The University requires any individual participating in the in- The University will notify the Complainant and the Respondent, vestigation, hearing process, sanctioning or appeal determi- in writing, when a report has been filed and an investigation will nations to disclose to the Gender-Based Misconduct Office proceed. The notice will describe the allegations in the report any potential or actual conflict of interest. If a Complainant or and include a scheduled date and time to meet separately with Respondent believes that any individual involved in the process the Gender-Based Misconduct Office. The Complainant and has a conflict of interest, he or she may make a request to the the Respondent must respond, confirming receipt of the notice Office that the individual not participate. A Complainant or Re- and scheduled meeting time, within two days of receiving this spondent who believes that a member of a hearing or appellate notice. Requests to postpone meetings and interviews may panel has a conflict of interest must submit this written request be granted, provided that the request is based on a compel- to the Office within two days after notification of the panel’s ling reason. Where possible, Complainants and Respondents membership. Any request should include a description of the should request a postponement at least 24 hours before the conflict. If the Office determines that a conflict of interest ex- scheduled meeting or interview. ists, the University will take steps to address the conflict in or- During any meeting, interview and/or hearing, the Complainant der to ensure an impartial process. and Respondent may bring an advisor. If the Complainant, Re- investigation and adjudication Process spondent, or advisor is unable to be physically present for any stage of the investigative process, accommodations will be The Office is charged with investigating reports of violations made for their participation by other means. of the Gender-Based Misconduct Policy for Students. During The University’s process for responding to, investigating and the investigation, the Complainant and the Respondent have an adjudicating gender-based misconduct reports will ordinarily opportunity to make statements, present witnesses and pro- continue during any law enforcement proceeding. The Gen- vide other evidence. Because every case is different, the Of- der-Based Misconduct Office may need to temporarily delay fice tailors each investigation to the specific facts of the case an investigation while the police are gathering evidence, gen- while maintaining a meaningful opportunity to be heard for all erally no longer than ten days, except when law enforcement parties. specifically requests and justifies a longer delay. The Office will resume the investigation after learning that law enforcement INITIAL ASSESSMENT OF COMPLAINTS no longer requires a delay or has completed the evidence-gath- The Office initiates the investigative process when it receives a ering stage of their investigation. The Office will not wait for the complaint or report of a violation of this Policy and there is ad- conclusion of any related criminal proceeding. equate information to pursue an investigation. The Office will conduct an initial assessment and may take any of the following actions:

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Requests Not to Investigate The parties will meet separately with the investigative team. The Office will inform the Complainant before starting an in- At the initial meeting, the investigative team will discuss vestigation and the Complainant may request that an inves- with each party the nature of the allegations, the rights and tigation not be undertaken. The Office, in consultation with responsibilities of each party, the prohibition against retal- the appropriate Title IX Coordinator(s), will consider such a iation, and the adjudication process. The Complainant, the request in light of the University’s commitment to provide a Respondent, advisors, and all witnesses will be required to safe and non-discriminatory environment for all students and agree in writing not to engage in retaliation against any par- weigh the following factors: ticipant in the process and not to record or photograph any- thing related to this investigation and adjudication process. • Circumstances that suggest there is a risk of the Respon- dent committing additional acts of gender-based miscon- The investigative team will ask each party to provide a list of duct, such as: witnesses and/or any relevant documents or evidence. The investigative team has the discretion to determine the rele- o Whether there have been other gender-based miscon- vance of any proffered evidence and determine that certain duct complaints and/or escalation of previously known types of evidence should be included or excluded in the de- conduct by the same Respondent termination of responsibility. The Complainant and Respon- o Whether the Respondent has threatened further gen- dent must provide to the investigative team any relevant and der-based misconduct against the Complainant or oth- available evidence they wish to be included. ers The following protocols apply throughout the investigative o Circumstances that suggest there is an increased risk process: of similar future acts of gender-based misconduct o Statements. All parties and witnesses are obligated to be • Whether the alleged gender-based misconduct was com- honest and act in good faith. Any person who knowingly mitted by multiple perpetrators makes a false statement in connection with the investiga- tion may be subject to separate disciplinary action. • Whether there was use of a weapon or force in connection with the gender-based misconduct o Preserving Evidence. The investigative team will direct the Complainant, Respondent, witnesses, and other inter- • Whether the University possesses other means to obtain ested individuals to preserve any relevant evidence. Exam- relevant evidence, such as security cameras, witnesses ples include, but are not limited to, electronic messages and/or physical evidence (e.g., e-mails, text messages and Facebook and Instagram • If the Complainant is under 17 years old messages, writings and photographs).

If the Office determines not to investigate, it will notify the o Witnesses. The Complainant and the Respondent have the Complainant in writing, including that the determination was right to identify any individuals who may be witnesses to made at the Complainant’s request. At the Complainant’s the conduct alleged. The parties should be aware it is pos- written request, the Office will also notify the Respondent in sible for both the Respondent and the Complainant to list writing, including that the Complainant asked the University the same people as witnesses. Any attempt to threaten, not to investigate. intimidate or otherwise improperly influence the testimony of a witness may result in a disciplinary action. The investi- Investigation Procedures gative team will attempt to contact and interview any wit- The Office will designate a two-person team (“the inves- nesses identified by the parties and any other witness the tigative team”) to conduct an investigation into whether a investigative team deems to have relevant information. The violation of the Policy occurred. All investigators will have investigative team will not interview witnesses whose sole extensive training in investigating and evaluating conduct purpose is to provide character information. prohibited under the Policy. The investigative team will be impartial and unbiased.

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o Romantic or Sexual History in Sexual Assault Cases. The PRE-DETERMINATION CONFERENCE investigative team will not consider information concerning After the Complainant and the Respondent have had an oppor- the romantic or sexual history of either the Complainant or the tunity to review the investigative report and related materials, Respondent with other people. Either the Complainant or the each party will individually meet with the investigative team Respondent may provide information regarding their shared for a pre-determination conference. During the conference, romantic or sexual history. If either offers such information, the investigative team will ask each party if they would like to the other will be notified and have the right to respond. provide additional information or clarification. The investigative o Mental Health Treatment/Diagnosis. Each party has the team will also discuss with each party the possible resolutions right to request that evidence regarding his or her mental to the investigation, as applicable, which are discussed in de- health diagnosis and/or treatment be excluded from consid- tail following this section. Reports of sexual assault cannot be eration when responsibility is being determined. resolved through alternate resolution or mediation. o Prior Conduct Violations. Prior reports or determinations of If all parties are unable to agree on an alternate resolution or responsibility for gender-based misconduct will not be con- mediation or if the report includes allegations of sexual assault, sidered in determinations of responsibility (see below) and the investigative team will ask the Respondent to respond in will therefore not be addressed in an investigative report. Pri- writing to the alleged violation in one of the following ways: (1) or determinations of responsibility for allegations of the same Responsible; (2) Not Responsible; (3) No Contest; or (4) No Re- type of gender-based misconduct may be admissible in the sponse. sanctioning stage of the process. If the Respondent declines responsibility or chooses not to o Credibility Assessment. The investigative team will use the respond, the investigative team will finalize the investigative following factors when assessing the credibility of parties report, which will include any additional, relevant information and the witnesses: the consistency or inconsistency of their provided during the pre-determination conference, an assess- accounts of events over time; their demeanor during inter- ment of individual credibility and a recommended finding re- views; their motive to lie; any corroborating evidence; and garding responsibility. whether their statements included specific details that were If the Respondent accepts responsibility or responds No Con- reasonable and logical. test at this stage, the Respondent will enter into a disciplinary At the conclusion of the investigation, the investigative team action agreement and the matter will be referred to the Sanc- will provide to the Complainant and the Respondent, in writ- tioning Officer. The Office will provide both the Complainant ing, a description of the alleged Policy violations that will be and the Respondent an opportunity to make an impact state- reviewed by the hearing panel. The investigative team will pre- ment (a statement describing the way in which the matter has pare a report based on interview summaries, witness state- impacted either of the students) to be considered by the Sanc- ments and other documents. tioning Officer. The Sanctioning Officer will impose a sanction in consultation with the Office after a review of the impact In accordance with the Family Educational Rights and Priva- statement and investigative report. The Respondent will sign a cy Act (FERPA), the investigative team will redact names and disciplinary action agreement constituting a waiver of the right other identifying information of other students from the report to a hearing and any appeal, and an acceptance of the finding(s) and related materials, except to the extent that doing so would and sanction(s). interfere with the purpose of Title IX to eliminate sex-based discrimination. RESOLUTIONS The Office will supervise the review of the report by the Com- The Office provides a disciplinary process in an academic set- plainant, Respondent, and/or their respective advisors and en- ting. The University’s gender-based misconduct process offers sure that reasonable time is afforded for review. several options for resolution of reports, other than for sexual assault reports, which must be resolved through the investiga-

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tion/hearing process. The Office will serve as the final arbiter proceed. The University will not use mediation for cases involv- for the resolution of an investigation. The possible forms of res- ing allegations of sexual assault. olution include alternate resolution, mediation, and/or hearing. During mediation, a facilitator will guide a discussion between Alternate Resolution the Complainant and the Respondent, with the goal of identify- ing the harm caused by the offense and how the harm can be The Office may seek to resolve certain gender-based miscon- repaired. Together the Complainant, the Respondent, and the duct cases through an informal alternate-resolution process facilitator create an agreement that might include items such involving both the Complainant and the Respondent. (For ex- as apology letters, agreement to a no-contact directive and/or ample, the Complainant and the Respondent may agree with restriction of access, and education related to the offense. The the Office that education, training, and a no-contact directive content of the agreement is created on a case-by-case basis, are an appropriate and sufficient response in a particular case). and students are supported in creating their own agreements. At any time after a report has been filed and before a hearing has been scheduled, either party may request alternate resolu- ADjUDICATION PROCESS/HEARING PANEL tion to resolve the report. This disposition requires agreement of the Complainant and the Respondent, with the approval of If the matter is not resolved by alternate resolution, mediation, the Office. If the Office approves such a request, the investi- or the pre-determination conference, the Office will convene a gation and the time frames will be stayed, and the investigative hearing panel. The hearing panel determines whether the Re- team will take appropriate steps to assist in reaching a resolu- spondent is responsible or not responsible for a violation of the tion. If the parties cannot reach an alternate resolution within Policy. If the Respondent is determined to be responsible, the two weeks after one is proposed, the investigation will resume matter proceeds to the sanctions stage. in accordance with the Policy. If an agreement acceptable to The hearing panel will generally have three members drawn all parties is reached through alternate resolution, the matter from specially trained administrators within the University’s is considered closed and the terms will be implemented. The Student Conduct and Community Standards Office, exclud- University will not use alternate resolution for cases involving ing the investigative team. All panelists will receive relevant allegations of sexual assault. training at least once a year. In addition to training on how the Mediation adjudicatory process works, the training will include specific in- struction on how to approach students about sensitive issues A party may request mediation from the Office at any stage that may arise in the context of alleged gender-based miscon- of the process. The purpose of mediation is for Complainants duct. The Complainant and Respondent will be informed of the and Respondents to identify the harms that were caused by panel’s membership before the hearing process begins. a student’s actions and meet to determine the best method for repairing those harms. The Complainant and Respondent Preparing for the Hearing will be asked not to contact each other to discuss mediation. In preparation for the hearing, the Complainant and the Respon- Mediation will be used only with the consent of both the Com- dent should each schedule a file review, and in consultation plainant and Respondent, and either has the right to terminate with their advisor, if they have one, prepare a written state- the mediation process and resume the regular disciplinary pro- ment in response to the investigative report and questions and/ cess at any time. or concerns raised during the pre-determination conference. The mediation process will typically commence within ten days The written statement must be completed by the student and after consent to mediate is received from both the Complainant be no more than five (5) single-spaced typed pages, using size and the Respondent and will continue until concluded or ter- 12 Times New Roman font and 1-inch margins. The written minated by either the Complainant or the Respondent or the statement must be submitted to the Office no less than two Office. During mediation, the investigation and time frames days prior to the scheduled hearing. will be stayed. If the mediation results in a resolution, the disci- plinary process will be concluded and the matter will be closed. In addition, during the hearing, either party has the opportunity If a resolution cannot be reached, the disciplinary process will to submit questions to the hearing panel to be asked of the oth-

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er party and/or witnesses. Questions should be submitted that • Closing statement by the Respondent highlight arguments the party wants to make; they should not • Closing statement by the Complainant be used to have the other party and/or witnesses retell details of the alleged incident. Each party may also submit an impact In cases where either the Complainant or Respondent opts not statement at the time of the hearing, which will not be consid- to participate in the hearing, the hearing panel may still hear ered until the sanctioning stage, if applicable. from the other.

Hearing Procedures Additional hearing rules include:

The Office, whenever possible, will give the Complainant and • Testimony via Closed-Circuit Television. Only the person the Respondent at least five days advance notice of the hear- testifying (and that person’s advisor, if applicable) is in the ing. The hearing is a closed proceeding; no one other than the hearing room with the panelists and necessary administra- hearing panel members, the Respondent and the Complainant tor(s) during his or her testimony. The Complainant and Re- and their respective advisors, witnesses (when called), and spondent will each have the opportunity to view and listen to necessary University personnel may be present in the hearing the testimony from a separate, private room via closed-circuit room or rooms during the proceeding. If a party is unable to television. appear at the Office for the hearing, accommodations may be • questioning. Only the hearing panel may ask questions of made for the party’s appearance by other means. Requests to the Complainant, Respondent, and/or any witnesses. Both postpone the hearing may be granted at the discretion of the the Complainant and Respondent will have the opportunity Office based on a compelling reason. Where possible, parties to suggest questions of the other and of witnesses by sub- and witnesses should make a postponement request 24 hours mitting suggested questions to the hearing panel in writing. prior to the time of the hearing. The hearing panel may revise or not ask any or all submitted Both the Complainant and the Respondent are afforded the op- questions. portunity to participate in the hearing. They will be placed in • Information Regarding Romantic or Sexual History. The separate rooms for the duration of the hearing and may view hearing panel will not consider the romantic or sexual history the proceedings via closed circuit screens. When it is their turn of either the Complainant or Respondent in cases involving to appear before the hearing panel, the Complainant, the Re- allegations of gender-based misconduct, except for testi- spondent, and/or witnesses will appear individually before the mony offered by one or the other about the Complainant and panel. Their advisor can also be present in the room. Questions Respondent’s shared sexual history that the hearing panel may be posed through the hearing panel, to better clarify or un- deems relevant. If such information is offered by the Com- derstand the allegations. In general, hearings will proceed as plainant or Respondent, the other has the right to respond. follows: The existence of a prior consensual dating or sexual relation- • Complainant’s brief narrative statement ship between the Complainant and Respondent by itself does not support an inference of consent to alleged sexual or gen- • Respondent’s brief narrative statement der-based conduct. • Questions to the Complainant by the hearing panel • Prior Conduct Violations. In cases involving allegations of • Questions to the Respondent by the hearing panel sexual assault, nonconsensual sexual contact, domestic vi- olence, dating violence, stalking, sexual harassment, gen- • Questions to the witnesses by the hearing panel der-based harassment and sexual exploitation, prior findings • Recall by the hearing panel of any party or witness, for addi- of responsibility for allegations of the same will not be consid- tional questions or clarifications ered by the hearing panel.

• Questions to the investigative team by the hearing panel if • Cell Phones and Recording Devices. Cell phones and record- necessary ing devices may not be used in the hearing room(s) unless ap- proved by the panel in advance.

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Determining Responsibility touching over clothing, unauthorized recording, etc.); (2) the circumstances accompanying the lack of consent (such as Following the investigation and conclusion of the hearing, the force, threat, coercion, intentional incapacitation, etc.); (3) the hearing panel will render a determination on whether the stu- Respondent’s state of mind (intentional, knowing, bias-motivat- dent is responsible for the violation(s). ed, reckless, negligent, etc.); (4) the impact of the offense on The hearing panel will use “preponderance of the evidence” as the Complainant; (5) the Respondent’s prior disciplinary histo- the standard of proof to determine whether a violation of the ry; and (6) the safety of the University community. Policy occurred. Preponderance of the evidence means that a In addition, prior to the conclusion of the hearing and imposi- hearing panel must be convinced based on the evidence that tion of a sanction, both the Complainant and the Respondent the Respondent was more likely than not to have engaged in may provide a written impact statement discussing how the the conduct at issue. misconduct contained in the investigative report has impacted The hearing panel will find a student responsible or not respon- them. The written statement must be completed by the student sible, based on a majority vote, after a review of all the state- and be no more than three single-spaced typed pages, using ments and evidence summarized in the investigative report, size 12 Times New Roman font and 1-inch margins. The state- the written statements submitted by the Complainant and the ment will only be considered by a Sanctioning Officer if the Respondent, and the statements, testimony, and evidence at hearing panel renders a finding of responsibility. the hearing. The hearing panel will generally render a decision The Sanctioning Officer from the Respondent’s school, in con- within three calendar days after the conclusion of a hearing and sultation with the Student Conduct and Community Standards will include an explanation of the basis for the decision. Office, will render a sanctioning decision within three (3) calen- If the hearing panel finds the Respondent responsible, the mat- dar days following the receipt of the hearing panel’s determina- ter will proceed to the sanctions stage. The Office will transmit tion. The sanctioning decision will be communicated in writing the hearing panel’s determination to the Sanctioning Officer to the Complainant and the Respondent, with a rationale for the (described below) of the Respondent’s school, and to the Re- sanction. spondent and the Complainant. List of Sanctions

The University may impose one or more of the following sanc- sanctions and other remedies tions on a student determined to have violated the Policy: • Reprimand/warning How Sanctions Are Determined • Changing the Respondent’s academic schedule In determining a sanction, the Sanctioning Officer of the Re- spondent’s school, after consultation with the Student Con- • Disciplinary probation duct and Community Standards Office, will impose sanctions • Revocation of honors or awards that are: • Restricting access to University facilities or activities (includ- • Fair and appropriate, given the facts of the particular case ing student activities and campus organizations) • Consistent with the University’s handling of similar cases • Removal from leadership/supervisory positions within the • Adequate to protect the safety of the campus community University community

• Reflective of the seriousness of gender-based misconduct • Issuing a “no contact” order to the Respondent or requiring that such an order remain in place When a student is found responsible for a policy violation, rel- evant factors will be considered when imposing a sanction, • Moving the Respondent’s residence including, if applicable: (1) the specific gender-based miscon- • Dismissal or restriction from University employment duct at issue (such as penetration, touching under clothing,

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• Removal from student housing • Providing access to tutoring or other academic support, such as extra time to complete or re-take a class • Suspension Additional Responses • Expulsion The University may also determine that additional measures • Revocation of degree are appropriate to respond to the effects of an incident on the In addition to any other sanction (except where the sanction is University community. Additional responses for the benefit of expulsion or revocation of a degree), the University will require the University community may include: any student determined to be responsible for a violation of the • Increased monitoring, supervision, or security at locations or Policy to receive appropriate education and/or training related activities where the misconduct occurred to the gender-based misconduct at issue. The University may also recommend counseling or other support services for the • Additional training and educational materials for students and student. employees

When a student is found responsible, and the sanction includes • Revision of the University’s policies on gender-based miscon- suspension or expulsion, the student may be removed from a duct campus residence and either severely restricted in their move- • Climate surveys regarding gender-based misconduct ments on campus or barred completely during the entirety of the appeal-filing period and appeal process. If a Respondent is eligible for return to campus while a Complainant remains on campus, the Complainant will, at the earliest possible date, be appeal Process notified in writing of the Respondent’s intention to return. Either the Respondent or the Complainant or both may appeal In addition, pending an investigation, a determination and/or the determination of the hearing panel and/or the sanctions. appeal, an administrative hold may be placed on the Respon- Appeals are decided by an appellate panel consisting of three dent’s University transcript, diploma, registration, and/or stu- Deans of schools: the Dean of the Respondent’s school, the dent account until this process is resolved. Upon conclusion Dean of the Complainant’s school, and a Dean from another of the appeal process, a permanent transcript notation will be school. Should the Complainant and the Respondent attend indicated on the record for cases resulting in suspension or ex- the same school, two Deans will be added from other schools pulsion. as follows: (1) if the parties are undergraduates, Deans from undergraduate schools will comprise the majority or entire pan- ONGOING ACCOMMODATIONS FOR COMPLAINANT el; (2) if the parties are graduate students, Deans from gradu- Whatever the outcome of the Gender-Based Misconduct Pro- ate schools will comprise the majority or entire panel. Should cess, a Complainant may request ongoing or additional accom- one party be an undergraduate student and another party a modations, and the Office, in consultation with the designated graduate student, the appellate panel will consist of the Dean student affairs officer of the Complainant’s school, will deter- of the Respondent’s school, the Dean of the Complainant’s mine whether such measures are appropriate. Potential accom- school, and a Dean of a school from the academic level of the modations include: Respondent. All Deans will receive relevant training at least once a year on how the adjudicatory and appeal process works • Providing an escort for the Complainant and the sensitive issues in reviewing gender-based misconduct • Moving the Complainant’s residence cases. The three grounds for appeal are:

• Changing the Complainant’s academic schedule 1. A procedural error affecting the determination or sanction

• Adjusting the Complainant’s work schedule 2. New information that was not available at the time of the investigation or hearing and that may change the determi- • Allowing the Complainant to withdraw from or retake a class nation or sanction without penalty 3. Excessiveness or insufficiency of the sanction 21 76 Change Header Information

Disagreement with the finding or sanctions is not, by itself, a be subpoenaed by law enforcement authorities as part of a ground for appeals. Moreover, the purpose of an appeal is not parallel or subsequent investigation into the same conduct, or to initiate a review of substantive issues of fact. required to be produced through other compulsory legal pro- cesses. Both the Complainant and/or the Respondent may appeal the determination and/or sanction within seven days after receipt Additional information about FERPA can be found in Es- of the finding and sanctioning notice, by filing the appeal in sential Policies for the Columbia Community at http://www. writing to the Gender-Based Misconduct Office. Attached to essential-policies.columbia.edu/policy-access-student- their appeal, the student may provide a written submission for records-ferpa,http://barnard.edu/Policy/FERPA and www. the appellate panel to review, no longer than, including attach- tc.edu/policylibrary/FERPA. ments, five (5) single-spaced typed pages, using size 12 Times New Roman font and 1-inch margins. AMENDMENTS

If either the Complainant or the Respondent submits an ap- The University may amend the Policy or the Procedures from peal, the Office will notify the other party within three days time to time. Nothing in the Policy or Procedures shall affect after receipt. The Office will provide the other party an oppor- the inherent authority of the University to take such actions as tunity to review the submission and submit a written response. it deems appropriate to further the educational mission or to This response must be written by the student, no more than protect the safety and security of the University community. five (5) single-spaced typed pages, using size 12 Times New

Roman font and 1-inch margins, and submitted within five days after a notice of appeal is issued. If both the Complainant and the Respondent appeal, the appeals will be considered concur- rently. In making a determination, the appellate panel will have access and the ability to review the complete file.

If the appellate panel concludes that a change in the hearing panel’s determination is warranted, the appellate panel may enter a revised determination, reconvene the hearing panel to reconsider the determination, or return the matter for ad- ditional investigation. The appellate panel can also change the sanction.

The appellate panel will notify the Complainant and the Re- spondent of the final decision in writing. Appeal decisions will be rendered within fifteen days after the receipt of the written appeal. All appeal decisions are final.

RECORDS DISCLOSURE

Disciplinary proceedings conducted by the University are sub- ject to the Family Educational Records and Privacy Act (FER- PA), a federal law governing the privacy of student information. FERPA generally limits disclosure of student information out- side the University without the student’s consent, but it does provide for release of student disciplinary information without a student’s consent in certain circumstances.

Any information gathered in the course of an investigation may

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nys students’ Bill of riGhts

New York State law requires that all institutions of higher ed- 7. Describe the incident to as few University representatives ucation in New York publish the following Bill of Rights for all as practicable and not be required to unnecessarily repeat a students attending higher education institutions in the State. description of the incident

All students have the right to: 8. Be protected from retaliation by the University, any student, the accused and/or the Respondent, and/or their friends, 1. Make a report to local law enforcement and/or state police family, and acquaintances within the jurisdiction of the Uni- 2. Have disclosures of domestic violence, dating violence, ha- versity rassment, stalking, sexual exploitation, sexual assault, and 9. Access to at least one level of appeal of a determination retaliation treated seriously 10. Be accompanied by an advisor of choice who may assist 3. Make a decision about whether or not to disclose a crime or and advise a Complainant, accused, or Respondent through violation and participate in the University gender-based mis- the judicial or conduct process included during all meetings conduct process and/or criminal justice process free from and hearings related to such process pressure by the University 11. Exercise civil rights and practice of religion without inter- 4. Participate in a process that is fair, impartial, and provides ference by the investigative, criminal justice or judicial or adequate notice and a meaningful opportunity to be heard conduct process of the University 5. Be treated with dignity and to receive from the University courteous, fair, and respectful health care and counseling services, where available

6. Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or vi- olations

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student conduct and coMMunity standards resource guide for students involved in gender-based misconduct

on-caMPus resources The University Health Services Student Fee covers the on-campus resources that are available to students enrolled in their school’s health service program. Services are available during normal business hours, 9:00 a.m.– 5:00 p.m., unless otherwise noted.

CONFIDENTIAL ADDITIONAL RESOURCES (NON-CONFIDENTIAL) university advocacy and crisis counseling Gender-Based Misconduct within the student sexual Violence response & rape conduct and community standards office crisis/anti-Violence support center (“the office”) 212-854-HELP (4357) | 24-hour (365 days/year) Jeri Henry, Associate Vice President Morningside Campus [email protected] | 212- 854-1389 2920 Broadway, Suite 700, Alfred Lerner Hall Case Management and Community Engagement Columbia University Medical Center (CUMC) [email protected] | 212-854-1717 60 Haven Ave., Bard Hall, Suite 206 university title iX coordinators Barnard College 3009 Broadway, Hewitt Hall, Suite 105 Columbia University Melissa Rooker, Associate Provost ombuds office Office of Equal Opportunity and Affirmative Action Columbia University [email protected] | 103 Low Library 660 Schermerhorn Ext. | 212-854-1234 212-854-5918 154 Haven Ave., Room 412 | 212 -304-7026 Barnard College Teachers College Amy Zavadil, Associate Dean for Equity www.tc.edu/ombuds_office [email protected] | 105 Milbank Hall 212-678-4016 or 212-678-4169 212-854-0037

Medical services Teachers College Janice Robinson, Vice President, Diversity and Columbia–Morningside* Community Affairs John Jay|212-854-9797 | 9 am–4:30 pm [email protected] | 128 Zankel | 212-678-3391 Columbia-Medical Center 60 Haven Ave., Suite B234 | 212-305-3400 | 24 hours university Public safety Barnard Columbia-Morningside 212-854-5555 | 24-hour Lower Level Brooks Hall | 877-941-1695 | 9 am–4 pm CUMC 212-305-7979 | 24-hour

The medical treatment resources listed above can provide Barnard College 212-854-3362 | 24-hour treatment for injuries and for potential exposure to sex- Teachers College 212-678-3333 | 24-hour ually transmitted diseases. They also provide emergency contraception and other health services. They can assist in international students and scholars office preserving evidence or documenting any injuries, including (isso) by helping find a Sexual Assault Nurse Examiner, who is 524 Riverside Drive, 1st Floor | 212-854-3362 specially trained to collect evidence. Taking these steps http://www.columbia.edu/cu/isso/isso.html promptly after an incident can be very helpful in later crimi- nal proceedings and/or in seeking a protective order.

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student conduct and coMMunity standards resource guide for students involved in gender-based misconduct

on-caMPus resources The University Health Services Student Fee covers the on-campus resources that are available to students enrolled in their school’s health service program. Services are available during normal business hours, 9:00 a.m.– 5:00 p.m., unless otherwise noted.

CONFIDENTIAL ADDITIONAL RESOURCES (NON-CONFIDENTIAL) university Mental health and Pastoral counseling requesting accommodations for a disability

Counseling and Psychological Services Students seeking accommodations for a disability in connection with the process of reporting or responding to Columbia-Morningside* an incident of gender-based misconduct may contact the Alfred Lerner Hall, Suite 800 | 212-854-2878 Office or the office responsible for disability services at Columbia-Medical Center their institution, as listed below. 60 Haven Ave., Bard Hall | 212-305-3400 by appoint- ment only Columbia Office of Disability Services Barnard Alfred Lerner Hall | 212- 854-2388 Furman Counseling Center | 212-854-2092 http://www.health.columbia.edu/ods After hours 877-941-1695 Barnard Office of Disability Services Milbank Hall | 212-854-4634 Office of the University Chaplain (Ordained Clergy) http://www.barnard.edu/ods Earl Hall | 212-854-6242 Teachers College Office of Access and Services for Individuals with Disabilities 163 Thorndike Hall | 212-678-3689 *Includes Teachers College http://www.tc.columbia.edu/oasid

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student conduct and coMMunity standards resource guide for students involved in gender-based misconduct

off-caMPus resources** Unless otherwise noted, all facilities listed below are available 24 hours a day. ◆ indicates facilities that are not available 24 hours a day. **Fees may apply.

off-campus advocacy, counseling and off-campus law enforcement health services new york city Police department (nyPd) Safe Horizon 212-523-4728 Emergency 911 26th Precinct 212-678-1311 Mt. Sinai St. luke’s Hospital Crime Victims treatment Domestic Violence & Child Abuse Hotline Center◆ 212-335-4308 212-523-4728 by appointment only Sex Crimes Hotline 212-335-9373 NewYork-Presbyterian/CUMC Emergency Room Special Victims bureau at the Manhattan Family Justice 212-305-6204 Center 212-335-4300

nyC Domestic Violence Hotline 800-621-HOPE (4673) additional Government resources

Gay and lesbian Anti-Violence Project The government resources listed here may provide addi- 212-714-1141 tional assistance for students wishing to file an external complaint of gender-based misconduct or students with inquiries regarding the application of Title IX and its imple- neighboring hospitals with safe centers: menting regulations: Mt. Sinai St. Luke’s Hospital (CHP Group) 1111 Amsterdam Ave at West 113th St NYC Family justice Center - Manhattan◆ http://www.nyc.gov/html/ocdv/html/help/fjc.shtml Roosevelt Hospital (CHP Group) 212-602-2800 | 80 Centre St New York, NY 10013 1000 10th Ave at West 58th St new york State office of Victims Services◆ Beth Israel-Petrie Campus (CHP Group) 1-800-247-8035 | https://ovs.ny.gov/ First Ave at E 16th St together Against Sexual Violence◆ Bellevue Hospital (HHC Group) http://www.notalone.gov 462 First Ave at E 27th St U.S. Department of Education, Office for Civil Rights◆ Harlem Hospital (HHC Group), http://www.ed.gov/ocr 506 Malcolm X Blvd at W 135th St New York – Region II 32 Old Slip, 26th Floor New York, NY 10005 646-428- Metropolitan Hospital Center (HHC Group) 3800 [email protected] 1901 1st Ave at 96th St

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student conduct and coMMunity standards resource guide for students involved in gender-based misconduct

off-caMPus resources** Unless otherwise noted, all facilities listed below are available 24 hours a day. • indicates facilities that are not available 24 hours a day. **Fees may apply. neighboring hospitals with safe centers additional Government resources

Mount Sinai Medical Center (Mount Sinai), u.S. Department of Justice, office on Violence 1 Gustave L Levy Pl (Fifth Ave) at E 98th St Against Women◆ http://www.ovw.usdoj.gov NewYork-Presbyterian - Columbia (NYP) 145 N St, NE, Suite 10W.121 Washington, D.C. 20530 622 W 168th St 202-307-6026

NewYork-Presbyterian - The Allen Pavilion (NYP), 5141 Broadway at W 221th St

NewYork-Presbyterian - Weill Cornell (NYP), 525 East 68th St at York Ave

Mt. Sinai St. Luke’s Hospital’s Emergency Room at 1111 Amsterdam Avenue (113th Street between Amsterdam and Morningside) and NewYork-Presbyterian Hospital/ CUMC Emergency Room at 630 West 168th Street (168th and Broadway) can provide treatment for injuries and for potential exposure to sexually transmitted infections, emergency contraception, and other health services. They can assist in preserving evidence or documenting any injuries and have personnel who are specially trained to collect evidence.

See the chart on the following page for an explanation of these resources’ reporting obligations. Up-to-date contact information can be found on the University’s Sexual Respect website at http://www.SexualRespect.columbia.edu.

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confidentiality Protections & reP ortinG oBliGations As a reminder, confidential resources will not share information with anyone. Non-confidential resources are also required to respect and protect students’ privacy to the greatest extent possible and will only disclose identifying information on a need to know basis.

Personnel status rePortinG oBliGations

University Chaplains Confidential None, unless acting in a role described below. (Ordained Clergy)

Counseling and Confidential If a patient’s clinical state poses a substantial risk of harm to the patient Psychological Services or others, as manifested by conduct, this resource must report to County Mental Health officials. (NY Mental Hygiene Law)

If there is reasonable cause to suspect that a minor has been sexually abused, this resource will report to the requisite state officials. (NY So- cial Services Law)

Sexual Violence Re- Confidential This resource will report incidents on an aggregate periodic basis with- sponse & Rape Crisis/ out any identifying information to the Office to enable the University to Anti-Violence Support understand the existence and extent of the problem. (Title IX) Center If there is reasonable cause to suspect that a minor has been sexually abused, this resource will notify University leadership. (NY Social Ser- University Ombuds vices Law) Office

Physicians and Other Confidential This resource will report incidents on an aggregate periodic basis with- Health Professionals out any identifying information to the Office to enable the University to understand the existence and extent of the problem. (Title IX)

If a patient’s clinical state poses a substantial risk of harm to the patient or others, as manifested by conduct, these resources will report to New York County Mental Health officials. (NY Mental Hygiene Law)

If there is reasonable cause to suspect that a minor has been sexually abused, this resource will notify the requisite state officials. (NY Social Services Law)

Gender-Based Not Unless a complainant requests otherwise and the request is granted, this Misconduct Office Confidential resource will investigate and respond to reported gender-based miscon- (within Student duct incidents. (Title IX) Conduct and Community Standards– If the incident may be a crime, this resource will report it without any “the Office”) identifying information to Campus Public Safety for inclusion in the daily crime log and annual statistical report and for issuance of any required timely warning. (Clery Act)

Title IX Coordinators This resource will share information with University personnel who need to know it in order to carry out University policies and procedures.

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confidentiality Protections & reP ortinG oBliGations As a reminder, confidential resources will not share information with anyone. Non-confidential resources are also required to respect and protect students’ privacy to the greatest extent possible and will only disclose identifying information on a need to know basis.

Personnel status rePortinG oBliGations

Public Safety Personnel Not Public Safety will report to the Office all information received about Confidential gender-based misconduct incidents so the University can investigate and respond. (Title IX)

If the incident may be a crime, Public Safety will include it in a crime log and annual crime statistics without identifying the alleged victim. (Clery Act)

If the incident may be a crime and poses a serious or continuing threat, Public Safety will issue an emergency notification or timely warning. (Clery Act)

If there is reasonable cause to suspect that a minor has been sexually abused, Public Safety will notify University leadership. (NY Social Ser- vices Law)

Public Safety will share information with University personnel who need to know it in order to carry out University policies and procedures

Other University Not Will report to the Office all information received about gender-based mis- Personnel Confidential conduct incidents so the University can investigate and respond. (Title IX)

If the incident may be a crime, a “campus security authority” will report it without any identifying information to Campus Public Safety for inclusion in the daily crime log and annual statistical report and for issuance of any required timely warning. (Clery Act)

If there is reasonable cause to suspect that a minor has been sexually abused, other University personnel will notify University leadership. (NY Social Services Law)

Other University personnel will share information with University per- sonnel who need to know it in order to carry out University policies and procedures.

29 COLUMBIA UNIVERSITY MORNINGSIDE CAMPUS

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West 115 Street

Lerner Hall Wa N llach

Bookstore Butler Library

Carman John Jay

West 114 Street

1 Jerome Greene Hall 4 William C. Warren Hall 2 William and June Warren Hall (Little Warren) (Big Warren) 5 Jerome Greene Annex 3 The Greenhouse 6 Wien Courtyard

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