Article I: Code of Conduct

All students and organizations are expected to abide by the following rules and regulations while on or off campus. Students and organizations found to have committed, facilitated, or attempted to commit any of the following infractions are subject to the disciplinary sanctions outlined in Article II, sections 4 & 5. Visitors are expected to abide by the following rules and regulations while on campus, which are based on the SUNY Trustees’ Rules for the Maintenance of Public Order (see Appendix 8).

1. Access

Unauthorized possession, duplication or the use of keys to any college premises, including, but not limited to, unauthorized entry to student rooms or unauthorized sharing of any college key or SUNY Identification Card by students or their guests that compromises the security of personal or college property. All students found in possession of such items who intentionally impede recovery of same by the owner or college officials will be considered knowingly participating in the use of these unauthorized items.

2. Aiding & Abetting

Students who knowingly assist in the violation of college policy or any violation of federal, state or local law will be considered aiding and abetting.

3. Alcohol

A. The possession, consumption, sale or transfer of alcoholic beverages (regardless of age) on college or College Association property is not permitted. Exceptions to this policy apply only to academic programs and approved campus functions. The college also holds students accountable for violations of law related to alcoholic beverages on or off campus, and disruptive behavior resulting from use of alcohol.

B. Students and/or visitors should be aware that their presence in an area where others are in violation of this alcohol policy will result in disciplinary action, regardless of their actual involvement in the consumption of alcohol.

C. Possession of or the display of empty or refilled alcohol containers, and the display of alcohol posters, signs or advertising outside doors and windows is not permitted.

D. Possession or use of alcohol paraphernalia is not permitted.

Please see Appendices 5 & 6 for a list of legal sanctions for the unlawful possession or distribution of alcohol, as well as health risks associated with alcohol.

4. Assault

No person shall intentionally or recklessly cause, or attempt to cause, physical injury or impairment or bodily harm to any member of the college community, or any person who is on campus.

5. Bias-Related Harassment

SUNY Delhi does not tolerate harassment based on an individual’s race, color, age, religion, national origin, disability, sexual orientation, gender identity or other protected characteristics. The college treats bias-related incidents very seriously and any student found responsible for a bias-related incident can expect severe disciplinary action (see Appendix 7). Any bias actions, verbal or physical, that a reasonable person would find intimidating, hostile or offensive, or actions that may lead to personal injury, are prohibited.

6. Campus Safety

The following is prohibited:

A. The reckless, disruptive or unsafe use of recreational equipment, including, but not limited to, snowboards, bicycles, roller blades, skateboards, etc.  Reckless, disruptive or unsafe use is defined as riding at excessive speed and/or performing or practicing stunts; causing noise which disrupts people; riding with undue regard for the safety of others; or riding in a manner that causes damage to SUNY Delhi property and landscaping. It is prohibited to ride recreational equipment up and down steps, stairways, access ramps, retaining walls, benches, railings or similar architectural features, or inside any college building.

B. Occupying rooftops, open windowsills or building ledges, or suspending antenna or other items from building.

C. Driving vehicles in unauthorized areas such as sidewalks and athletic fields.

D. Being barefoot in college cafeterias or academic buildings.

7. College Policy Violations

Any violation of college policies including, but not limited to:

A. Greek Council policies and procedures including, but not limited to, new membership (pledging), hazing, and the use of college facilities.

B. Any Center for Student Leadership & Engagement policies, including, but not limited to, use of facilities by unrecognized organizations or failure to comply with Farrell staff (building managers, etc.).

C. Any other college or College Association published procedure or policy (see Article III for more college policies).

D. Any solicitation, canvassing or advertising on college property without the authorization of the Vice President for Student Life.

8. Crime: Violation of Law and College Policies

All students are subject to the New York State Penal Law, as well as all other federal, state or local laws and directives. Any violation of law, including a charge of violation of the Penal Law, whether occurring on or off campus, may be processed as a violation of the Student Code of Conduct. College disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of this Student Code, for example, if both violations result from the same factual situation, without regard to any off-campus civil or criminal proceedings. Proceedings under this Student Code may be carried out prior to, simultaneously with or following civil or criminal proceedings. Proceedings under this Student Code of Conduct are not subject to challenge simply because civil or criminal proceedings involving the same incident have been dismissed.

9. Demonstrations/Disruptions

Disruption to or obstruction of the academic, residential or campus environment, research, administration, disciplinary proceedings or other college activities on or off campus is prohibited. This behavior includes, but is not limited to, excessive noise, abusive or obscene language in a public place and boisterous or threatening conduct which is unreasonable in the area, time, or manner in which it occurs.

10. Acts of Dishonesty

Including, but not limited to, the following:            

A. Cheating, plagiarism, or other forms of academic dishonesty. Students found in violation of this policy will be subject to the Academic Integrity Policy (see Article III, Section I).

B. Furnishing false information on any official college document or to any college official or employee.

C. Forgery, alteration or misuse of any college document, record or instrument of identification.

D. Tampering with the election of any college-recognized student organization.

E. Any attempt to manipulate the college judicial system, including the intentional falsification or misrepresentation of individuals or information before a judicial body or college official, or any intentional attempt to coerce or manipulate witnesses or staff members.

11. Disorderly Conduct

No person shall engage in any disorderly and/or disruptive conduct that interferes with the normal operations of the college, infringes upon the rights of others, and/or breaches the peace or safety of the college community. This is including but not limited to indecent or inappropriate verbal/non-verbal behavior that destabilizes a particular campus setting, be it academic and/or social (e.g., obscene language, an offensive gesture).

12. Drugs

The following are prohibited:

A. The possession, use and/or sale or transfer of illegal drugs or controlled substances are prohibited on or off college property. This prohibition applies to the misuse, distribution, sale or transfer of legally obtained prescription drugs. The College upholds all applicable New York State and Federal Law.

B. Students found to be engaged in the sale of drugs or in possession of misdemeanor or felony amounts of drugs (including cannabis) will face severe disciplinary sanctions, which would likely include suspension or expulsion from the institution.

C. Students should be aware that their presence in an area where others are in violation of the drug policy will result in disciplinary action, regardless of their actual involvement in the use of drugs.

D. Possession or use of drug paraphernalia is not permitted.

Please see Appendices 3 & 4 for a list of legal sanctions and health risks under Federal, State, and Local laws for the unlawful possession or distribution of illicit drugs.

13. Failure to Comply

Disrespect for or failure to comply with reasonable and lawful requests or directives of college officials or law enforcement officers acting in performance of their duties and/or interference with faculty, staff, or student staff acting in the performance of their official duties will result in disciplinary action. This includes, but is not limited to, Night Hosts, Resident Assistants, and Custodial Staff (e.g., failure to provide identification, failure to abide by disciplinary sanctions, etc.). This may also include failure to obey a notice from the Director of Student Rights & Responsibilities or a college official to appear for a meeting or hearing as part of the campus disciplinary system.

14. Fire Safety

It is considered a violation of college policy to engage in, or be aware of and fail to remedy or report, any of the following activities:

A. Unauthorized setting of fires on college or College Association property.

B. Possession and/or use of candles, incense, incense burners, oil burners, oil lamps, hookahs, or any similar items.

C. Tampering with any fire safety equipment, including, but not limited to, fire extinguishers, heat and smoke detectors, pull stations, pre-alarm covers, electrical conduit and wiring.

D. Activation of an alarm as a result of use of an unapproved appliance or inappropriate behavior.

E. Failure to leave the building in a timely fashion as the result of a fire alarm.

F. Students who are found to have falsely activated a fire alarm (including a local alarm station), or falsely called in a bomb threat, can expect serious disciplinary action, including suspension or expulsion from the institution.

15. Harassment

Harassment, threats, verbal and/or physical abuse are prohibited. Behaviors that will constitute a violation of this policy include, but are not limited to:

• Attempting or threatening to subject another person to unwanted verbal or physical contact.
• Stalking any person by physical, electronic, written, or telephonic means.
• Persistent, pervasive, or severe bullying behaviors, such as theft or destruction of personal property, public humiliation, intimidation, and/or threats of violence.

16. Hazing

Hazing is a serious violation of College policy and New York State law. SUNY Delhi policy specifically prohibits students from engaging collectively or individually in any non-accidental, costly aspect(s) of group induction activities for recognized or unrecognized organizations, or athletic teams that: a) do not appear to be group-relevant assessments/preparations, and/or b) are excessive, dangerous, or degrading in their application or constitute violations of local, state or federal law or any other SUNY Delhi policy regardless of the consent of the participants. Group induction activities are those tasks formally or informally required to obtain or maintain membership and/or participatory legitimacy for new, prospective or current members and/or to attain progressive membership status and/or leadership positions within the organization.

This includes, but is not limited to:

A. Forced or required participation in physical activities such as calisthenics, exercises or games;

B. Any form of tattooing or branding;

C. Forced, coerced or required consumption of alcohol or other drugs;

D. Any form of physical brutality, including paddling, striking with fists, open hands or objects;

E. Participation in illegal activities;

F. Intentional or reckless engagement in conduct which creates a substantial risk of physical injury to another person;

G. Forced, coerced or required consumption of any food or other substance;

H. Creation of excessive fatigue or sleep deprivation;

I. Any act that causes psychological harm, embarrassment, ridicule or emotional distress to any individual; 

J. Forced or required inappropriate dress, or full or partial nudity in any situation for any reason;

K. Any violation of NYS Hazing Law or Greek Council Hazing regulations.

SUNY Delhi will take disciplinary action against any individual, group or organization found to be in violation of this policy.

17. Housing Policy Guide

Students living on campus or visiting a residence hall are required to comply with all policies and procedures as outlined in the Housing Policy Guide.

18. Identification

Students are required to carry their SUNY Delhi Identification Card at all times. Failure to produce proper identification upon request by faculty, professional staff, or student staff in the performance of their official duties is prohibited.

19. Personal Misconduct NOT on College Property

The college may discipline a student for acts of personal misconduct that are not committed on college property, if the misconduct undermines the security of the college community or the integrity of the educational process, or where there exists a nexus with campus interests. Such acts include, but are not limited to:

A. Noise Violations;

B. Alcohol and Drug Violations;

C. Driving While Intoxicated or Ability Impaired;

D. Assault and/or Battery, including group violence;

E. Disorderly Conduct;

F. Verbal or Physical Harassment of a student, as defined in Code 15 of this document;

G. Sexual Violence or Sexual Harassment, Dating Violence, Domestic Violence, and Stalking, as defined in Codes 24 & 25 of this document;

H. Hazing, as defined in Code 16 of this document;

I. Theft or Shoplifting.

20. Prohibited Items on Campus

Individuals are not permitted to use nor have in their possession the following items:

A. Any weapon, including, but not limited to, spring-fired, gas-fired, electrically-fired or explosively-fired devices or firearms, which includes rifles, pistols, BB or pellet guns, bows, slingshots, “stun-guns,” blow guns and/or darts, or use of any object with intent to harm or intimidate another individual including knives and/or any similar devices.

B. Any ammunition associated with the devices listed in Section A (e.g., paintballs, BBs, blow darts, etc.).

C. Firecrackers, explosives, explosive ammunition, or dangerous chemicals.

D. Knives of any sort (including “box cutters”) with the exception of approved knives or tools used for academic purposes. Any tools or knives approved for academic purposes that are stored in residence hall rooms or carried on campus must be kept secure in locked tool boxes, trunks or appropriate storage units.

E. Toy guns, water guns, cap guns or any type of imitation pistol or rifle.

F. Hoverboards.

21. Reckless Endangerment

No person shall recklessly engage in conduct that creates a substantial risk of serious injury (physical/mental) to another person (e.g., Driving While Intoxicated or Ability Impaired).

22. Recording

Any unauthorized use of electronic or other devices to make a recording or to take photos of any person while on or off college premises without their prior knowledge, or without their effective consent when such recording or photograph is likely to cause injury or distress is prohibited. This includes, but is not limited to, taking pictures of another person in a gym, locker room, restroom or residence hall. Additionally, the unauthorized distribution of a recording or photograph(s) that was taken without consent and may cause injury or distress is prohibited. It is against NYS law to distribute a still or video image of another identifiable person, with intent to cause harm, which depicts unclothed or exposed intimate parts or the person engaging in sexual conduct and was taken with intent to remain private.

23. Retaliation

No person may harass or intimidate another person because of their participation in an investigation conducted by the college. Harassment or intimidation includes but is not limited to threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, taunting, bullying or ostracism. The act of retaliation and/or assisted retaliation against any individual, including, but not limited to, students, college officials, faculty, residence hall staff, University Police, Title IX complainants or witnesses is strictly prohibited.

24. Sexual & Interpersonal Violence

All members of the community and visitors have the right to be free from sexual and interpersonal violence, and should conduct themselves in a manner that does not infringe upon the rights of others. SUNY Delhi is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual violence, relationship violence (domestic/dating) and stalking. Any act of violence and/or stalking will not be tolerated.

The term “sexual violence” refers to physical sexual acts perpetrated against an individual without their affirmative consent, or where an individual is incapable of giving consent, including, but not limited to, rape, sexual battery, and sexual coercion.

The term “sex discrimination” includes all forms of sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, college employees, and third parties are prohibited from harassing other students and/or employees, whether or not the incidents of harassment occur on the college campus and whether or not the incidents occur during working hours.

1. Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.
2. Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. The definition does not include acts covered under domestic violence.
3. Stalking: The term stalking means intentionally engaging in a course of conduct directed at a specific person which is likely to cause a reasonable person to fear for their safety or the safety of others, or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including physical, electronic, written or telephonic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.
4.  Sexual Misconduct offenses will include, but are not limited to:

Non-Consensual Sexual Intercourse (or attempts to commit same): any sexual intercourse, penetration, or oral copulation (anal, oral, or vaginal) however slight, with any object, without effective consent. This may include, but is not limited to, physical sexual violence such as sexual assault or sexual battery.

Non-Consensual Sexual Contact (or attempts to commit same): any intentional sexual touching, however slight, with any object, without effective consent. This may include, but is not limited to, sexual battery or sexual coercion.

Sexual Exploitation: Occurs when a student takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the person being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

• prostituting another student;
• non-consensual video or audio taping of sexual activity;
• going beyond the boundaries of consent (such as letting others hide in order to watch consensual sexual activity);
• engaging in voyeurism;
• knowingly transmitting an STI or HIV to another student;
• invasion of sexual privacy;
• exposing one’s genitals or inducing another to expose their genitals in non-consensual circumstances.

Persons accused of sexual and/or interpersonal violence will be subject to disciplinary action in accordance with college policies and procedures. At the discretion of the college, persons accused of sexual and/or interpersonal violence may be immediately suspended on an interim basis, or restricted from campus pending final disposition of any disciplinary proceedings if they pose a continuing threat to the health and safety of the community. Individuals found to be in violation of the Sexual & Interpersonal Violence policy in any way will be subject to sanctions, up to and including dismissal from the college.

Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.

Possession, use and/or distribution of any so-called “date rape” drug including, but not limited to, Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person for the purposes of inducing incapacity is a violation of this policy.

Review Conduct policies and procedures for addressing Sexual Violence, Relationship Violence & Stalking in Article II, Sec. 2. Listed in Appendix 1 are all New York State Laws on Sex Offenses. Appendix 2 cites all New York State penalties for violations of Stalking, Domestic Violence and Sex Offenses.

25. Sexual Harassment

Sexual harassment is a form of sexual discrimination, and it is illegal. It is any gender-based verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive working or educational environment.

This includes:

A. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently offensive so that it alters the conditions of education or employment, from both a subjective (the victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances.  These circumstances could include:

• frequency of the conduct;
• nature and severity of the conduct;
• whether conduct was physically threatening;
• whether conduct was humiliating;
• effect of conduct on the alleged victim’s mental or emotional state;
• whether conduct was directed at more than one person;
• whether conduct arose in the context of other discriminatory conduct;
• whether conduct unreasonably interfered with the alleged victim’s educational or work performance;
• whether statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; or
• whether speech or conduct deserves the protections of academic freedom.

B. Quid pro quo (this for that) sexual harassment exists when there are:

• unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
• submission to or rejection of such conduct results in adverse educational or employment action.

Title IX of the Education Amendments of 1972 reads “no person...shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance...”

Any individual who believes he or she has been harassed should contact the Office of Student Life where staff members can help the individual explore alternatives available to them. The student may also wish to consult someone with special sensitivity or expertise (e.g., Counseling Services) and the Office of Student Life will facilitate a referral to such a person if desired. Both formal and informal grievance procedures are available in these cases (See Appendix 10 for more details).

26. Smoking Policy

As per NYS law, smoking is prohibited in all campus buildings and residence halls. As per SUNY Delhi policy, smoking is defined as the use of a lit cigarette, cigar, hookah, electronic cigarette or any other form of smoking device for legal tobacco use. Smoking and vaping is permitted only in designated gazebos and parking lots. Hookahs are not permitted on SUNY Delhi's campus.

27. Technology and Network Usage

It is a violation of college policy to engage in any of the following activities:

A. The use of Campus Technology Resources to publicly display or promote obscene messages, images and/or sounds, or to send threatening, obscene or harassing messages, images and/or sounds to any individual, regardless of whether they are a student, is prohibited. This includes not just email and the Internet, but the use of any college computer facility, personal computer, or off-campus computer system. Students should be aware that the college’s policies on harassment apply equally to electronic communications as well as the more traditional means of display and communication.

B. Users should be aware that federal telecommunications legislation specifies penalties for harassment, the transmission of indecent material to all people, and the transmission and availability of indecent materials to persons under the age of 18, even at their request. Inappropriate display of offensive material may be considered harassment.

C. This policy forbids the use of any computer to obtain access to the following: confidential information, grades, PINs, personal computers, or any computer system on or off campus to which students do not have access. This policy also forbids viewing or using another person’s username, password, computer programs, files or data without authorized permission, and/or changing another person’s password.

D. Setting up or attempting to set up an unauthorized server, modifying any computer system or software, or engaging in any activity that would interfere with normal computing operations or networking in any unauthorized manner is prohibited. This would include any use of invasive or malicious software such as: “worms,” “viruses,” “spyware” and/or “SPAM.”

E. The use of Campus Technology Resources and/or facilities for private monetary gain is prohibited.

F. Participation in any of the above activities may result in suspension of computer access privileges, college disciplinary action, and criminal or civil prosecution.

G. The Campus Technology Resources and facilities are for the exclusive use of currently enrolled SUNY Delhi students, faculty and staff.

H. In accordance with the Digital Millennium Copyright Act, college policy also forbids the copying, distribution, downloading, and uploading of copyrighted materials on any personal or college computer system. These items include, but are not limited to, text (including emails and web information), graphics, art, photographs, music, film, and software. Participation in any of the above activities will result in the following action:

                1st & 2^nd Violation: Warning letter will be sent to the student account.

                3rd Violation: Internet account will be shut off for 3 days.

                4th Violation: Internet account will be shut off for 7 days.

For continual abuse of this policy, or for violations that take place elsewhere on campus, additional penalties may be implemented. Individuals can be prosecuted for copyright infringement and, if found liable, may face criminal or civil penalties. These penalties may include paying either actual damages or “statutory” damages of no less than $50 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, at its discretion, also assess costs and attorneys’ fees. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

28. Theft/Possession of Stolen Property

Attempted or actual theft of property belonging to the college, or property of a member of the college community, or other personal or public property is prohibited. Persons who possess property other than their own without the consent of the owner, or who intentionally impede recovery by the owner, or college officials acting on behalf of the owner, will be considered as knowingly participating in the use of stolen property.

29. Trespassing

Any unauthorized entry to or use of college premises, including residence halls.

31. Vandalism

Includes any of the following:

A. Attempted or actual damage to property of the college, or property of a member of the college community, or other personal or public property.

B. Tampering with doors such as disabling a locking mechanism, electronic card system or entrance-phone system or propping open a door intended to be closed or locked.

C. Tampering with or modifying any campus electrical, telephone or cable system or vending machine or recreational equipment.

D. Failure to use proper trash and/or recycling containers or the dumping of trash in inappropriate locations.