Article II: College Conduct System
Article II: College Conduct System
1. Disciplinary Procedures
The Director of Student Rights & Responsibilities, in conjunction with the Assistant Vice President for Student Life, is responsible for the consistent application of discipline on campus. The Residence Life staff is also actively involved in the administration of college discipline. Academic integrity cases will be handled through the procedures outlined in Article III, Section 1.
Students should be aware that the campus conduct process is quite different from criminal and civil court proceedings. Procedures and rights in campus conduct proceedings are conducted with fairness to all, but do not mimic the formality of criminal trials. Due process, within these procedures, assures some form of notice of charges and a Hearing before an objective decision-maker. Students are permitted to have one advisor, of their choosing, at any Hearing. Said advisor is not permitted to participate in any portion of the Hearing process, other than to advise the student. Students must represent themselves. No student will be found in violation of college policy without information showing that it is more likely than not that a policy violation occurred.
The conduct process includes three levels of adjudication. At the lowest level, complaints are heard by residence hall directors. At the next level, complaints are heard by a Student Life administrator, usually the Director of Student Rights & Responsibilities, or Office of Housing & Residence Life administrators. At the highest level, complaints are heard by the Student Conduct Council. Nothing in these procedures implies that civil or criminal action cannot be taken independent of this process in appropriate cases.
- Time Frame - All campus investigations and disciplinary cases will be handled in as timely a manner as possible and will be completed within a 60-day time frame, except in the case of extraordinary circumstances. An estimated timeline will be communicated to the accused student and to any complainant as necessary. Once a Hearing is scheduled, each party may request a single delay or extension of up to five business days, so long as the state of default (see D below) has not taken effect. No further extensions will be granted, under any circumstances.
- Serious Disciplinary Cases - The Director of Student Rights & Responsibilities will investigate such cases and
make a recommendation to the Assistant Vice President for Student Life for appropriate
judicial action. Such action may then require a student to participate in one of the
following hearings to determine responsibility and sanctioning. Students facing serious
disciplinary charges will receive timely written notice of the charges they are facing,
a scheduled appointment date and time, OR instructions to contact the college to arrange
a Hearing date within a reasonable period of time. Students choosing not to respond
will be considered to be in a state of default (see D below). Students who respond
and schedule a Hearing date will be expected to attend the scheduled Hearing. If a
student fails to attend the scheduled Administrative Hearing or Student Conduct Council
Hearing, it will take place in their absence.
- Pre-Hearing Conference – A student involved in a serious disciplinary case will receive a formal charge
letter from the Director of Student Rights & Responsibilities, Assistant Vice President
of Student Life or designee. During this conference, the student will be informed
of the next steps in the disciplinary process and would not be eligible to review
the investigative file at this time. Should a student fail to attend this pre-hearing
conference, an Administrative Hearing or Student Conduct Council Hearing may be scheduled.
After a pre-hearing conference, the student and administrator may decide to schedule
an Administrative Review Hearing or a Student Conduct Council Hearing to make an official
decision on the case.
In some cases, the pre-hearing conference may or may not produce a settlement offer. When it does produce a settlement offer and a student decides to accept the settlement offer, the student will waive their right to an Administrative or Student Conduct Council Hearing. Students who accept a settlement offer would not be eligible to appeal the outcome. If the student declines a settlement offer, the recommendation of the Student Conduct Council is final, pending any possible appeals.
- Administrative Review Hearing - The student(s) will participate in a Hearing in front of the Director of Student
Rights & Responsibilities and/or the Assistant Vice President for Student Life or
their designee(s). All available evidence and input from staff and students will be
used to make such a decision.
- Student Conduct Council Hearing Board - This disciplinary board will meet to hear and make recommendations in serious disciplinary cases where: (1) there is a discrepancy over the actual behavioral incident or; (2) where deemed appropriate by the Director of Student Rights & Responsibilities or the Assistant Vice President for Student Life or designee. In Student Conduct Council Hearings involving more than one accused student, the Director of Student Rights & Responsibilities, at their discretion, may permit the Hearing concerning each student to be conducted either separately or jointly. For a more detailed description of the Student Conduct Council, see Article II, Section 3.
- Pre-Hearing Conference – A student involved in a serious disciplinary case will receive a formal charge letter from the Director of Student Rights & Responsibilities, Assistant Vice President of Student Life or designee. During this conference, the student will be informed of the next steps in the disciplinary process and would not be eligible to review the investigative file at this time. Should a student fail to attend this pre-hearing conference, an Administrative Hearing or Student Conduct Council Hearing may be scheduled. After a pre-hearing conference, the student and administrator may decide to schedule an Administrative Review Hearing or a Student Conduct Council Hearing to make an official decision on the case.
- Waiver of Hearing - Upon admission of responsibility for the violation of college policy, a student may be offered the choice to waive their right to a hearing and accept a sanction from the Director of Student Rights & Responsibilities or the Assistant Vice President for Student Life or designee. A student who so chooses would also waive the right to appeal this sanction (see E below) and would agree to abide by the decision. The Director of Student Rights & Responsibilities, Assistant Vice President for Student Life, or designee, and the student must agree to this waiver in writing.
- Default - The failure of a student to respond to written notice of charges and instructions to schedule a Conduct Council date within 30 days will be considered in a state of default, resulting in an administrative Hearing of the case in the student’s absence. Students who are in a state of default are not eligible to appeal their administrative Hearing outcome. If a student does not attend a scheduled meeting, a “missed meeting” notice will be sent via the student’s SUNY Delhi email giving a deadline by which to contact the Hearing officer to schedule the meeting. If the student fails to contact the Hearing officer by the stated deadline, the case may be considered in a state of default, the Hearing may then take place “in absentia,” and a decision will be made based solely on the information provided in the incident report. Students found responsible “in absentia” are expected to complete any assigned sanctions by the stated deadlines.
- Appeals - Students are entitled to a fair review of disciplinary decisions made by Residence Hall Directors, the Director of Student Rights & Responsibilities, the Assistant Vice President for Student Life and the Student Conduct Council. Such appeals must be based on violations of due process procedure, new evidence, or a lack of substantial evidence to support the original decision. Appeals of initial sanctions by the Residence Hall Directors should be directed to the Director of Student Rights & Responsibilities. Appeals of initial sanctions given by the Director of Student Rights & Responsibilities and the Student Conduct Council should be directed to the Assistant Vice President for Student Life. Appeals of initial sanctions given by the Assistant Vice President for Student Life should be directed to the Vice President for Student Life. Any appeal must be made in writing, within five (5) business days upon receipt of this original disciplinary decision. Appeals in cases of sexual violence including rape, sexual assault, sexual abuse, sexual harassment, dating violence, domestic violence, and stalking are covered in Article II, Section 2.
- Restriction on Withdrawals - Students may not be permitted to withdraw from the college to circumvent assumed disciplinary action in pending investigations.
- Transcript Notation Appeal – Individuals may appeal to the Assistant Vice President for Student Life in writing requesting removal of their suspension notation, no earlier than one year after the suspension period is completed. Individuals will be notified in writing by the Assistant Vice President for Student Life of the final decision regarding their transcript notation appeal. Expulsion notations are not subject to removal and therefore may not be appealed.
- Due Process Procedures for Cases Adjudicated by Hearing Officers
1. The student who has been accused of a violation will be informed of the alleged violation(s) in writing or orally at the time of the administrative Hearing.
2. The student will be informed of the nature of the evidence against him/her indicating a potential policy violation.
3. The student has the right to make statements and present fact witnesses on their behalf. Those witnesses can be limited by the Hearing officer if unduly repetitious. Where a witness cannot be physically present, telephone interviews and/or signed written statements can be substituted at the discretion of the Hearing officer.
4. The student may ask that the administrative Hearing be postponed for up to 5 business days in order to have time to call witnesses or to gather witness statements. The request is up to the discretion of the hearing officer and cannot be used to manipulate the judicial process.
5. While accused students have the right to remain silent and cannot be compelled to participate in hearings, or may attend but choose not to respond to some or all questions, reasonable inferences can and will be drawn by Hearing officers based upon the evidence they have available to them.
6. Decisions about violations of the Student Code of Conduct will be based on a preponderance of the evidence. This means that a student will only be found in violation of the Student Code of Conduct if information indicates that it is more likely than not that the student engaged in behaviors constituting a violation.
2. Disciplinary Procedures for Allegations of Sexual Violence
Cases of alleged sexual violence including rape, sexual assault, sexual abuse, sexual harassment, dating violence, domestic violence, and stalking are covered by the procedures listed below, and are defined in Article I, Code 24 & 25. See Appendix 9 for Bill of Rights.
A. Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. SUNY Delhi recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. SUNY Delhi strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to SUNY Delhi officials or law enforcement will not be subject to SUNY Delhi’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
B. Burden of Proof
The burden of proof in all student conduct cases is the preponderance of the evidence, which means it is deemed “more likely than not” that the specific policies were violated. If the evidence presented is deemed to meet this standard, then the accused is found responsible.
C. Protections and Accommodations
- When the accused is a student, to have the college issue a “No Contact Order,” consistent with college policy and procedure, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges. If the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, consistent with SUNY Delhi’s policy. Parties may submit evidence in support of their request.
- To have assistance from the University Police Department or other college officials in initiating legal proceedings in family court or civil court, including, but not limited to, obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
- To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
- To an explanation of the consequences for violating these orders, including, but not limited to, arrest, additional conduct charges, and interim suspension.
- To have assistance from University Police in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of University Police or, if outside of the jurisdiction, to call on and assist local law enforcement in effecting an arrest for violating such an order.
- When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension.
- When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and SUNY Delhi policies and rules.
- When the accused is not a member of the college community, to have assistance from the University Police Department or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
- To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
- Student Rights & Responsibilities Director, Russell Hall 127 , 607-746-4443
- Title IX Coordinator, Bush Hall 103, 607-746-4495
- Title IX Deputy Coordinator, Foreman Hall, 607-746-4695
D. Student Conduct Process
- To request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the Student Code of Conduct, as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
- Throughout conduct proceedings, the respondent and the reporting individual will have:
a. The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
b. The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
c. The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
d. The right to receive advance written or electronic notice of the date, time, and location of any meeting or Hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
e. The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days, except when law enforcement specifically requests and justifies a longer delay.
f. The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by SUNY Delhi).
g. The right to present evidence and testimony at a Hearing, where appropriate.
h. The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
i. The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
j. The right to ask questions of the decision maker, and via the decision maker, indirectly request responses from other parties and any other witnesses present.
k. The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
l. The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction(s), and the rationale for the decision and any sanctions.
m. The right to written or electronic notice about the sanction(s) that may be imposed on the accused, based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
n. Access to at least one level of appeal of a determination before a panel which includes the Vice President for Student Life, the Provost and the Vice President for Finance & Administration, or their trained designees, that is fair and impartial and does not include individuals with a conflict of interest. The decision of the appeal panel is final.
o. The right to have access to a full and fair record of a Student Conduct Hearing, which shall be preserved and maintained for at least five years. (Student Rights & Responsibilities Office, 607-746-4443, Russell Hall 127 111, 454 Delhi Drive, Delhi, NY 13753)
p. The right to choose whether to disclose or discuss the outcome of a Conduct Hearing.
q. The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law.
E. Appeals (for Sexual & Interpersonal Violence Cases)
After receiving notice of the disciplinary Hearing decision, both the complainant and accused student, in cases of sexual harassment and sexual violence, dating violence, domestic violence and stalking, may request an appeal within 5 business days upon receipt of the original disciplinary decision. Appeals must be based on violations of due process procedure, new evidence or a lack of substantial evidence to support the original decision. The non-requesting party will receive notice of the appeal and may submit either his or her own appeal or a written response to the requesting party’s appeal within 5 business days of notice. Both the appeal and response will be considered together by the appeals panel (see above Section D2n). The decision of the appeal panel is final.
The college will protect the privacy of all parties to a complaint or other report of sexual and/or interpersonal violence to the extent possible. When the college receives complaints of violence, an obligation exists to respond in a way that limits the effects of the violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, the reporting individual, and the respondent. If you are the reporting individual and are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Staff members at certain resources are obligated by law to maintain confidentiality, including the on-campus Counseling Center staff and the local, off-campus rape crisis center.
G. Timeframe (for Sexual & Interpersonal Violence Cases)
Once a complaint is received by the Student Rights & Responsibilities office, a full investigation of the complaint will ensue. The investigation will be completed within 10 business days of receipt of the complaint. The next step is to hold a Hearing in order to adjudicate the complaint. If a Hearing will not be held for any reason, all parties will be notified at this point. The Hearing, if held, will occur within 10 business days after completing the investigation. Both the respondent student and the reporting individual will receive notice of the outcome of the Hearing concurrently, within 5 business days after the Hearing is completed.
If extraordinary circumstances prevent any step from occurring within the stated time frame, or if there are unanticipated delays (school breaks, inclement weather, witness or conduct council members are unavailable), all parties will be notified and will be given an estimated time for the step to occur. Extensions requested by any party must be approved by the Director of Student Rights & Responsibilities or their designee. Granted extensions will not be longer than 5 business days.
H. Proscribed Sanctions: If found responsible, available sanctions include:
- Dating Violence: No contact order, probation, residence hall removal, residence hall relocation, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Domestic Violence: No contact order, probation, residence hall removal, residence hall relocation, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Stalking: No contact order, probation, residence hall removal, residence hall relocation, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Non-Consensual Sexual Intercourse (or attempts to commit same): No contact order, probation, residence hall removal, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Non-Consensual Sexual Contact (or attempts to commit same): No contact order, probation, residence hall removal, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Sexual Exploitation: No contact order, probation, residence hall removal, suspension for one, two, three, or four semesters, dismissal from the college, and educational sanctions.
- Sexual Harassment: No contact order, probation, residence hall removal, residence hall relocation, suspension for one, two, three, or four semesters, and educational sanctions.
3. Student Conduct Council Hearing Board
The Student Conduct Council is made up of annually trained faculty, staff and students and is charged with hearing and providing recommendations in serious disciplinary cases. To hear a case, the Council will have between five and nine members. The members will be chosen from appointed or volunteer faculty, staff and students, and are provided with all appropriate information upon which to base their recommendations. The Director of Student Rights & Responsibilities or trained presider will coordinate the proceedings and serve as a non-voting member, and all recommendations will be given to the Director of Student Rights & Responsibilities or designee.
There shall be a single verbatim record, such as a digital recording, of all Student Conduct Council Hearings (not including deliberations). Deliberations shall not be recorded. The entire record of the Hearing and all associated materials shall be the property of the college and will not be released with the exception of compliance with court-ordered purposes. Accused students and complainants may request an official written transcript of the Hearing at their expense. When transcripts are requested, the college will provide the audio recording to a licensed court reporter who will furnish the written transcripts at the requesting party’s expense.
If a student is to be brought before the Conduct Council, he/she will be notified in writing of the charges and the time and date of the Hearing in a timely fashion. Every effort will be made to schedule the Hearing so as not to interfere with the students’ or witnesses’ academic schedule. However, in such cases where this is unavoidable, the individuals will be required to attend the Hearing. Students who are charged are required to attend and give testimony to the Student Conduct Council, and may, if desired, ask a reasonable number of witnesses to attend, as well. Such witnesses will be permitted to provide testimony, but are not permitted to ask questions. Students may be required to give testimony.
Accused students and complainants are entitled to review reports and statements that will be used against them in the hearing if requested. This information will be made available for review upon request by the accused or complainant involved in the hearing. Reports and statements are property of the college and are FERPA protected. Reviewers will not be granted permission to make copies of or keep records after supervised review. Incident statements and witness statements will only be provided upon request for prior review if a physical statement is submitted by the individual in question. When a statement is given verbally during a hearing, the accused or complainant will have an opportunity to respond and ask questions via the presider. All provided written statements to be used in Conduct Council Hearings must be provided to the Director of Student Rights & Responsibilities 24 hours prior to the hearing.
Cases involving sexual violence, including rape, sexual assault, sexual abuse, sexual harassment, dating violence, domestic violence, and stalking, are covered in Article II, Section 2.
Accused students and complainants may, if they so desire, have counsel or an advisor (faculty, staff, family member, etc.) present during the actual Hearing. Counsel or an advisor may provide support and information to the students, but may not ask questions or provide testimony. Such information must be voiced through the student. The Student Conduct Council Hearing Board is not bound by the technical rules of evidence, but may hear or receive testimony that is relevant and will contribute to a full and fair consideration of the charges. The student charged may examine and question all witnesses or staff present at the hearing, although they may be asked to do so through the Presider. The Presider may cut off any testimony that is deemed inappropriate or irrelevant to the consideration of the charges. Student(s) shall be found responsible or not responsible based on a preponderance of evidence. Recommendations from the Student Conduct Council Hearing Board will be made in a closed executive session immediately after the actual Hearing and will be made on a majority basis. Recommendations will be made to the Director of Student Rights & Responsibilities or designee, who will deliver the decision and sanctions to the student in writing within a reasonable period of time.
If a student fails to attend the scheduled Conduct Council Hearing, the Hearing will take place nonetheless.
Appeals for Conduct Council: See Article II, Section 1E.
4. Disciplinary Sanctions
The following sanctions may be imposed upon students or organizations by various college officials and/or the Student Conduct Council:
A. Warning - Written notice that student behavior has violated college policy and that the behavior is unacceptable to the campus community.
B. Community Service - The student is assigned a certain number of community service hours to be completed by a reasonable date, and should be approved through O’Connor Center for Community Engagement.
C. Exclusion from Residence Halls - Students may be prohibited from entering one, several or all of the residence halls should their behavior warrant such exclusion.
D. Removal from College Residence - The removal, indefinitely or for a designated period of time, of resident students from college residence halls. The student would not be permitted to reside in or enter the residence hall(s) and must find accommodations to reside off campus. The college reserves this right to revoke the Housing license at any time. The parent/guardian of financially dependent students will be notified of this sanction. Students removed from residence halls for disciplinary reasons will not receive a refund.
E. Residence Hall Probation - Written notice that college rules have been violated and that a further violation of college policy may result in removal from college residence (see item D) or further sanctioning. This sanction will be issued by length of time (such as six months or one year or “until separation from the institution”). The parent/guardian of financially dependent students will be notified of this sanction.
F. College Probation – This status carries a severe warning that any further violations of college regulations may result in the student going before the Student Conduct Council for consideration of suspension or expulsion. This may include restriction of privileges for a specific period of time (such as six months or one year or “until separation from the institution”) or further sanctioning. The parent/guardian of financially dependent students will be notified of this sanction.
G. Interim Suspension – A student may receive an interim suspension immediately pending a fair Hearing, should the Director of Student Rights & Responsibilities or the Vice President for Student Life judge that the student’s continued presence would be a danger to him/herself or to others, or would pose an immediate threat of disruptive interference with the normal conduct of functions and activities of the institution. While awaiting a Hearing, the student shall be denied access to the campus, including on campus and online classes. Every effort will be made to convene an appropriate Hearing as soon as possible.
H. Suspension - Dismissal from the college and removal from residence (if appropriate) for a period of time with the possibility of readmission. Suspensions are normally immediate, but may also be delayed until the end of a semester, if found to be appropriate. Suspension will be noted on the student's transcript as “suspended after the finding of responsibility for a code of conduct violation.” See the Academic Programs and Services Handbook for further information on the effect a suspension will have on semester grades. Students should contact the Financial Aid Office for information on the effect that suspension may have upon their financial aid situation. The parent/guardian of financially dependent students will be notified of this sanction. Suspended students are liable for all tuition and fees.
I. Expulsion - Permanent removal from the college. The individual will never be permitted to apply for readmission to the institution. Expulsion will be noted on the student's transcript as “expelled after a finding of responsibility for a code of conduct violation.” See the Academic Programs and Services Handbook for further information on the result an expulsion will have on semester grades. Students should contact the Financial Aid Office for information on the effect that expulsion may have upon their financial aid situation. The parent/guardian of financially dependent students will be notified of this sanction. Expelled students are liable for all tuition and fees.
J. Persona Non Grata - Individuals may be declared Persona Non Grata and would not be permitted to enter or remain on designated college property. Students suspended, expelled or who are suspended pending a fair Hearing will normally be declared Persona Non Grata. Individuals declared Persona Non Grata must make requests for and be granted preapproval to come to campus. These requests can be made in writing to the office of Student Rights & Responsibilities.
K. Removal of Recognition- Temporary or permanent removal of recognition of a college-sanctioned club or organization.
L. Other Sanctions - As determined by a college judicial body or individual. This could include, but is not limited to, restrictions upon entering particular buildings and/or participation in certain college-sponsored events, activities or programs.
M. Restitution – Compensation for loss or damage to college or personal property. This may take the form of appropriate service and/or monetary or material replacement.
N. Residence Hall Relocation –The removal, indefinitely or for a designated period of time, of resident students from a specific college residence hall. The student would not be permitted to reside in or enter a specific residence hall and must find accommodations in another residence hall building.
O. No Contact Order – Verbal or written notice banning an individual from having any form of personal contact with another person on college property. This includes utilizing any means to communicate. Failure to comply with this directive may result in further disciplinary action. A no contact order can be implemented as a disciplinary sanction should a student be found responsible for violating college policy. It is also put in place to address concerns a complainant may have regarding retaliation, or when college officials deem it necessary. Therefore, the no contact order is utilized as a preventive measure and may be put in place for all parties, regardless of role.
P. Educational Sanction – A student may be assigned an educational sanction to assist them in making better decisions in the future. This may include any of the following: 3rd Millennium, Judicial Educator, AOD Class or any other educational workshop, or reflection or research project.
Q. Transcript Hold – A temporary hold may be placed on a student’s record while disciplinary proceedings are pending. While on hold, a student may not register for classes or receive an official copy of their transcript. Students may not be eligible to graduate while a disciplinary action is pending.
5. Alcohol and Other Drug Sanctions
College sanctions for alcohol and drug violations are provided for incidents both on and off campus. An alcohol or drug violation is defined as any violation of college policy or state law with respect to possession or use of alcohol or drug and related paraphernalia including disruptive behavior that results from alcohol or drug use. Students should be aware that their presence in an area where the alcohol and/or drug policy is found to be in violation may be held accountable, regardless of their use. Such violations may include possession of small or legally defined violation amounts, the use of drugs, or being present in a location where drugs were found. Note that the sale or distribution or possession of misdemeanor or felony amounts of the drug will likely result in suspension and are not covered by this policy. Our educational sanctions in no way preclude the possibility of arrest by University Police or other police agencies. It is important for you to be aware that our process aligns with the New York State Good Samaritan Law, and if you seek help for someone under the influence of alcohol or drugs who needs medical attention, you will not be charged with a code of conduct violation, but this does not preclude student conduct actions regarding other violations.
The following penalties may be imposed after admission of responsibility by the student, or judgment of responsibility is made by the Residence Hall Director, Vice President for Student life, Director of Student Rights & Responsibilities or designee when hearing the case.
THE COLLEGE RESERVES THE RIGHT TO PLACE ANY STUDENT ON ANY OF THE FOLLOWING SANCTIONS, AND TO MANDATE ALCOHOL OR DRUG COUNSELING IF IT IS DEEMED TO BE APPROPRIATE.
College or Residence Hall Probation
Online Education Courses on topics of Alcohol, Cannabis, and/or Personal Decision Making: Depending on the course assigned, the course may require a registration fee charged by the company providing the educational service.
Referrals to Student Activities or Resnick Academic Achievement Center
Alcohol and Other Drug Course: This is an in-person class or meeting taught by trained college personnel
OF NOTE: THE COLLEGE TRIES TO OFFER FREE EDUCATIONAL RESOURCES; HOWEVER, SECOND VIOLATIONS OF ALCOHOL/CANNABIS ARE MOST OFTEN ASSIGNED A 3RD MILLENNIUM COURSE ONLINE. THIS COURSE COSTS AN ENROLLMENT FEE OF $35 TO THE 3RD MILLENNIUM COMPANY.
CONTINUAL VIOLATION OF ALCOHOL AND OTHER DRUG POLICIES MAY RESULT IN REMOVAL FROM HOUSING, SUSPENSION OR EXPULSION.