CODE OF STUDENT CONDUCT

  State University of New York College at Oneonta    

 ARTICLE I: DEFINITIONS

1.    The term College means The State University College at Oneonta.

2.    The term "student" includes all persons taking courses at the College, both
        full-time and part-time, pursuing undergraduate, graduate, or professional
        studies and those who attend post secondary educational institutions other
        than the State University College at Oneonta and who reside in College
        residence halls. Persons who are not officially enrolled for a particular term
        but who have a continuing relationship with the College are considered
        "students".

 3.   The term "faculty member" means any person hired by the College to conduct classroom activities.

4.  The term "College official" includes any person employed by the College, performing assigned administrative or professional responsibilities.

5.    The term "member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. The Vice President for Student Development shall determine a person’s status in a particular situation.

6.   The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College  (including adjacent streets and sidewalks).

7.   The term "organization" means any number of persons who have complied with
the formal requirements for College recognition.

8.  The term "judicial body" means any person or persons authorized by the Vice
      President for Student Development, to determine whether a student has violated
      the Student Code and to recommend imposition of sanctions.

9.  The term "Judicial Officer" means a College official authorized on a case by case
      basis by the Vice President for Student Development to impose sanctions upon
      students found to have violated the Student Code. The Vice President for Student
      Development may authorize a Judicial Officer to serve simultaneously as a Judicial
      Officer and the sole member or one of the members of a judicial body. Nothing
      shall prevent the Vice President for Student Development from authorizing the
      same Judicial Officer to impose sanctions in all cases.

10. The term "Appellate Board" means any person or persons authorized by the Vice
       President for Student Development to consider an appeal from a judicial body's
       determination that a student has violated the Student Code or from the sanctions
       imposed by the Judicial Officer.

11. The term "shall" is used in the imperative sense.  

12. The term "may" is used in the permissive sense.  

13. The Vice President for Student Development is that person designated by the College President to be responsible for the administration of the Student Code.

14.  The term "policy" is defined as the written regulations of the College as found in, but not limited to, the Student Code, Residence Life License and Graduate/Undergraduate Catalogs.

15.   The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.

16.  The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

ARTICLE II: STUDENT CONDUCT

1. MISSION
    As consistent with the aims of the Mission of the College and as citizens of the
    community of Oneonta, students are expected to improve the society in which they
    live and become productive members of that society. Therefore, any student whose
    behavior, on or off‑campus, seriously compromises our mission or endangers the
    lives, property, or physical welfare of members of the college community, must be
    referred to the Standing Disciplinary Board.

2. ACADEMIC DISHONESTY
    Academic dishonesty is defined as any act by a student that misrepresents or
    attempts to misrepresent to an instructor or any College official, the proficiency or
    achievement of that student or another student in any academic exercise for the
    purpose of influencing a grade on a piece of assigned work, on an examination or
    quiz or in a Course as a whole, or that is intended to alter any record of a student's
    academic performance by unauthorized means.

    A Student deemed guilty of an act of academic dishonesty may, depending on the
    nature of the offense, be subject to one or more of the following measures: failure of
    the assignment or examination, failure of the course, or dismissal from the College.
    Furthermore, for a second offense, referral of the case to the Standing Disciplinary
    Board is mandatory. The penalties that may be assessed by the Board are listed
    under the Procedures of the Standing Disciplinary Board as published in this
    publication; however, the normal penalty is suspension or dismissal.

    It is the Student's responsibility to read and understand the policy on all aspects of
    academic dishonesty as published in this publication and the Undergraduate
    Catalog. However, individual faculty members may wish to explain the policy as it
    relates to their courses. It is emphasized that a student who has any questions about
    what constitutes academic dishonesty has the responsibility of clarifying them by
    conferring with his/her instructors.

Examples of Academic Dishonesty:

    The following examples, although not all-inclusive, are intended to help students
    understand what constitutes academic dishonesty. Other acts should not necessarily,
    be considered as falling outside the scope of this policy because of their absence
    from this list.

• Plagiarism that is, using materials from another's work without acknowledgment, using quotations without  identification as such or paraphrasing without specific identification of the source.

• Copying and/or modifying another person's computer file, program, printout, or portion thereof for use in an assignment without permission of the instructor.

• Knowingly permitting one 's computer file, program, printout, or portion thereof to be copied or modified by another student for use in an assignment without permission of the instructor.

• Unauthorized giving or receiving of information on an examination, laboratory procedure, or other exercise.

• Taking an examination for another student or allowing another student to take an examination for you.

• Altering or attempting to alter a grade on any piece of graded work, a grade written in an instructor's personal records, or a grade written on any College form or transcribed in any official College record.

• Submitting a College form with a forged signature.

Unauthorized use of another person~ computer user code may not necessarily be regarded as academic dishonesty. It is, nevertheless, a misuse of College property, perhaps theft, and will be dealt with under the provisions of the College Regulations as published in this publication.

Procedures to be Followed When Academic Dishonesty is Suspected:

Faculty Responsibilities

•  Faculty members who encounter acts of academic dishonesty are required to report them in writing to the Student Development Office with a copy of the report to the department chair.

•  Whenever possible, the faculty member should impound the evidence of suspected dishonesty. If necessary, photocopies can be made in the Registrar's Office. Such evidence will not be returned to the student, but will be kept in the confidential files in the Student Development Office. 

• The faculty member should obtain such signed statements from students and other faculty as may be necessary to complete the documentation. The statements will be kept in the confidential files of the Student Development Office.

• Whenever possible, the faculty member should explain the nature of the suspected violation and to advise the student of the actions to be carried out as outlined in this policy.

• If a student admits to an act of dishonesty, the faculty member should obtain a statement to that effect signed by the student. The statement will be kept in the confidential files in the Student Development Office.

• Failure by the faculty member to execute any of these responsibilities will not constitute grounds for dismissal of charges against a student.

Student Responsibilities :

Students are encouraged to notify the instructor if they observe an act of academic dishonesty. If a student reports such an incident, the instructor shall be obligated to pursue the matter as indicated above. If, in the opinion of the student who has reported the incident, the instructor has not fulfilled his/her responsibilities in this matter, that student may take one or more of the following steps in an attempt to resolve the situation:

• Confer with the department chairperson.
        • Confer with the Student Development staff.
        • Confer with the student grievance committee of that department.
        • Confer with the appropriate academic dean.
        • Appeal in writing to the Subcommittee on Student Academic Grievances.

Actions to be Taken:

• If a Student admits having acted dishonestly when confronted by a faculty member and it proves to be a first offense, the student must at least receive a grade of "E" for the assignment or activity in question. The faculty member does, however, have the option of assigning the student an "E" for the course if he/she considers it appropriate. The faculty member must report, in writing, any action taken to Student Development with a copy of the report to the department chair.

• Without an admission of guilt, a faculty member may assign a grade of "E" for an assignment, for an activity or for the Course if he/she has proof that the student is guilty of academic dishonesty in connection with this work. These instances of academic dishonesty must be reported to the Student Development Office. In such cases, the student may appeal to the Vice President for Student Development and/or the Standing Disciplinary Board. 

• If, in the judgment of the Student Development Office, the nature of the case warrants it, a first time offender may be referred to the Standing Disciplinary Board of the College (see next section). 

• Subsequent violations must always be referred to the Standing Disciplinary Board. The penalties that may be imposed by the Board are published under the Procedures of the Standing Disciplinary Board in this publication.

• In cases where the student disputes a charge of academic dishonesty, the Student Development Office will be responsible for the investigation of the case and determining future action.

• In cases of dispute, the appropriate academic dean should be consulted by the Student Development Office or he/she may enter the case on his/her own initiative.

Appeal Procedures:

    A student who disputes a decision by a faculty member may request to have
    his/her case heard by the Standing Disciplinary Board. This request should be
    submitted in writing to the Student Development Office.            

3.   ALCOHOL AND DRUGS
   
    Possession, use, and/or distribution of illegal drugs, alcohol and/or prescription medication
    not prescribed for you is prohibited.  

4. ASSAULT/RECKLESS ENDANGERMENT

No person shall intentionally or recklessly cause physical injury or impairment or bodily harm to any member of the College community, or any person who is on campus for a legitimate purpose. No person shall recklessly engage in conduct that creates a substantial risk of serious injury to another person. 

5. COMPUTER USE

The following documents are available from the campus home page at http://www.oneonta.edu/general/policies/policies.asp and explain the campus expectations regarding the use of campus information technology. 

Policy for Use of Campus Information Technology

User Code Agreement

Policy on Privacy and Use of Computer User Accounts and Electronic Mail

General Guidelines for College at Oneonta World Wide Web Pages

Digital Millennium Copyright Act Information

These documents apply to all information technology facilities, labs, and resources on campus. Use of information technology facilities and resources applies to, but is not limited to, the use of desktop Computers, notebook computers, mainframe computers, servers of any kind, computer networks, network connections, modem connections and any other device that involves computing and/or network connectivity. It also applies to computer files, programs, or data stored on floppy disk, hard disk, magnetic tape, CD-ROM, cartridge, removable hard drives, zip drives, or any other storage media. Information technology facilities and files owned by others should be used or accessed only with the owner's permission. The college information technology facilities are for the exclusive use of currently enrolled SUNY College at Oneonta students, faculty, staff, and retired faculty, retired staff, and "friends of the College" with a valid user code. 

6. CRIME

Students who have been duly convicted of any crime or violation, on or off campus, other than a traffic infraction may be subject to college discipline.   

7. DEMONSTRATIONS

Our constitution and our courts guarantee the right to dissent. The College is one institution within our society where this right is not only fundamental, but also essential. The right may be exercised by the use of written or spoken words, by acts such as picketing and by "peaceable" mass assembly and demonstrations, subject to College regulations on time, place and manner of such activity.

      The First Amendment protects the right to assemble and to petition, but it requires   
      that the right be peaceably exercised. The College will not tolerate the deliberate
      disruption of the work or movement of others nor will it condone violence or physical
      interference with the facilities or functions of the campus. If protestors (or
      anti‑protestors) resort to the use of violence or physical interference, College
      officials may, without delay, invoke the use of legitimate authority to remove all
      violators.

       The goal of the College is to provide the best possible educational environment. An
      essential part of this commitment is the necessity to maintain genuine academic
      freedom and to preserve the right of all members of this community to question,
      debate, criticize, and dissent peaceably. These cannot be preserved in the
      presence of force and violence or the threat of force and violence that interferes
      with or obstructs the work and activity of other members of the College
      community. [See the Trustees Rules for the Maintenance of Public Order] Therefore:

a. Unauthorized occupation of College facilities, or 

b. Violent conduct or the threat of violent conduct that obstructs or disrupts           College activity will result in immediate steps to impose appropriate disciplinary action, including possible expulsion, under established procedures, on any student who engages in conduct that unreasonably interferes with the freedom of movement of persons on this campus or with the normal functions of the College.

c. The use of amplifying equipment in the academic quad is prohibited when classes are in session, unless approved by the Vice President for Student Development or his/her designee.

8. DISORDERLY CONDUCT/HARASSMENT/ABUSIVE BEHAVIOR

No person shall engage in any disorderly behavior with intent to disrupt the College's academic environment or the provision of college services. No person shall recklessly create a public inconvenience or disturbance or a risk thereof. Prohibited behavior includes, but is not limited to, fighting, making unreasonable noise, using abusive or obscene language or gesture in a public place, disturbing a lawful meeting, obstructing pedestrian or vehicle traffic, or creating a hazardous or physically offensive situation by an act which serves no legitimate purpose. Harassment, threats, or verbal or physical abuse are prohibited.

    9.   DISRUPTIVE CLASSROOM BEHAVIOR

Instructors have a responsibility to maintain an effective learning situation in their classrooms and to deal promptly with any disruptions that interfere with the learning situation. The instructor is in charge of his/her classroom. If he/she feels that a student is interfering with the right of other Students to profit from attendance in that classroom or if he/she feels that he/she is being unreasonably hindered in the presentation of subject matter, the instructor has every right to eject the offending student from class and/or notify the Student Development Office of the student’s behavior. Either course of action should be taken with discretion and only for reasonable cause.  

If a student is ejected from the class, it shall be for that class period only and the instructor should immediately submit a written report of the incident to the Student Development Office and a copy to the student and the appropriate academic dean. (If the incident involves physical violence, a report should also be made to the University Police.) Upon receipt of the report, the Director of Judicial Affairs will immediately schedule an interview with the student to discuss the incident. Any subsequent incident reported to the Vice President for Student Development involving the same student in any class will result in administrative action by the Student Development Office and possible referral to the Standing Disciplinary Board of the College. The consequences of such action may include denying the student further access to the class or other disciplinary action, including dismissal from college.  

10. FAILURE TO COMPLY

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. 

11. FALSE ADMISSION APPLICATION

Applications for admission to any SUNY institution require disclosure of all previous college attendance. In cases where students are found not to have declared all such attendance, the Committee on Student Progress and Status will review the record. If the Committee decides that there is ground for disciplinary action, the case will be referred to Student Development for action by the Standing Disciplinary Board. If the student is found to have falsified the application after a hearing, the penalty may be immediate dismissal from the College. 

12. FALSIFICATION OF INFORMATION

Furnishing false or misleading information to the College or other similar forms of dishonesty in College regulated affairs, including knowingly making false oral or written statements to any College official or hearing body, will result in disciplinary action. Forgery, alteration, or misuse of University documents, personal records or identification, such as possessing a forged instrument (fake driver's license), is prohibited. 

13. HAZING

No person, either singly or in concert with others, shall for the purpose of initiation into or affiliation with any organization or group, recklessly or intentionally take any action or create or participate in the creation of any situation that endangers the mental or physical health of another person. No person shall take any action or create any situation, whether on or off campus to produce embarrassment, humiliation, harassment or ridicule. This includes, but is not limited to the forced consumption of liquor, other liquids, legal or illegal drugs, food or condiments. Further, it shall not constitute a defense to the charge of hazing that the participant(s) took part voluntarily, that they voluntarily assumed the risks or hardship of the activity, or that no injury was suffered.

14. HEALTH

Students may be dismissed from the College when they have a health condition that may endanger the health of other students, or themselves. 

15. IDENTIFICATION

Failure to show proper student identification or other identification to any faculty, staff, or student staff in the performance of their official duties will result in disciplinary action. All students are required to carry their identification with them at all times. 

16. LIBRARY

The library is a place for study, research and instruction. Reasonable standards of conduct are expected in order to reflect the educational purpose of the college, to protect the rights of library users and to safeguard college property. The library staff is empowered to assure compliance with regulations supporting the appropriate use of the library. The following behaviors are prohibited: disruption or prevention of regular library activities; the unauthorized removal, defacing, mutilating or theft of library materials; damaging the library building its furnishings or equipment; and, smoking in any part of the library building. Students who violate these guidelines are subject to college disciplinary action and criminal prosecution where appropriate. 

17. MISUSE/DESTRUCTION OF PROPERTY

Misuse of any property belonging to the College or in the possession of the College may result in dismissal from the College.  Dismissal shall not preclude the necessity for repair or replacement of such property. Library materials, animal and plant materials, etc. shall be considered College property. Furnishings and fixtures, and equipment and supplies of College buildings and buildings leased from the Dormitory Authority shall also be considered College property. 

18. ORDINANCES
    
    Any student convicted of more than one violation of any ordinance(s) of the City or Town of Oneonta, excluding parking ordinances, will be referred to the College Judicial System.
    
    
19. RESIDENCE HALL LICENSE
    
    Students living on campus or visiting a residence hall are required to comply with all policies and procedures as outlined in the Residence Hall License.

20. SEXUAL MISCONDUCT
    

The State University of New York College at Oneonta condemns and prohibits sexual misconduct in any form. Sexual misconduct will not be tolerated by this campus and will be dealt with by appropriate disciplinary action. 

Sexual Assault can be defined as one or more of the following:

             Rape: forcing or coercing someone to have sexual intercourse. Rape most
            often involves the use or threat of force, violence, or immediate and unlawful
            bodily injury. The perpetrator does not need to use a weapon or produce
            physical harm; threat of force, expressed or implied is itself sufficient to
            categorize the act as rape.           

             Rape also occurs when the victim is incapable of giving legal consent because 
            the victim is:

• less than 17 years of age

• mentally incapacitated

• physically helpless, including drug or alcohol consumption

• mentally "Incompetent"

• asleep 

Acquaintance Rape (Date Rape): sexual intercourse undertaken by a friend, date, or acquaintance without consent. Acquaintance rape includes sexual intercourse that occurs through force, as a result of threats, physical restraint or physical violence, or without consent. 

Sexual Abuse: forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances mentioned above. 

Sodomy: forcing or coercing a man or woman to engage in any deviate sexual contacts under the circumstances mentioned above. 

Sexual Harassment: defined as unwelcome sexual advances, request for sexual favors, or other sexually degrading verbal or physical conduct. A complete statement concerning sexual harassment is detailed in the front of this publication. 

Where there is probable cause to believe the College's regulations prohibiting sexual misconduct have been violated, the College will expedite strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the College. 

An individual charged with sexual misconduct will be subject to College disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending. 

The College will make every effort to be responsive and sensitive to the victims of these serious crimes. 

Protection of the victim and prevention of continued trauma is the College's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the Director of Judicial Affairs will be held to determine the need for modifying the living arrangements. Assistance for any other personal or academic concerns will be reviewed and options provided.

During the disciplinary process, the victim's rights are:  

• To have a person or persons of the victim's choice accompany the victim throughout the disciplinary hearing. 

• To remain present during the entire proceeding.

• As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing. 

• To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code. 

• To be informed immediately of the outcome of the hearing. 

During the disciplinary process, the rights of the accused are as described under the Due Process Procedure of the College Judicial System section of this Code. These rights will be reviewed with the accused by the hearing officer and/or the Director of Judicial Affairs.

Information and Assistance :

If you believe you have been sexually assaulted in any way, you should seek assistance. If you are in continuing danger, call University Police immediately at 436-3550. It is important not to bathe, douche, change your clothes, or rinse your mouth. If there is any possibility that you will report the crime, you don't want to destroy the evidence. You may choose to seek support from your R.A. or Residence Hall Director, or you may wish to contact the PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault). PAIRS is a 24 hour confidential campus resource with trained professionals available for immediate support and advocacy. To request PAIRS services, call University Police at 436-3550. University Police is available to assist you as well. University Police Officers have your well being as their primary concern. They have been trained to treat you with respect and sensitivity. The officer will ensure that you are promptly taken to a physician for medical care and, if appropriate, for collection of evidence. At your request, University Police will contact a member of PAIRS to provide immediate support. If you wish to file charges, University Police will assist you. You have the option of reporting the crime to the local police and assistance in this matter will be provided at your request.

Individuals who have been sexually assaulted frequently experience physical and psychological trauma. Even if you decide not to report the incident to the authorities, for your own well being, it is important to consider the confidential assistance of medical and counseling professionals.

    Campus Resources:                                                                          

University Police ………..……………..436-3550 

Health Center ………………………... 436-3573  

Counseling Center …………………….436-3368

PAIRS ............................…………......436-3550  

    Community Resources:  

The Violence Intervention Program, The Domestic Violence/Sexual Assault 24 hr. hotline....................................................432-4855                                                                                                  
Oneonta Police Department………........432-1111

 A.O. Fox Memorial Hospital …….........431-5000

 New York State Police ………….........432-3211  

Educational Programs

Educational programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community, by University Police and Student Development staff. The PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault) present ongoing programs for resident students, sororities/fraternities, and other groups.

   

    21. THEFT/POSSESSION OF STOLEN PROPERTY/CRIMINAL MISCHIEF

No person shall take, or intentionally or recklessly damage, or knowingly possess property other than his/her own without the consent of the owner, or intentionally impede recovery by the owner or College officials acting on behalf of the owner.

    22. TRESPASSING

No person shall knowingly enter into and/or utilize any College facility or service without proper authorization. No person shall knowingly enter a facility that they have specifically been prohibited from entering as per a judicial sanction.     

    23.  WEAPONS

Possession or keeping of a deadly instrument on campus (including in any vehicle) or use of any object with intent to harm another is prohibited. This includes, but is not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka‑sticks, sling shots, kung fu type weapons, fireworks, firecrackers, CO‑2 type firearms, spring‑powered firearms, chemical or pepper aerosol spray. Violators will be subject to criminal prosecution and/or disciplinary action from the College. 

24. Skateboarding & Rollerblading

All persons using skateboards or rollerblades are expected to use the equipment in a manner that is considerate of others and College property. Pedestrians always have the right of way. Persons who use the equipment recklessly or without care of others and College property may be subject to removal from campus and disciplinary action. Prohibited behavior includes, but is not limited to, engaging in tricks (sliding, jumps, etc.) on College grounds or which involve College property. The use of this equipment inside campus buildings is prohibited.

 

 

ARTICLE III:  COLLEGE  JUDICIAL SYSTEM       

The judicial process includes three levels of adjudication. At the lowest level, cases are heard by residence hall directors.  At the next level, cases are heard by a Student Development administrator, usually the Director of Judicial Affairs or Office of Residential and Community Life administrators. At the highest level, cases are heard by the Standing Disciplinary Board (SDB). Nothing in these procedures implies that civil or criminal action cannot be taken independent of this judicial system in appropriate cases. The College reserves the right to make public, within the guidelines created by the Department of Education, the outcome of disciplinary hearings.

The Director determines the level at which cases will be adjudicated. Cases in which the accused student may be suspended will be heard by the Director of Judicial Affairs or SDB; if dismissal is a possibility, the case will be heard by the SDB. There are the following exceptions:

1.    If the case cannot be heard by the SDB in a timely manner, it may be adjudicated by the Director of Judicial Affairs or designee.

2.   A student who is facing suspension and is informed that the case will be heard by the Director of Judicial Affairs may request in writing that the case be heard instead by the SDB.  The written request should be submitted to the Director of Judicial Affairs within 24 hrs of the student having been informed of the hearing.  

Due Process Procedures for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

1.   The student who has been accused of a violation will be informed of the charges 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.

3.  The student has the right to make statements and present witnesses on his/her behalf.

4.  The student may ask that the administrative hearing be postponed for 24 hours in order to have time to call witnesses or to gather witness statements.

5.  The student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.

6.   Decisions about violations of the Student Code will be based on the preponderance of evidence. 

If a student is found responsible for a Code of Conduct violation, an administrative hearing officer may impose any one or more of the sanctions below. A Residence Hall Director may impose any one or more of the sanctions below with the exception of numbers one and two. There are many factors that are considered in determining the appropriate sanction(s). History of previous violations will be considered when determining sanctions. Code of Conduct violations that are bias related may incur a more severe sanction.

Administrative Hearing Sanctions

1. Suspension means withdrawal from the College for a specified period of time. If the student is suspended for the semester in which he/she is currently enrolled, no academic credit for any of his/her courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the period for which he/she has been suspended. 
   
   
2. Restrictive disciplinary probation is given for a specific period of time. During that probationary period, the student may not represent the College in any way nor hold elective or appointive office in any organization related to the College, nor participate in interscholastic  or intramural sports, nor participate in any theatrical performance that is not part of class assignments, nor receive public recognition in any way. The student may, however, be a member of any club or recognized student organization. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other College regulations during the period of his/her probation, he/she may be suspended or expelled.
   
   
3. General probation imposes no restriction on the activities of the individual involved, but indicates that for the time specified by the hearing officer; the student may be suspended or expelled if he/she is found responsible to have violated any other College regulation.
   
   
4. Residence Hall License Revocation means that the student may be immediately removed from campus housing and not permitted in any residence hall for any reason indefinitely.
5. Residence Hall Transfer means a student may be relocated to another residence hall as appropriate.
6. Residence Hall Probation means that the student should understand that any future residence hall policy violation will result in further judicial review.
   
   
7. Residence Hall Ban means a student is no longer permitted to visit a specific hall.
8. A letter of reprimand is a letter indicating the College's displeasure with the behavior demonstrated   by the student concerned. This letter of reprimand is kept in the Student Development Office confidential file until the end of a specified period of time unless otherwise directed.
   
   
9. Restitution of property may be required when appropriate.
   
   
10. Educational sanctions may be assigned when appropriate.

 

Appeal Process for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

1.     A decision and/or a sanction may be appealed.  The appeal must be in writing and should be delivered to the Director of Judicial Affairs or designee within 5 class days of the hearing.

2.      For cases that were heard by residence hall directors, the appeal will go to the Director of Judicial Affairs.

3.      For cases that were heard by the Director of Judicial Affairs or Office of Residential and Community Life administrators , the Vice President for Student Development or his/her designee will review the appeal.

4.      The appeal process will consist of a review of the records of the administrative hearing and the supporting documents.  The appeal process will not include a new hearing. The following exceptions apply:

a.        If the appeal presents new evidence that was not available at the time of the administrative hearing, the student may be called to discuss the evidence.

b.       If it is found that the student’s due process rights were violated at the administrative hearing, the case will be heard again by an individual appointed by the Vice President or his/her designee.

5.        The individual who reviewed the appeal will respond to the appeal in writing.

6.        If the appeal is upheld, the individual who reviewed the appeal may make changes in sanctions or may refer the case for a new administrative hearing.

7.        If the appeal is upheld, sanctions may be reduced but may not be increased.

8.        Students are limited to one appeal for each hearing.

Grounds for Appeals for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

The written appeal will be considered if it includes at least one of the following:

1. The student demonstrates that the hearing was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.
   (See Due Process Procedures for Cases Adjudicated by the Residence Hall Directors and Administrative officers.)
2. The student demonstrates that the decision that was reached was not based on substantial evidence.  That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.
3. The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.
4. The student brings forth new evidence or other relevant facts that were not brought forward at the time of the hearing because they were not known to the student at the time of the hearing.

Due Process Procedures for Cases Adjudicated by the Standing Disciplinary Board:  

1. The student who is accused of a violation of the Student Code will be given notice of the  hearing in writing 48 hours prior to the hearing.
2. The student who is accused of a violation shall be informed of the nature of the evidence against him or her.
3. The student who is accused and students who have made a complaint against a student have the right to make statements and present witnesses.
4. Students who are accused will be made aware of all known testimony against them, with written summary or copies available on request.
5. Students who are accused and students who have made complaints have the right to be assisted by an advisor, at their expense.  The advisor cannot speak for the advisee or present the case or participate directly in the hearing.  The advisor may be an attorney.
6. A student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.
7. Decisions about violations of the Student Code will be based on the preponderance of evidence.

  Appeal Process for Cases Adjudicated by the Standing Disciplinary Board

1. A decision and/or a sanction may be appealed.  The appeal must be in writing and should be delivered to the Director of Judicial Affairs or designee within 5 class days of the hearing.
   
2. The appeal process will consist of a review of the records of the SDB hearing and the supporting documents.  The appeal process will not include a new hearing. The following exceptions apply:
   
   
1. If new evidence is brought forward that was not available at the time of  the hearing by the SDB, the student may be called to present the evidence.

2. If it is found that the student’s due process rights were found to have been violated, the case will be heard by the Vice President’s designee.

3. The records will be reviewed by the Vice President for Student Development or his/her designee. The Vice President for Student Development or designee is the final source of appeal in all cases that have been heard by the Standing Disciplinary Board.
4. The Vice President or his/her designee will respond to the appeal in writing.
5. If the appeal is upheld, the Vice President or his/her designee may make changes in sanctions or may refer the case back to the SDB.
6. If the appeal is upheld, sanctions may be reduced but may not be increased.
7. Students are limited to one appeal for each hearing.

Grounds for Appeals for Cases Adjudicated by the Standing Disciplinary Board

The written appeal will be considered if it includes at least one of the following:

1. The student demonstrates that the hearing by the SDB was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.

(See Due Process Procedures for Cases Adjudicated by the SDB.)

2. The student demonstrates that the decision that was reached was not based on substantial evidence.  That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.
   
   
3. The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.
   
   
4. The student brings forth new evidence or other relevant facts that were not brought forward at the time of the SDB hearing because they were not known to the student at the time of the hearing.

Jurisdiction of Individual Boards (Optional)

Student Supreme Court: This court shall be concerned with matters pertaining to the Student Association. They also shall rule upon the constitutionality of any action or motion carried out or passed by any member of the Student Association, by any official of the Student Association, elected or appointed, or by any of its organizations. The Student Supreme Court has no jurisdiction in disciplinary matters.

Standing Disciplinary Board

This board will hear all disciplinary cases referred to it by the Student Development Office, e.g., plagiarism (see regulations about plagiarism and cheating in this publication), unauthorized entrance into offices of faculty members, and other violations of College rules and regulations.

The Vice President for Student Development may immediately suspend a student on an interim basis pending a full hearing when his/her continued attendance constitutes a clear and present danger. The College reserves the right to impose a deadline for a student to decide whether to request a Board hearing or withdraw from the College with a transcript notation. It is understood that in all sections of this policy where reference is made to the President of the College, the meaning shall be the President or his/her designee. The student will be given the opportunity to meet with the Vice President for Student Development or designee within 24 hours after the interim suspension to discuss the propriety of the suspension.

Upon agreement of the accused and the accuser, the case may be handled administratively by a member of the Student Development staff with the right of appeal being guaranteed. The appeal route is outlined, and it is the right of any of the accused to appeal. The following penalties may be imposed when administrative action is taken: educational sanctions, dismissal from residence, letter of reprimand, general college probation, residence hall probation, restrictive disciplinary probation or suspension.  

1. The Standing Disciplinary Board shall consist of:  

(a) Four faculty members. Three members to be elected by the faculty at large from a slate of at least three nominees for each position. These nominees shall be nominated by a committee consisting of the President of the College, Vice President of the College, Vice President for Student Development, and the chairperson of the Committee on Student Development. These faculty members will serve a three year term. Additionally, one faculty member on the Standing Disciplinary Board will be selected from and by the Committee on Student Development. He/she will serve a one year term and may be reappointed for subsequent years.

(b) Three students to be appointed by the President of the College following consultation with the President of the Student Association. The students will serve a one year term. Two students shall be appointed to begin service in the spring semester and one student shall be appointed to begin service in the fall semester.

2. Non-Voting Members  

(a) The Vice President for Student Development or his/her designee shall serve as a consultant to the Board.
 

(b) The President of the Student Association shall serve as liaison between the Student Association and the Standing Disciplinary Board and shall be present at hearings at which the Student Association may be affected.

Procedures

A. The chairperson of the Disciplinary Board shall be one of the faculty members elected by a majority vote of the faculty and student members of the Board at its first meeting of the academic year. He/she shall have one vote, to be used only in the event of a tie vote among the other members of the Disciplinary Board. The chairperson shall be responsible for calling and convening meetings of the Disciplinary Board whenever the need for such action has been called to his/her attention.

B. Each of the three other faculty members and each of the three student members shall have one vote.  

C. The Disciplinary Board shall consider cases of student misconduct in accordance with the procedures outlined by the College judicial System. Cases shall be referred to the Disciplinary Board under the following circumstances:  

1. Any student or student group, whose misconduct, in the estimation of the Student Development Office, might result in the student's suspension or expulsion may be referred to the Disciplinary Board.