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What kinds of issues/problems/complaints fall under Judicial Affairs?
· Judicial Affairs hears alleged violations of misconduct or conduct that is inconsistent with University policy as it is outlined in the Code of Student Conduct. We receive allegations of misconduct on a referral basis. These referrals can come from the University Police Department, other Law Enforcement agencies, Residence Life Staff, SUNY Oneonta students, Faculty, Staff, or other University community members.
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I received an email, letter, and/or phone call from Judicial Affairs. What do I do now
· Most likely, the hearing officer who is assigned to your case has contacted you to give you notification of the date and time of your hearing. You should review the information sent to you carefully. If you cannot make the scheduled hearing you have one opportunity to reschedule. You may do this by calling the number indicated in the correspondence. Even if you feel that you are “not responsible” for the allegation, we strongly urge you to attend the hearing.
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What does this request to attend a hearing mean?
· This means that the Judicial Affairs or Residence Life has received an
incident report and/or a police report alleging that you were possibly
involved in something that may constitute a violation of University
policy. You will meet with a University hearing officer who will present
the allegation against you. At this hearing you will discuss the incident
in question and determine if any University policy was violated.
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What does it mean if I receive a DMCA notice or a copyright infringement letter; and what should I do?
· This means that the college has received a complaint regarding copyrighted material being offered for download on the SUNY Oneonta computer network. Campus information technology professionals have determined that the computer specified in the complaint is registered to you on the campus network. You should review the letter that was sent to you very carefully. Generally, the letter stated that you should removed any copyrighted material from your computer and then email the computer center at a designated address to let them know you’ve removed it. You only have 24 hours to do this before your internet access will be terminated. For more information on this topic please see the “File Sharing” link on the Judicial Affairs home page.
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What is the Code of Student
Conduct?
· The University has a responsibility to maintain order within the
University community and to discipline those who violate its standards,
rules and/or policies. Enrollment requires students to share this
responsibility. Students agree to abide by these standards, rules and/or
policies set forth in the Code of Student Conduct and other official
University publications. Student organizations also agree to follow all
these standards, rules and/or policies.
· A University, like any community, must have regulations and/or
standards by which its members abide and procedures by which its
organizations function. The standards should provide order and an
atmosphere conducive to intellectual and personal development.
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What is an administrative
hearing?
· An administrative hearing is a conduct review hearing that occurs with
a University hearing officer. It is the less formal of the two types of
hearings in that it is a facilitated conversation between the student and
the hearing officer regard the incident in question. The other type of
hearing is before the Standing Disciplinary Board (see FAQ # 23).
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Who "hears" my case?
· The Director of Judicial Affairs determines whether you will be heard
by a Residence Life Administrator or by the Director. All hearing officer
training is facilitated by the Director of Judicial Affairs and the
integrity of the process is implicit to all hearing officers.
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I've already been to court about this incident. Do I still have to meet with someone?
· If you've already been to court for the alleged incident, then you have
fulfilled your obligation to any violation of LAW. You have met the
requirement set forth under New York Law for Otsego County. You have not
yet met your obligation for the College at Oneonta. Even if the courts
found you "not guilty" or determined there wasn't sufficient evidence to
even "hear" your case in court, you must still meet with a University
hearing officer. The College at Oneonta judicial process runs separately
and concurrently to any process the law requires. University policy is
determined by and follows a different standard than the courts must
satisfy with regards to reasonable doubt.
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What if I just don't show up?
· Failure to attend your hearing could result in several different things
happening. Initially, an administrative flag may be placed on your
record. You will be unable to add, drop, or register for classes, and
transcripts are not available to you with a hold on your account.
Additionally, your case may be heard in your absence. Subsequently, a
decision may be rendered with sanction, conditions, and/or restrictions
being placed upon you. Failure to attend your hearing does not exempt you
from the outcomes determined by the hearing officer. You may also be
"charged" with another violation of the Code of Conduct (Failure to
Comply), which would in turn result in another allegation against you.
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What are "sanctions?" Can you give me some examples?
· There are many factors that can influence the type of sanction(s) that
are given; such as, seriousness of the violation, previous judicial
history, precedent cases, etc. For example, for a freshman student, with
no prior judicial history, who is possessing alcohol on campus the
typical sanctions may include Residence Hall probation and referral to
our Checkpoint program. Additionally, the student may be referred to all
or some of the following: referral to First Year Experience Coordinator,
referral to the Director of Career Development, complete one or more
modules on Judicial Educator (on-line course), and/or other educational
sanctioning.
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What is Due Process? What are my Rights and Responsibilities as a Student?
· A student who is alleged to have violated the Code of Student Conduct
is entitled to certain procedural guarantees to insure a fair hearing of
information. These guarantees are listed below.
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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.
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The student will be informed of the nature of the evidence
against him/her.
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The student has the right to make statements and present witnesses on
his/her behalf.
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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.
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The student who has been accused has the right to remain silent and
may not be forced to incriminate himself/herself.
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Decisions about violations of the Student Code will be based on the
preponderance of evidence.
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What should I wear to my hearing?
· If you have class on the day of your hearing, you can wear whatever you
wore to class. The appearance you present is entirely up to you. You are
not being critiqued for a fashion show. You should be comfortable and in
appropriate attire to meet with a University administrator. Rolling out
of bed in your pajamas might not be appropriate.
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Are you going to call my parents?
· The 1974 Family Educational Rights and Privacy Act guarantees that your
educational records are kept confidential - unless you choose to waive
those rights in writing. If you want your parents to become involved in
this process - you would have to waive those rights in writing to have a
hearing officer speak with them. An exception to this was facilitated by
the 1998 Higher Education Amendment - which allows Colleges and
Universities to contact parents of students who are under the age of 21
and found responsible for violating the alcohol and/or drug policy.
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What should I say (not say) to my hearing officer?
· The hearing officer will advise you that you do not have to make a
statement if you feel it is in your best interest to not do so. However,
if you choose to make a statement, honesty is the best policy. You may
opt to tell him/her your entire version of what you perceive happened or
you may simply respond to any questions that you may be asked. Lying is
generally a bad idea - or misrepresenting the facts - seldom does a
student lie in a hearing and not get "caught" in that lie later.
Misrepresentation or being deceptive to the hearing officer can lead to
another violation of the code as well.
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So, what happens at the hearing?
· At the hearing, your hearing officer will advise you of your rights and
responsibilities as a student. The hearing officer will then let you know
what allegation is before him/her and how this allegation was brought to
their attention. Once the hearing officer has presented the information
they have available to them, the student will be asked if they have
different information to share, correct, amend, etc. Once the student has
given their version of the incident, the hearing officer will ask
questions. The purpose of the hearing is to give you an opportunity to be
heard, to have an educational discussion about community standards and,
if you have violated a policy, give you an opportunity to accept
responsibility for your actions.
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How does the hearing officer make decisions about "student
responsibility" of a policy violation?
· Each case is heard for its individual merits. Once the hearing officer
shares the information available to them, and the student shares their
recollections of the events, it is up to the hearing officer to use good
ethical practice and judgment as to a fair and just decision and outcome.
As the judicial process at the College at Oneonta is one of educational
emphasis, often times hearing officers will need to see that a student
understands the concerns of the University and may ask to see that
understanding in a variety of different avenues (see FAQ # 9).
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What is the "Parental Notification Policy"?
· The College may notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or drug policy violations. The College will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. The College also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Education Rights and Privacy Act.
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What is a Standing Disciplinary Board (SDB) Hearing?
· The SDB hears cases that may result in suspension or expulsion if they
find the student(s) responsible for violating the Code of Student
Conduct. The Standing Disciplinary Board is a recommending body to the
Associate Vice President for Student Life. The Associate Vice President
reviews the recommendation and determines the final sanction.
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Who is on the Standing Disciplinary Board?
· The Standing Disciplinary Board is a representative hearing panel, with
members from the Student Body and the Faculty. In addition, the Director
of Judicial Affairs or designee serves as a consultant to the Board, but
is not a voting member.
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Who runs the hearing?
· For the Standing Disciplinary Board, the chair is the primary
individual responsible for the order of the hearing. The chair is a
faculty member.
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Who can be a "witness" for me?
· In a Standing Disciplinary Board hearing, there is a set script to
follow to ensure due process is maintained. If someone you know has
direct knowledge of the events in question (not that they heard you tell
someone what happened - but actually "saw" what happened, for example)
then they would provide testimony at the hearing as to what they saw. If
you have a buddy who is willing to say that whatever violation you were
allegedly involved with "doesn't sound like something you'd do," would
not be a valid witness testimony for a Standing Disciplinary Board
Hearing.
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Is a Standing Disciplinary Board hearing a big deal?
· The Standing Disciplinary Board has been utilized mostly in
cases where an outcome of suspension or expulsion may result if the Board
reaches a decision of "in violation".
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What sanctions can be issued by the Standing Disciplinary Board?
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Dismissal implies
expulsion from the College for an indefinite length of time.The student who is dismissed from the College may
expect that only unusually mitigating circumstances will result in his/
her readmission to the College.
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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.
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Restrictive disciplinary probation is given for a specific
period of time. During that probationary period, he/she can not represent
the College in no way nor can he/she hold elective or appointive office
in any organization related to the College. He/she may not participate in
interscholastic or intramural sports. He/ She may not participate in any
theatrical performance that is not part of his/her class assignments.
He/she may not receive public recognition in any way. The student,
however, may remain a m any club that he/she prefers. 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.
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General College probation
imposes no restriction on the activities of the individual involved, but
indicates that for the time specified by the Disciplinary Board, the
student may be suspended or expelled if he/she has been found guilty of
violating any other College regulation.
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A letter of reprimand is a
letter indicating the College's displeasure of 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.
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A letter of admonishment
is also a letter indicating the College's displeasure of the student's
conduct and a hope that the student will behave more responsibly in the
future. However, no record of this letter is kept on file anywhere except
in the records of the Standing Disciplinary Board.
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Recommend restitution of
property when appropriate.
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The Board may also revoke a residence hall license and assign education programs as they deem necessary.
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Will the outcome of my hearing be on my transcript?
· The only outcome that appears on transcripts is suspension and
expulsion. Any other judicial decision is kept in your judicial file. The
exact policy is stated in the Code of Student Conduct as:
Transcript Notation Policy
Because of the seriousness of disciplinary board
cases, the College will record the outcome of certain disciplinary action
on a student's transcript, in the form of a transcript comment. In
disciplinary cases involving withdrawal prior to a disciplinary hearing,
Interim Suspension, Suspension, or Expulsion, the student's academic
transcript shall be noted as follows:
Withdrawal: Student receives W or W() grades
according to established guidelines. Transcript comment reads:
"Readmission subject to Student Development Hearing." Comment is
removed if a student is readmitted.
Disciplinary Interim Suspension (pending a SDB hearing): Student receives
W or W() grades according to established guidelines. Transcript comment
reads: "Disciplinarily suspended on (date)."
Disciplinary Suspension: Student receives W or W() grades according
to established guidelines. Transcript comment reads: "Disciplinarily
suspended until (date)." Comment is removed when the term of
suspension expires.
Disciplinary Expulsion: Student receives W or W()
grades according to established guidelines. Transcript comment reads:
"Disciplinarily expelled on (date)."
After five years from the date of the student
leaving the College for withdrawal pending disciplinary hearing,
Disciplinary Interim Suspension, or Disciplinary Expulsion, the student
may petition the Vice President for Student Development to have the
transcript comment removed. It is the student's responsibility to provide
substantial evidence, which supports the petition and provides
documentation of their activities (work, education, etc.) since their
exit from Oneonta.
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What do I do if I think the outcome isn't fair?
· Each student has one opportunity to appeal for each case decision. The appeal process is outlined as follows in our Code of Student Conduct:
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A decision and/or a sanction may be appealed. The appeal must be in writing and should be delivered to the Office of Student Development within 5 business days of the notification of outcome. Failure to submit an appeal within the allotted time will render the original decision final and conclusive.
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For complaints that were originally heard by Residence Hall Directors or Office of Residential and Community Life administrators, the appeal will go to the Director of Judicial Affairs.
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For complaints that were originally heard by the Director of Judicial Affairs or the Standing Disciplinary Board, the Vice President for Student Development or his/her designee will review the appeal.
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An appeal will be limited to review of the verbatim record of the initial hearing and supporting documents. The appeal process will not include a new hearing, except as required to explain the basis of new information as follows:
- If new information is brought forward that was not available at the time of the hearing, the student may be called to present and discuss this information.
- If it is found that the student’s due process rights were violated, a new case will be heard by the Vice President’s designee.
Grounds for Appeal
The written appeal must address at least one of the following to be considered:
- A procedural error so substantial that it affected the fundamental fairness of the hearing.
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Significant information, unavailable during the original hearing that could be outcome determinative.
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The sanction imposed was arbitrary or grossly disproportionate to the severity of the offense.
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The decision does not accord with the information or evidence presented.
The appeals officer may support or change a decision, as well as decrease a sanction as appropriate. Sanctions may never be increased. The reviewing body will be deferential to the original decision maker, making changes to the finding only where there is clear error and to the sanction only if a compelling justification to do so exists. Students are limited to one appeal for each hearing.
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How do I proceed with an appeal?
· Again, from the Code of Student Conduct:
Appeal Process for Cases Adjudicated by Residence Hall Directors
and Administrative Hearing Officers
- 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.
- For cases that were heard by residence hall directors, the appeal
will go to the Director of Judicial Affairs.
- 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.
- 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:
- 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.
- 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.
- The individual
who reviewed the appeal will respond to the appeal in writing.
- 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.
- If the appeal is upheld, sanctions may be reduced but may not be
increased.
- Students are limited to one appeal for each hearing.
Appeal Process for Cases Adjudicated by Standing Disciplinary Board:
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.
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:
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.
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.
The records will be reviewed by the Vice
President for Student Development or his/her designee.
The Vice President or his/her designee will
respond to the appeal in writing.
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.
If the appeal is upheld, sanctions may be reduced
but may not be increased.
Students are limited to one appeal for each
hearing.
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What happens if I don't complete a condition of
the judicial hearing decision?
· Failure to complete a sanction, condition, and/or restriction may
result in an administrative flag being placed on your record. It may also
result in an additional code of conduct violations (Failure to Comply). If there is an administrative hold on your records,
you may not drop or add classes, receive your grade, and in some cases, receive
transcripts from the University.
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What happens if I get in trouble again?
· It depends. It will depend on what your previous violation(s) were,
your previous outcomes (decision) and if you are currently on
General College Probation or Residence Hall Probation. If you have
completed any conditions and/or restrictions associated with your
sanction, and you are currently in good standing, your previous history
may not matter. Generally speaking, each case is heard on an individual
basis, and your previous history only come into play if you "get in
trouble" while your behavior is being monitored for additional instances
of misconduct.
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What happens if I go somewhere that I am restricted from?
· It could result in and additional violation of the Code of Student
Conduct, which could result in additional sanctions, conditions, and/or
restrictions, and if you violate a criminal trespass order, you could be
arrested on the spot.
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