Rights and Responsibilities
CODE OF RIGHTS AND RESPONSIBILITIES
FOR SOCIAL GREEK LETTER ORGANIZATIONS
Increased student interest in social Greek Letter Organizations
during the past several years has caused the College at Oneonta to examine
both the positive and negative aspects of their existence. Greek Letter
Organizations can contribute scholarship, community service, good citizenship,
and high moral standards. They can also do great harm to the College’s
mission, however, when they foster negative behaviors, i.e., alcohol abuse
Because of both the positive and negative potential inherent in the activities
of Greek Letter Organizations and in view of the continuing if not increased
student interest in belonging to such groups, it is necessary that the
College formally recognize their existence. To treat such groups as if
they do not exist will neither capitalize upon their potential for positive
activity nor enable formal sanctions for negative behaviors. The following
Code of Rights and Responsibilities will clarify future expectations in
both respects and codify de jure what heretofore has existed to a great
extent de facto:
PHASES OF THE GREEK RECOGNITION PROCESS
Phase I- Application B The initial letter of application
• Documentation of National Headquarters indicating interest for expansion
• Chapter founding principles
• Reason/justification for the new group which supports the mission of
• Chapter constitution
• Chapter advisor contact information
• Letter of recommendation from the chapter advisor supporting the group
• Officer Directory including addresses, phone numbers, and positions
• A complete membership list and grade release information
• Proof that group has a minimum 2.5 Grade Point Average
• Documentation of 100 hours of community service
• Chapter/National policies related to risk management & safety issues
• Any and all obligations of members including financial and personal
Phase II-Initial Application Review
• Initial applications for National Panhellenic Council (NPC) groups will
be reviewed by the Greek Advisor, Oneonta Panhellenic President, and Student
Development Committee. A recommendation reflective of this group will
be forwarded to the Vice President for Student Development for final approval.
• Initial applications for National Interfraternity Council (NIC) groups
will be reviewed by the Greek Advisor, Interfraternity Council President,
and Student Development Committee. A recommendation reflective of this
group will be forwarded to the vice president for Student Development
for final approval.
• Initial applications for National Pan-Hellenic Council (NPHC) or other
cultural groups will be reviewed by the Greek Advisor, Student Council
representative when a council is established, and Student Development
Committee. A recommendation reflective of this group will be forwarded
to the Vice President for Student Development for final approval.
Phase III-Interim Recognition Status
• Initial applications which successfully make the review process will
be given Interim Recognition status. This status will entitle the group
to attend the appropriate Interfraternity Council, National Panhellenic
Council, National Pan-Hellenic Council, and Inter Greek Council meetings.
These chapters will not have voting privileges until they receive complete
college recognition. Privileges of Interim Recognition status will include:
Participation in Exploration “xx”, Fall and Spring Weekends, Greek Olympics,
the Leadership Institute, and use of college facilities for chapter meetings
and group study hours. Interim group Chapter Presidents must meet bi-weekly
with a designee from the Greek Life Office to review their progress.
Phase IV-Recognition Status
• Interim groups will obtain Full Recognition status when they have completed
one year on Interim Recognition status and have met the minimum standards
outlined in the Code of Rights and Responsibilities for Greek Letter Social
Organizations. Groups who fail to meet the minimum standards through the
bi-annual evaluation process will be denied recognition and will need
to wait one calendar year before being able to begin Phase I of the Greek
recognition process. The bi-annual evaluation process is outlined in a
checklist, which can be requested from the Greek Advisor. Privileges of
Phase IV- Recognition status will include: All probationary privileges,
reservation privileges for showcases in the Hunt College Union, official
participation in intramurals, recognition displays around campus, recognition
by the college media when positive contributions are made to the College
and local community, and organizational letter displays in the dining
halls. Additionally, members will be recognized at the annual scholarship
reception, and the chapter will be eligible to be recognized as the Greek
Organization of the Year.
MINIMUM EXPECTATIONS FOR GREEK LETTER ORGANIZATIONS:
1. Membership in Greek Letter Organizations is only open to regularly
matriculated full-time students.
2. Only those students who have earned a minimum of 12 semester hours
with a minimum cumulative grade point average of 2.0 during matriculation
at a college campus will be eligible to become a new member.
3. Every member of Greek Letter Organizations must maintain a minimum
cumulative grade point average of 2.0 to be considered an active member.
Every chapter must reach a 2.5 cumulative grade point average or meet
the all women’s/men’s average and elect a scholarship chair. Any chapter
falling below a 2.5 will be placed on probation for the first year. They
must then increase their grade point average by .20 each semester or reach
the 2.5 cumulative grade point average the semester following to remain
recognized. A chapter that is on probation and does not make .20 progress
will lose college recognition. (Chapters who have 15 or fewer members
will be reviewed individually and a contract will be created to improve
4. Each Greek Letter Organization must submit and keep up to date a list
of active members, officers, and new members at the beginning of each
semester. Lists will include phone numbers, addresses, and student identification
numbers. Chapter Presidents and/or executive board members are expected
to update this information, with the exception of new member names, on
or before September 15 in the Fall and February 15 during the Spring.
Officer changes during the semester should be reported within 48 hours
to the Office of Greek Life. Bid acceptance cards must be on file in the
Office of Campus Life within 24 hours of bid acceptance.
5. Each Greek Letter Organization must submit the name, phone number,
and address of all chapter advisors and National Headquarter contacts
at the beginning of each semester to the Greek Advisor in the Office of
6. Prior to the beginning of each new member program all groups must submit
a daily outline of chapter new member programs to the Greek Advisor. A
form for the daily outline can be obtained in the Office of Campus Life.
New member programs shall not exceed six weeks in length.
7. Each chapter and all members must comply with state, local, federal
laws, and College policies, rules and regulations, including those related
to hazing, alcohol, and drugs. Presidents, Vice Presidents, and New Member
Educators are required to attend an anti-hazing workshop with the Greek
Advisor before the first recruitment event each semester. New members
are required to attend the mandatory anti-hazing workshop within a week
of bid acceptance. Failure to attend may disqualify an individual from
the recruitment process.
8. No Greek Letter Organization shall permit any practice in violation
of law or College policy, which deprives membership or guest privileges
to any person on the basis of race, creed, national origin, age, disability,
or sexual orientation.
9. At the beginning of each] new member period, chapters must have each
new member read and complete a pledge card indicating he/she understands
the following: The College’s Anti-Hazing Policy and the personal rights
and responsibilities attached to the policy; any and all obligations of
membership including financial and personal commitments; the agreement
to release his/her GPA data for the purpose of determining eligibility.
10. Each Greek Letter Organization must exercise responsible management
and financial integrity. Each organization is solely responsible for its
own financial, legal and contractual obligations. The College shall not
be held liable for misuse of group finances and debts.
11. Each chapter must maintain an environment for members that is conducive
to academic pursuits. Chapters should sponsor programs to encourage excellence
in the performance of its members, and not make demands that undermine
individuals’ efforts. Scholarship Chairs will be expected to offer at
least one workshop a semester on the following or related topics: Academic
success, stress reduction, study skills, academic integrity. Documentation
of the workshop must be submitted to the Office of Campus Life.
12. Greek Letter Organizations must always strive to maintain positive
relationships with the community. Maintaining the peace and respecting
the rights of others during the course of their activities must always
be a primary concern. In keeping with the spirit of positive community
relations, all Greek Letter Organizations will require community service
of its members. Chapters will be expected to complete two service projects
a year, one serving the community and one serving the College. Documentation
must be provided to the Office of Campus Life describing the project and
the names of the members in attendance. (At least 60% of the members must
be in attendance.)
13. Each Greek Letter Organization will participate in leadership programs
sponsored through the Office of Student Development. Chapters will be
expected to complete six leadership programs a year. Two of the programs
will be organized by the Greek Life Office for Chapter Presidents and
NPC/IFC/NPHC Leadership. The remaining four must be organized by the Chapter
and address issues such as: Health & Wellness, Alcohol & Drugs,
Diversity, Sexual Assault, or be an event co-sponsored by a non-Greek
group on campus. A resource appendix will be provided for the Chapter.
Documentation must be provided to the Office of Campus Life describing
the programs and listing the members who were in attendance.
14. Each Greek Letter Organization will adopt, maintain, and conduct business
in accordance with a constitution or set of bylaws. A copy of the chapter
constitution and bylaw must be submitted annually to the Greek Advisor
in the Office of Campus Life before September 15 and February 15.
15. Each Greek Letter Organization must have a faculty or staff advisor.
This requirement will become effective no more than one semester after
signing this code. Chapter Advisor names must be submitted to the Office
of Campus Life before September 15 and February 15. Changes during these
submission dates should be reported within 48 hours of the change in advisor.
16. All Greek Letter Organizations will participate in the appropriate
fraternal governance system(s). (Inter-Greek Council Standards Board and
Hazing Committee, Interfraternity Council, [and] National Panhellenic
Council, and the National Pan-Hellenic Council.)
17. The College does not encourage, and will not acknowledge, auxiliary
organizations affiliated with Greek Letter Organizations (Big Brother,
Little Sisters) since the formulation or sponsorship of any subservient
organization is not consistent with the mission of the College.
18. The Inter-Greek Council [(IGC)], the Interfraternity Council, the
National Panhellenic Council, and the National Pan-Hellenic Council respectively,
in cooperation with the Office of Student Development, will decide on
acceptable recruitment periods and specific [rush] recruitment rules.
New member programs will be no longer than six weeks each semester.
19. All men=s fraternities, who are members of the National Interfraternity
Council, will follow National Interfraternity (NIC) guidelines and policies
and their individual national headquarter guidelines and policies.
20. All women’s fraternities, who are members of the National Panhellenic
Conference, will follow National Panhellenic (NPC) guidelines and policies
and their individual national headquarter guidelines and policies.
21. All men’s and women’s fraternities, who are members of the National
Pan-Hellenic Council will follow National Pan-Hellenic (NPHC) guidelines
and policies and their individual national headquarter guidelines and
22. All Greek Letter Organizations to be considered for College recognition
beyond January 2000, other than Sigma Gamma Phi Sorority, Alpha Kappa
Phi Sorority, and Pi Delta Chi Sorority, must be affiliated with a national
fraternal organization. These three organizations are exempt because they
have had a long-standing relationship with the College before national
organizations were in existence and prior to revisions to this Code.
SERVICES PROVIDED BY THE COLLEGE FOR FULLY RECOGNIZED ORGANIZATIONS:
1. Greek Letter Organizations will have access to facilities through the
normal reservation process (rooms, showcases, bulletin boards, etc.).
2. Greek Letter Organizations will receive assistance in monitoring the
academic achievements of chapter members. The procedures established for
such monitoring must ensure confidentiality of student records and follow
standard College practice for the release of student records.
3. The Greek Letter Organizations will have the support of a Greek Advisor
who will implement programs, advise governance bodies, provide leadership
training, and handle administrative policy matters with student input.
4. The College, in compliance with the Code, will disseminate information
about the Greek Letter Organizations that are in compliance with the College
Code of Rights and Responsibilities using the Student Handbook, and other
5. Greek Letter Organizations may use the name of the College consistent
with College policy.
6. The College will establish a cooperative relationship with the Greek
Letter Organizations offices and their designated advisors/representatives.
While the College maintains ultimate authority over its students, the
National Greek Letter Organization offices and their designated advisors/representatives
will be consulted and be part of regular communication as appropriate.
7. Greek Letter Organizations may participate in intramurals, recreational,
and other social
opportunities on campus in cooperation with the Student Association.
8. A variety of programs will be available through the Division of Student
Development staff, which can be offered as chapter resources on topics
such as alcohol abuse,
eating disorders, sex role stereotypes, date rape, AIDS education, communication
in relationships, etc.
9. Grade point averages will be compiled every semester and recognition
will be given annually to the groups with the highest averages and those
10. Staff support and advisement will be given to the Greek governance
11. Faculty and staff will be encouraged to act as Chapter Advisors.
12. The Office of Campus Life in consultation with the Interfraternity
Council, National Panhellenic Conference , and National Pan-Hellenic Council
will distribute information regarding Greek Letter Organizations to incoming
13. Greek Letter Organization mailboxes will be provided in the Office
of Campus Life.
14. Designated rooms will be assigned for Chapter meetings and new member
study hours each semester through the Greek Advisor in the Office of Campus
GREEK LETTER ORGANIZATION
A JUDICIAL PROCESS
1. All Greek Letter Organizations recognized by the College are expected
to conform to the guidelines outlined in this document. Failure to do
so may result in sanctions up to and including suspension of College privileges.
After consultation with the NIC, NPC, and NPHC, sanctions for specific
violations will be developed by the administration. In addition, specific
sanctions may also be developed and imposed by self-regulating bodies
of the Interfraternity Council, National Panhellenic Council, National
Pan-Hellenic Council, and Inter-Greek Council.
2. All reports of alleged violations will be reported to the Greek Advisor
in the Office of Campus Life.
3. Minor infractions will be referred to the Greek Cultural Club Standards
Board or the Greek Cultural Club Hazing Committee.
4. Serious infractions will be referred to the Student [Affairs] Development
Division Hearing Officer. The officer will administratively hear the case
and take appropriate action or refer it to the Standing Disciplinary Board.
All Greek Letter Organizations on the College at Oneonta campus are members
of the Inter-Greek Council, Interfraternity Council, Panhellenic Council,
and the National Pan-Hellenic Council respectively. As stated in their
constitutions, the scope of authority for the Interfraternity Council,
[and] Panhellenic Council, and National Pan-Hellenic Council shall be
legislative, administrative, and advisory. By virtue of authority vested
in them by their constitutions, the councils shall have the power to regulate
matters of Interfraternal interest except those that involve institutional
policy, wherein the two councils are free to make recommendations to the
College. The Inter-Greek Council assumes authority over matters involving
[the Panhellenic Council, Pan-Hellenic Council, and the Interfraternity
Council. Sanctions shall be administered through the Inter-Greek Council
Standards Board and the Hazing Committee as stated in the Inter-Greek
CODE OF STUDENT CONDUCT
State University of New York College at Oneonta
1. The term College means The State University College at
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
"faculty member" means any person hired by the College to conduct
4.The term "College official" includes
any person employed by the College,
performing assigned administrative or
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
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
term "shall" is used in the imperative sense.
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
II: STUDENT CONDUCT
consistent with the aims of the Mission of the College and as citizens
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.
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.
Student deemed guilty of an act of academic dishonesty may, depending
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
is the Student's responsibility to read and understand the policy on all
academic dishonesty as published in this publication and the
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.
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.
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.
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.
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
• 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
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
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.
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.
• 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
• 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
• 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.
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 and/or
alcohol by students are
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
The following documents are available from the campus home page at 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
on Privacy and Use of Computer User Accounts and Electronic Mail
Guidelines for College at Oneonta World Wide Web Pages
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.
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.
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.
First Amendment protects the right to assemble and to petition, but it
that the right be peaceably exercised. The College will not tolerate
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
anti‑protestors) resort to the use of violence or physical interference,
officials may, without delay, invoke the use of legitimate authority to
goal of the College is to provide the best possible educational
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:
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.
DISORDERLY CONDUCT/HARASSMENT/ABUSIVE BEHAVIOR
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
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
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 Student Conduct 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.
FAILURE TO COMPLY
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.
FALSE ADMISSION APPLICATION
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.
FALSIFICATION OF INFORMATION
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, records or identification is prohibited.
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. This includes, but is not limited to the forced consumption of
liquor or drugs.
may be dismissed from the College when they have a health condition that
may endanger the health of other students, or themselves.
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.
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
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.
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.
RESIDENCE HALL LICENSE
living on campus or visiting a residence hall are required to comply with
all policies and procedures as outlined in the Residence Hall License.
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.
Assault can be defined as one or more of the following:
or coercing someone to have sexual intercourse. Rape most
the use or threat of force, violence, or immediate and unlawful
injury. The perpetrator does not need to use a weapon or produce
harm; threat of force, expressed or implied is itself sufficient to
the act as rape.
Rape also occurs
when the victim is incapable of giving legal consent because
less than 17 years of age
physically helpless, including drug or alcohol consumption
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.
Abuse: forcing or coercing a man or woman to engage in any sexual contact
other than intercourse under the circumstances mentioned above.
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.
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.
charged with sexual misconduct will be subject to College disciplinary
procedures, whether or not prosecution under New York State Criminal Statutes
will make every effort to be responsive and sensitive to the victims of
these serious crimes.
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 Student Conduct 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.
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 Student Conduct.
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.
Center ………………………... 436-3573
The Violence Intervention Program, The DomesticViolence/Sexual Assault 24 hr. hotline....................................................432-4855
Oneonta Police Department………........432-1111
Fox Memorial Hospital …….........431-5000
York State Police ………….........432-3211
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.
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.
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.
ARTICLE III: COLLEGE JUDICIAL
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 Student Conduct 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.
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 Student Conduct 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 Student Conduct or designee.
2. A student who is facing suspension and is
informed that the case will be heard by the Director of Student Conduct
may request in writing that the case be heard instead by the SDB. The written request should be submitted
to the Director of Student Conduct 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 againsthim/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.
1. Suspension means withdrawal from the College for a specified period of
time. If thestudent issuspended 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 Disciplinary
Board, the student may be suspended or expelled if he/she has been found
guilty of violating any other College regulation.
Hall Probation means that the student should understand that any future
residence hall policy violation will result in further judicial review.
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.
6. Restitution of property may be required when appropriate.
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 Student Conduct 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 Student Conduct.
3.For cases that were heard by the Director of Student Conduct 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
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
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
7.If the appeal is upheld, sanctions may be reduced but may not be
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:
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
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.
student demonstrates that a sanction that was imposed was inappropriate
for the violation of the Student Code that the student committed.
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:
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.
student who is accused of a violation shall be informed of the nature
of the evidence against him or her.
student who is accused and students who have made a complaint against
a student have the right to make statements and present witnesses.
who are accused will be made aware of all known testimony against them,
with written summary or copies available on request.
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.
student who has been accused has the right to remain silent and may
not be forced to incriminate himself/herself.
about violations of the Student Code will be based on the preponderance
Appeal Process for Cases Adjudicated
by the Standing Disciplinary Board
decision and/or a sanction may be appealed. The appeal must be in writing and should be delivered
to the Director of Student Conduct or designee within 5 class days
of the hearing.
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
the hearing by the SDB, the student may be called to present
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.
records will be reviewed by the Vice President for Student Development
or his/her designee.
Vice President or his/her designee will respond to the appeal in writing.
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.
the appeal is upheld, sanctions may be reduced but may not be increased.
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:
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.)
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.
student demonstrates that a sanction that was imposed was inappropriate
for the violation of the Student Code that the student committed.
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.
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
board will hear all disciplinary cases referred to it by the Student Development
(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 of the College is the final source
of appeal in all cases that have been heard by the Standing Disciplinary
Board. It is understood that until the Standing Disciplinary Board takes
action, 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. 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.
It is understood that the President's designee may or may not be a member
of the Student Development staff. In such cases, the student will be given
the opportunity to meet with the Vice President for Student Development
within 24 hours after the interim suspension to discuss the propriety
of the suspension.
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.
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.
(a) The Vice President for Student Development or his/her designee shall
serve as a consultant to the Board.
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.
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
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.
2. A student or student group has the right,
by request to the Director of Judicial
Affairs, to have reviewed
by the Disciplinary Board any action taken against
him/her or them
by any other board, committee or individual other than the President
of the College.
3. Any behavior on or off campus in which a student acts
in such a way as to adversely affect the campus, members of the campus
community, or its educational mission may be subject to
referral to the Disciplinary Board.
4. Any member of the College community may suggest to the Director of
Student Conduct that a student's case be referred to the
Disciplinary Board. This applies to any individual.
D. Due process procedures
for boards within the College judicial structure have been outlined in
a previous section. The student or student group under disciplinary consideration
shall be given explicit notice, preferably in writing, within 48 hours
of the time and place of a hearing and the specific offense(s) of which
he/ she or it is charged. Such notification shall be provided by the Director
of Student Conduct with duplicate copies sent to the chairperson of the
All testimony in a hearing shall be as direct as possible. If witnesses
cannot appear, written signedstatements
shall be secured from them. The signing of written statements shall be
witnessed by at least one other individual. Where possible, that witness
shall be the Director of Student Conduct.
F. Voting shall be by means of a secret ballot with a simple majority determining
the results. Where a penalty is imposed, the student shall be informed
explicitly of its nature and limits. The Student Development Office shall
be notified of the action taken in each case and shall be responsible
for insuring that the penalty be imposed. That office will present to
the student a written, detailed explanation of the penalty to be imposed
and the reasons for the finding(s).
G. An accurate record of all hearings, including the vote, shall be kept
in a confidential file. In cases of suspension or expulsion, a copy of
the hearing results shall be sent to Associate Vice President for Student
H. The Disciplinary Board shall have the authority to recommend penalties
as outlined in this code. When suspension or expulsion is indicated, the
Associate Vice President for Student Development will review the recommendation
and determine the final sanction.
I. The student or student group may appeal the actions of the Disciplinary
Board by presenting his/her or its appeal to the Vice President for Student
Development or his/her designee. The student shall be informed of his/her
or its right to such appeal.
A written description of the College judicial procedure shall be made
available to any student or group underdisciplinary
consideration. The following
penalties may be imposed by the Disciplinary Board:
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.
2. 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.
3. 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.
4. General 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.
5. 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.
6. 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.
Recommend restitution of property when appropriate.
K. There shall be
a single verbatim record, such as a tape recording, of all hearings before
a judicial body. The record shall be the property of the College.
The Standing Disciplinary Board may dismiss charges against the student
where it feels the original charges were not warranted.
Parents of all students under the age of twenty-one will be notified
for drug and alcohol on campus violations if a student is referred to
checkpoint, an alcohol/drug workshop. Additionally, notification will occur if a student is sanctioned
beyond residence hall probation for a drug or alcohol violation, and if
a student is referred to the College Standing Disciplinary Board.
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
A. Any question of interpretation regarding the Student Code shall be referred to the Vice President for Student Affairs or his/her/designee
for final determination.
B.The Student Code shall be reviewed annually under the direction
of the Director of
IV: ADDITIONAL POLICIES
State University of New York College at Oneonta will respond to each HIV
infection case as require by its particular facts. Persons with AIDS or
HIV infection will be assured of classroom attendance, work areas, residential
housing, access to public facilities and common areas. The College will
not tolerate cases of harassment where students or employees who are either
known to be or suspected of being HIV positive are subjected to emotional
and/or physical abuse. Confidential information concerning HIV infection
status will not be provided to any person, group, agency, insurer, employer,
or institution without the prior written consent of the person. The College
health service will observe public health requirements by reporting cases
of AIDS to the local public health authorities.
All visitors and guests on campus will be expected to conform to all College
and living center regulations. Those who do not will be required to leave
the campus. In the event of law violation or noncompliance with a request
to leave, he/she shall be considered a trespasser and the campus law enforcement
authorities will be notified.
Smoking is prohibited in all College buildings except in certain designated
areas. Such areas are identified by "Smoking Permitted" signs.
Areas without such signs should be understood to be no smoking areas.
Smoking is defined as the carrying or use of a lighted cigarette, cigar,
or other form of smoking device.
Nature of display shall
be approved by the appropriate college officer or
Each poster shall be
identified as to its sponsor.
Any member of the College
community may display any notice, poster, or petition providing it complies
with the above sections. (Commercial notices must be cleared through the
office of the Director of the College Union.)
Display of Flags or Banners
The College will display on its several campus, no flag or banner other
than the Flag of the United States, the Flag of the State of New York,
the United Nations Flag, and the Red Cross Flag, and the College will
not permit the display of any such other flag or banner requiring the
use of public facilities or premises of the College.
6. Class Attendance
are expected to attend all classes for which they are registered. Attendance
policies may be determined by the individual instructor. Hence, the professor
is the person directly responsible for notifying his/her students of attendance
requirements. Beyond that point, the primary responsibility for attendance
rests with the student.
It is also understood that students who miss work for whatever reason, however
legitimate, are responsible for that work. In other words, although an
absence may be excused in the sense of being officially explained, the
student is not excused from knowing course material or satisfying course
requirements. It is also apparent that at times an absence in itself may
mean that students have missed a part of the course experience that cannot
be duplicated. It is up to the instructor to determine the degree of make‑up
experience that is possible or necessary.
The main business of the College is instruction. Instruction takes precedence
over vacations, bus schedules, or personal convenience. Classes before
and after vacations are a significant part of instructional time. Instructors
include significant materials in these classes, and at their discretion
schedule examinations or other written assignments for those days.
Instructors are asked to give special consideration to students
who wish to be absent for reasons of religious observance. Instructors
are asked not to reschedule their classes to extend a vacation.
a.Attendance During the First Week of Classes
is the student's responsibility to indicate his/her intention to attend
each course for which he/she is registered. Therefore, a student must
attend the first class in each course, as well as the first laboratory
(if applicable) or the instructor may declare the student's place vacant,
give it to another student and report having done so to the Registrar's
an illness or unavoidable circumstance prevents the student from attending
the first class or the first laboratory, the student must notify the instructor
or the department office of his/her intention to attend the course. If
neither can be reached, then the student may ask the Student Development
Office to notify the instructor or the department office. Such notification
must occur during the first three class days of the semester.
b. Athletic Absences
on College athletic teams should not be required to attend class at times
that conflict with official intercollegiate athletic contests in which
their team is engaged. Neither should such students be penalized for athletic
absences by being denied the same opportunity to make up the work or demonstrate
competence that would be given any other student with legitimate reason
for absence, such as illness or a co-curricular field trip. Athletic absences
should be treated as legitimate absences.
STATEMENT ON DRUGS AND ALCOHOL
with the Drug Free Schools and Communities Act of 1989
College at Oneonta hereby prohibits the unlawful possession, use, or distribution
of illicit drugs and
by students and employees on our property or as any part of our institutional
The College will impose sanctions on students and employees who violate
this policy consistent with local, state, and federal law. Students will
be subject to the judicial procedures specified in this publication. Other
corrective action may include the completion of an appropriate rehabilitation
The College will interpret local, state, and federal regulations in the
strictest sense to assure a drug free work place.
The College, on an annual basis, will provide to each student and
employee information describing the health risks associated with the use
of illicit drugs and the abuse of alcohol.
The College is committed to offering employees and students counseling and/or
referral to the appropriate agencies for problems associated with drugs
and alcohol. For students, the campus Counseling Center is available for
confidential counseling and referrals.
Finally, the College at Oneonta commits to biennial reviews of our programs
associated with this statement to determine program effectiveness and
implement necessary changes. It is also our intention to assure consistent
applications of this policy to all students and employees alike.
Regulations Regarding Alcoholic Beverages
The College has an obligation to develop policies and procedures that reflect
our relationships to the larger Oneonta community and to New York State.
The campus alcohol policy has been revised because of legislative amendments
to the New York State Alcohol Beverage Control Law. The College will,
however, continue to stress the importance of alcohol education within
the campus community. As is true with any policy or regulation, voluntary
compliance is essential for its successful implementation.
While procedures have been developed for addressing violations of the campus
alcohol policy, respect for issues of student privacy and security from
unreasonable intrusions will be consistent with policy and past practice.
The College will comply with the requirements of the New York State Alcohol
Beverage Control Law. Amendments to the law provide that, "No person
under the age of 21 shall possess any alcoholic beverage with the intent
to consume such beverage." College regulations pertaining to this
law will be implemented in the following manner:
beverages are not permitted in residence halls and no events will be approved
in which alcohol will be served or consumed. Residents are subject to
all local and state laws concerning the use, possession, sale, and transportation
of alcoholic beverages.
policy prohibits open containers of alcoholic beverages in all outside
areas on the campus. Bringing alcoholic beverages to any public or private
event on campus is not permitted.
of the Hunt College Union Director, alcohol may be served at specifically
approved student functions under the application procedure described below.
These functions must be serviced only by the Organization of Ancillary
Services designated by the Hunt College Union Director. Beverage service
will be operated in accordance with federal, state, and local laws under
the license obtained by the Organization of Ancillary Services of the
State University of New York in Oneonta.
to Serve Alcohol
or organizations requesting alcohol service must do so by completing the
appropriate College Activity Registration forms and submitting them to
the Director or his/her designee, no later than 30 days before the proposed
event. The Director, in consultation with appropriate divisions of the
College and OAS, will inform the applicant of the decision within 48 hours
of the receipt of the application.
Violations (resulting from “occasional service” as outlined
of this policy will result in appropriate disciplinary sanctions up to
and including dismissal, as provided for under established College judicial
procedures. While students are subject to the provisions of campus alcohol
policy, the following information is provided regarding provisions of
the Alcohol Beverage Control Law:
are subject to a fine of up to $50 per offense, but are not subject to
arrest. Alcoholic beverages involved in alleged violations of this law
may be seized by authorized law enforcement officials, including campus
police officers. Disposal and destruction of seized alcoholic beverages
are also authorized but cannot be carried out until three days after the
initial appearance date, unless otherwise ordered by a court.
under the age of 21 who present falsified or fraudulently altered proofs
of age for the purpose of purchasing or attempting to purchase alcoholic
beverages are guilty of a violation, punishable by a fine up to $100 and
a community service requirement of up to 30 hours. Previously, violations
of this section were punishable only by the imposition of a one year probationary
period and a fine.
* A person
under the age of 21 who represents an altered New York State driver's
license for the purpose of illegally purchasing an alcoholic beverage
may be subject to a suspension of that driver's license for up to 90 days
and may also be required to apply to the Department of Motor Vehicles
for a restricted use driver's license following the suspension.
* No person
shall sell, deliver, give away, permit, procure to be sold, delivered,
or given away, any alcoholic beverages to any intoxicated person or any
person under the influence of alcohol.
who shall be injured in person, property, means of support or otherwise
by an intoxicated person, or by reason of the intoxication of any person,
whether resulting in his/her death or not, shall have a right of action
against any person who shall, by unlawfully selling to or unlawfully assisting
in procuring liquor for such intoxicated person, have caused or contributed
to such intoxication; and in any such action, such person shall have a
right to recover actual and exemplary damages.
host liability creates civil liability for anyone who knowingly furnishes
alcoholic beverages to any intoxicated person under the legal age of purchase
if intoxication results in injury or damages to a third party.
York State Education Law
New York State Education Law prohibits
hazing that involves the forced consumption of alcohol.
The drug problem on campus is complex and solutions to drug misuse
are difficult. Nevertheless, the possession, sale, or use of any illegal
drug on or off campus cannot be condoned.
addition to taking appropriate action on its own part, the College will
continue to cooperate with appropriate health and law enforcement agencies
in enforcing this regulation. No sanctuary for those who violate state
and federal narcotic laws will be provided by any agency or office of
this College. The penalties both on and off campus for the possession
and/or sale of illegal drugs are very severe.
College, through its Student Development Division, is committed to providing
the campus with an ongoing program dealing
with the problems related to drug abuse and aimed specifically at its
prevention through education.
The CHOICES (Choosing Healthy Options in the College Environment Successfully)
program is designed to reduce high risk use of alcohol and other drugs.
Students who wish to become active in planning, implementing, and facilitating
workshops regarding high risk use and related problems (safe sex, acquaintance
rape, family model of alcoholism, etc.) enroll in a two credit hour class
that give intensive training in a wide variety of substance abuse issues.
These students make up the Peer Education program and take their workshops
to residence halls, classrooms, clubs, and the Greek system. These workshops
are interactive, entertaining, and effective. Volunteers are also welcome
to join CHOICES as peer educators or as aides in special activities. Prevention
Theater is another component of the grant that may be seen during the
week of Orientation and is available throughout the semester to interested
Additionally, Dale Capristo is certified to teach OCTAA (On Campus Talking
About Alcohol), a highly lauded alcohol abuse prevention model, which
is receiving national attention for its effectiveness in reducing alcohol
use and abuse. If you require information regarding any aspect of CHOICES,
you may reach Dale Capristo at x2469.
and Health Risks of Drugs and Alcohol
Alcohol consumption causes a number of marked changes in behavior. Even
low doses significantly impair the judgment and coordination required
to drive a car safety, increasing the likelihood of an accident. Low to
moderate doses of alcohol also increase the incidence of a variety of
aggressive acts, including spouse and child abuse. Moderate to high doses
of alcohol cause marked impairments in higher mental functions, severely
altering a person's ability to learn and remember information. Very high
doses cause respiratory depression and death. If combined with other depressants
of the central nervous system, much lower doses of alcohol will produce
the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol
intake is like to produce withdrawal symptoms, including severe anxiety,
tremors, hallucinations, and convulsions. Alcohol withdrawal can be life
threatening. Long term consumption of large quantities of alcohol, particularly
when combined with poor nutrition, can also lead to permanent damage to
vital organs, such as the brain and liver.
Mothers who drink alcohol during pregnancy may give birth to infants with
fetal alcohol syndrome (FAS) or fetal alcohol effect (FAE). Both FAS and
FAE are the leading known cause of mental retardation, which is irreversible.
To prevent this syndrome, total abstinence from alcohol during pregnancy
is necessary. Alcohol should also be avoided if you are trying to become
pregnant, as significant damage may occur before pregnancy is discovered.
and the Body
Tobacco, commonly smoked through pipes, cigars, and cigarettes, can also
be chewed and inhaled in the form of snuff Nicotine is the active ingredient
in all forms of tobacco. Nicotine stimulates the heart and central nervous
system and is a power constrictor of small arteries. Insufficient oxygen
to the heart is the cause of heart attacks. Smoking causes the lungs and
bronchioles to be inflamed and congested. Possible health risks of tobacco
include arteriosclerosis, emphysema, chronic bronchitis, heart disease,
and lung cancer.
pot, grass, reefer, joint, Acapulco Gold, sinsemilla, Thai sticks, weed,
THC, Marinol, Hashish,
The psychoactive ingredient in marijuana is tetrahydrocannabinol (THC. The
amount of THC in a joint is what effects the user. THC is used medically
as an anti‑nauseant for cancer patients receiving chemotherapy.
Possible signs of use or abuse of cannabis include: increased heart and
pulse rate, bloodshot eyes, increased appetite, dryness in mouth and throat,
hallucinations, paranoia or panic, impaired memory, altered sense of time,
and decreased concentration, reaction time, and coordination.
Health risks include: damage to heart and lungs, damage to brain
nerve cells, lung cancer, memory disorders, interference with psychological
maturation, temporary loss of fertility in men and women, psychological
dependence, and bronchitis. For pregnant women, health risks are premature
births and low birth weights.
Drugs are lab-made versions of drugs that are designated controlled substances
under U.S. law. Under provisions
of the Controlled Substance Analog Act, designer drugs are illegal.
designer drugs included substitutes for heroin, amphetamines and hallucinogens,
including MDMA (“E”,”X”,”XTC,” ecstasy).
of designer drugs are often related to how the drugs are made as well
as how they are used. Base
chemicals such as phenyl acetic acid, formaldehyde, carbamate, acetic
anhydride, and others can build up to toxic levels in the labs. In the process of synthesizing some chemicals can poison the final
product-creating seizure-inducing forms of PCP for instance. Many times the chemist doesn’t know exactly what drug he’s created
until it’s been “tested” on real people and confirmed by medical examiners.
MDMA, MDA, XTC, ADAM, Rhapsody, E, X, ecstasy.
Risks associated with MDMA include the possibility of overdose
and related risk of hypothermia. Because MDA/MDMA are amphetamines tolerance develops quickly and
overdose is possible, liver damage and exhaustion can occur. The drugs are known to intensify heart problems. Research indicates there may be damage to brain cells that manufacture
the neurotransmitter serotonin.
There are risks connected to all night dancing and MDMA-dehydration;
heat exhaustion and dangerously high body temperature is the most common
serious. (Taking breaks to
cool off and drinking plenty of water will help alleviate the risk.
Charts I, II, and III, “A Matter of Facts,” prepared by the Minnesota
Prevention Resource Center, Minnesota Institute of Public Health, for
the Chemical Dependency Program Division, Minnesota Department of Human
ACTIONS CLASSIFIED BY TYPE OF DRUG
Possible Signs of Use/Abuse
Possible Health Risks of Use/Abuse
Alcohol (Brew, Juice, Liquor)
Barbituates (Downers, Barbs)
Benzodiazepines (Valium, Librium, Tranquilizer) taken each time to produce the same effect.
Chloral Hydrate ( Knock Out, Mickey Finn)
Glutehimide (Doriden) Ludes)
Depressants depress or slow down the central nervous system by relaxing muscles,
calming nerves and producing sleep. Alcohol is a depressant. Depressants
are composed of sedative-hypnotic and tranquilizer drugs. Depressants
are addictive. Users of depressants develop a tolerance to the drugs,
Meaning larger doses must be taken each time to produce the same
and drowsiness; lack of concentration; disorientation; loss of inhibitions;
lack of coordination; dilated pupils; slurred speech; weak and rapid
pulse; distorted vision; low blood pressure; shallow breathing;
staggering; clammy skin; fever, sweating; stomach cramps; hallucinations;
tremors; and delirium.
convulsions; addiction with severe withdrawal symptoms; coma, death
due to overdose. For pregnant women, the newborn may be dependent
and experience withdrawal or suffer from the birth defects and behavioral
Lysergic Acid Diethylamide (LSD)
Phencyclidine (PCP, Angel Dust)
Mescaline and Peyote (Mexc, Buttons, Cactus) confusion, paranoia, anxiety, unpleasant sensory
Amphetamine Variants (MDMA/Ectasy, MDA/Love drug, of the original drug experience without taking the
TMA DOM, DOB, PMA, STP, 2.5‑DMA
Phencyclidine Analogues (PCE, PCPy, TCP)
Other Hallucinogens: Bufotenine, lbogaine, DMT, DET
Hallucinogens are psychedelic, mind altering,
drugs that affect a person’s perception, feelings, thinking, self-
awareness, and emotions. A “bad trip” may result in the user experiencing panic , confusion, paranoia,
anxiety, unpleasant sensory images, feelings, of helplessness, and
a loss of control. A “flashback’ is a reoccurrence of the original
drug experience without taking the drug again.
increased body temperature, heart rate and blood pressure; sweating,
loss of appetite, sleeplessness; dry mouth; tremors; hallucinations;
disorientation;confusion, paranoia;violence; euphoria; anxiety;
extreme hyperactivity; psychosis; convulsions; mental or emotional
Nitrite (Poppers, Snappers)
Nitrite (Rush, Bolt Bullet)
(Aerosol Sprays, Cleaning Fluids)
(Solvents, gasoline, Airplane Glue, Paint Thinner)
Oxide (Laughing Gas, Whippets)
Inhalants are substances that are breathed
or inhaled through the nose. Inhalants are depressants and depress
or slow down the body’s Functions. Inhalants are normally not thought
of as drugs because they are often common household or industrial
products. However, inhalants are often the most dangerous drugs
Euphoria and lightheadedness; excitability; loss
of appetite; forgetfulness; weight loss; sneezing; coughing, nausea
and vomiting; lack of coordination; bad breath; red eyes; sores
on nose and mouth; delayed reflexes; decreased blood pressure; flushing
(skin appears to be reddish); headache; dizziness; and violence.
damage to the nervous system and body tissues; damage to liver and
brain; heart failure; respiratory arrest; suffocation; unconsciousness;
seizures; heart failure; sudden sniffing death.
(H, Harry, Junk, Brown Sugar, Smack)
(Morpho, Miss Emma)
Narcotics: Percodan, Talwin Lotomil, Carvon, Numporphan, Percocet,
Tylox, Tussionex, Fentanyl
Narcotics are composed
of opiates and synthetic drugs. Opiates are derived from the seed
pod of the Asian poppy. Synthetic drugs called popiods are chemically
developed to produce the effects of opiates. Initially, narcotics
stimulate the higher centers of the brain, but then slow down the
activity of the central nervous system. Narcotics relieve pain and
induce sleep. Narcotics, such as Heroin, are often diluted with
other substances (i.e. water, sugar) injected. Other Narcotics are
extremely addictive. Users of narcotics develop a tolerance to the
drugs, meaning larger doses must be taken each time to produce the
Euphoria; restlessness and
lack of motivation; drowsiness; lethargy; decreased pulse rate;
constricted pupils; flushing (skin appears reddish); constipation;
nausea and vomiting; needle marks on extremities; skin abscesses
at injection sites; shallow breathing; watery eyes; and itching
Pulmonary edema; respiratory
arrest; convulsions; addiction; coma; death due to overdose. For
users who share or use unsterile needles to inject narcotics: tetanus,
hepatitis, AIDS. For pregnant women: premature births, stillbirth,
and acute infections among newborns.
(Roids Juice, D-Ball)
Steroids may contribute to increases in body weight and muscular strength.
Anabolic – Androgenic steroids are chemically related to the male
sex hormone testosterone. Anabolic means to build up the muscles
and other tissues of the body. Androgenic refers to the development
of male sex characteristics. Steroids are injected directly into
the muscle or taken orally.
in muscle and weight; increase in aggression and combativeness;
violence (“roid rage”); hallucinations; jaundice; purple or red
spots on body, inside mouth or nose; swelling of feet or lower legs
(edema); tremors; and bad breath. For women, breast reduction, enlarged
clitoris, facial hair and baldness, deepened voice. For men: enlarged
nipples and breasts, testicle reduction, enlarged prostate, baldness.
blood pressure; liver and kidney damage; heart disease; increased
risk of injury to ligaments and tendons; bowel and urinary problems;
gallstones and kidney stones; liver cancer. For women, menstrual
problems. For men, impotence and sterility. For users who share
or use unsterile needles to inject steroids: hepatitis, tetanus,
(Uppers, Pep Pills)
(Coke, Flake, Snow)
(Ice, Crank, Crystal)
( Preludin, Preludes)
Stimulants: Adpix, Cylert, Didres, Ionamin, Mefiat, Plegine, Sanorex,
Tenuate, Tepanil, Prelu-2
Stimulants stimulate the central nervous system,
increasing alertness and activity. Users of stimulants develop a
tolerance, meaning larger doses must be taken to get the same effect.
Stimulants are psychologically addictive.
Increased alertness; excessive
activity; agitation; euphoria; excitability; increased pulse rate,
blood pressure and body t Increased alertness; excessive activity;
agitation; euphoria; excitability; increased pulse rate, blood pressure
& body temperature; insomnia, loss of appetite; sweating dry
mouth and lips; bad breath; disorientation; apathy; hallucinations;
irritability; & nervousness.
Headaches; depression; malnutrition;
hypertension; psychosis; cardiac arrest; damage to the brain and
lungs; convulsions; coma; death.
CONTROLLED SUBSTANCES CRIME AND PENALTIES IN NEW YORK STATE
Class A-1 Felony: 15-25 years minimum; life term maximum
Possession: 4 oz. Narcotic
Drugs (Opiates, Heroine, Morphine, Opium derivatives, codeine, coca leaves,
cocaine, other drugs listed in Public Health Law 3306 Sch. 1 (b), (c); II (b) and (c)
excluding Methadone); 5760 mg. Methadone.
Sale: 2 oz. Narcotic Drugs;
2880 mg. Methadone
Class A-II Felony: 3-8 H years minimum; life term maximum
Possession: 2 oz. Narcotic
Drugs; 2880 mg. Methadone; 10 gm. Stimulants (Fenethylline, N-ethylamphetamine,
Amphetamine, Methamphetamine [ 2 oz.]); 25 mg. LSD; 625 mg. Hallucinogens (DOM,
STP,N- Methyl-3- Piperidyl Benzilate, Psilocybin,Psilocybin, Psilocyn, Tetrahydrocannabinols, Ethylamine analog
of (PCP); 25 gm.
Substances ( DMA, PMA, DET, DMT, LSD, Marijuana, Mescaline Peyote).
Sale: ½ oz. Narcotic Drugs
360 mg. Methadone; 5 gm. Stimulants; ½ oz. Methamphetamine; 5 mg. LSD;
5 gm. Hallucinogenic Substances.
Class B. Felony: 1-8 H years Minimum; 3-25 years maximum
Possession: ½ oz. Narcotic
Drugs; 5 gm. Stimulants; ½ oz. Methamphetamine; 5 mg. LSD; 1250 mg.
(PCP); 125 mg. Hallucinogens; 5 mg. Hallucinogenic Substances.
Sale: Any amount of Narcotic
Drugs; any amount Narcotic Preparations; 1 gm. Stimulants; 1/8 oz. Methamphetamine; 1 mg. LSD; 250 mg. Phencyclidine (PCP);
25 mg. Hallucinogens; 1 gm. Hallucinogenic Substances.
Class C Felony: Maximum 15 years prison
Possession 1/8 oz. Narcotic
drugs; 2 oz. Narcotic Preparations; 360mg. Methadone; 1 oz. Concentrated
Cannabis; 1 gm. Stimulants; ½ oz. Methamphetamine; 1 mg. LSD; 250 mg. PCP; 25 mg. Hallucinogens; 1gm. Hallucinogenic Substances;
10oz. Dangerous Depressants (Methaqualone; Phencyclidine; Amobarbital,
Glutethmide, Pentobarbital, Secobarbital, Barbital, Methoexital, Mephobarbital,
Phenobarbital); 2 lb. Depressants (items in P.H.L. 3306* , Sch . IV [c]
not listed above), 10 lbs. aggregate Marijuana.
Sale: Any amount Narcotic
Preparations, Methadone, Concentrated Cannabis; ( to persons 19 yrs. on
school ground, any amount Stimulants, Methamphetamines;, LSD, PCP, Hallucinogens, Hallucinogenic Substances,
Dangerous Depressants, Depressants); 50mg. PCP, 10 oz. Dangerous Depressants;
2 lb. Depressants; more than 16 oz. Marijuana.
Class D Felony: Maximum 7 years prison
Possession: 500 mg. Cocaine,
½ oz. Narcotic Preparations; ¼ oz. or more Concentrated Cannabis; 50mg. PCP, 16 oz. aggregate Marijuana.
Sale: Any amount Stimulants;
Methamphetamines; LSD; PCP; Hallucinogens; Hallucinogenic Substances;
Dangerous Depressants; Depressants; more than 4 oz. of Marijuana; any
amount to a person under 18 years old Marijuana.
Class E Felony: Maximum 4 years prison
Possession: 8 oz. aggregate**
Sale: 25 gm. Aggregate**
Class A Misdemeanor: Maximum 1 year prison or $1,000 fine
amount of Narcotic Drugs; narcotic preparations; Methadone; concentrated
Cannabis; Stimulants; Methamphetamines; LSD; PCP; Hallucination; Hallucinogenic
Substances; Dangerous Depressants; Depressants; Marijuana.
Class B Misdemeanor: Maximum 3 months prison or $500 fine
Possession: Any amount Marijuana
exposed in a public place; 25 gm. Marijuana otherwise.
Sale: 2 gm. or 1 joint Marijuana.
Health Law 3306- available from Public Safety
Aggregate is the gross weight of material in which “pure” marijuana is contained.
SUBSTANCES CRIMES AND PENALTIES UNDER FEDERAL LAW
Possession: 100 grams or more methamphetamine or kilogram or more methamphetamine
mixture, 1 kilogram or more heroin mixture, 5 kilograms or more cocaine
mixture, 50 grams or more crack mixture, 100 grams or more PCP or 1 kilogram
or more PCP mixture, 10 grams of more LSD mixture, 400 grams or more Fentanyl
mixture, 100 grams or more Fentanyl analogue mixture, 1000 or more marijuana
Offense: 0 to life, 10 year mandatory minimum; if death or serious injury, 20 year
minimum; up to $4 milliom fine individual, $10 million other than individual.
Offense: 0 to life, 20 year mandatory minimum; if death or serious injury, not
less than life; up to $8 million fine individual, $20 million other than
Possession: 10-99 grams methamphetamine or 100-999 grams methamphetamine mixture,
100-999 grams heroine mixture, 500-4999 grams cocaine mixture, 5-49 grams
crack mixture, 10-99 grams PCP or 100-999 grams PCP mixture, 1-10 grams
LSD mixture, 4-399 grams Fetanyl, 10-99 grams Fetanyl analogue, 100-1000
kilograms marijuana, 100-1000 marijuana plants.
Offense: 0 to 40 years, 5 year mandatory minimum; if death or serious injury, 20
year minimum; up to $ 2 million fine individual, $ 5 million other than
Offense: 0 to life, 10 year mandatory minimum; if death or serious injury, not
less than life; up to $ 4 million fine individual, $ 10 million other
Possession: Any amount of other Schedule I and Schedule II Controlled Substances, 50-100
kilograms marijuana, 50-99 marijuana plants, 10-100 kilograms hashish,
1-100 kilograms hashish oil.
Offense: 0 to 20 years; if death or serious injury, 20 year minimum, not more than
life; up to $1 million fine individual, $ 5 million other than individual.
Offense: 0to 30 years; if death or serious injury, not less than life; up to $
2 million fine individual, $ 10 million other than individual.
Possession: Any amount of Schedule IV Controlled Substances.
Offense: 0 to 3 years; up to $ 250,000 fine individual, $ 1 million other than
Offense: 0 to 6 years; up to $ 500,000 fine individual, $ 2 million other than
Any amount of Schedule V Controlled Substances.
Offense: 0 to 1 year; up to $ 100,000 fine individual, $ 250, 000 other than individual.
Offense: 0 to 2 years; up to $ 200, 000 fine individual, $ 500, 000 other than
addition to the above penalties for controlled substances crimes, Federal
law provides for: (1) forfeiture of personal and real property used to
possess or to facilitate possession of a controlled substance if that
offense is punishable b more than one year imprisonment; (2) forfeiture
of vehicles, boats, aircraft or any other conveyance used to transport
or conceal a controlled substance; (3) a civil fine of up to $10,000 (pending
adoption of final regulations); (4) denial of Federal benefits, such as
student loans, grants, contracts, and professional and commercial licenses,
up to 1 year for first offense, up to 5 years for second and subsequent
offenses; (5) ineligibility to receive or purchase a firearm; and (6)
revocation of certain Federal benefits, e.g. pilot licenses, public housing
tenancy, etc., as determined by individual Federal agencies.
APPENDIX B: BIAS
Crimes and the Law
is a State University of New York at Oneonta Police mandate to protect all
members of the Oneonta community by preventing and prosecuting bias or hate
crimes that occur within the campus’s jurisdiction.
crimes, also called bias crimes or bias-related crimes, are criminal activity
motivated by the perpetrator's bias or attitude against an individual victim
or group based on perceived or actual personal characteristics, such as
their race, religion, ethnicity, gender, sexual orientation, or disability.
Hate/bias crimes have received renewed attention in recent years, particularly
since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and
the New York State Hate Crimes Act of 2000 (Penal Law Article 485).
Copies of the New York law are available from the University Police.
for bias-related crimes are very serious and range from fines to imprisonment
for lengthy periods, depending on the nature of the underlying criminal
offense, the use of violence or previous convictions of the offender.
Perpetrators who are students will also be subject to campus disciplinary
procedures where sanctions including dismissal are possible.
addition to preventing and prosecuting hate/bias crimes, State University
of New York at Oneonta Police also assist in addressing bias-related activities
that do not rise to the level of a crime. These activities, referred to
as bias incidents and defined by the University as acts of bigotry, harassment,
or intimidation directed at a member or group within the Oneonta community
based on national origin, ethnicity, race, age, religion, gender, sexual
orientation, disability, veteran status, color, creed, or marital status,
may be addressed through the State University’s Discrimination Complaint
Procedure or the campus conduct code. Bias incidents can be reported
to University Police as well as to Office of Human Resources, the Office
of Multicultural Student Affairs, and/or the Office of Student Conduct.
you are a victim of, or witness to, a hate/bias crime on campus, report
it to University Police by calling 911 in an emergency, using a Blue Light
or other campus emergency telephone or stopping by any of the office mentioned
above. University Police will investigate and follow the appropriate adjudication
of bias crime or bias incidents can avail themselves of counseling and support
services from the campus by contacting the Counseling Center at 436-3368.
general information on Oneonta State’s security procedures, or about bias-related
and bias crimes, including up-to-date statistics on bias crimes visit www.oneonta.edu,
or call the University Police department at 607.436.3550.
APPENDIX C: Board of Trustees SUNY Maintenance Of Public Order Statutory Authority
Education Law 6450
and Regulations for the Maintenance of Public order on Premises of State
Operated Institutions of the State University of New York.
1.Statement of purpose. The following rules are adopted in compliance with
section 6450 of the Education Law and should be filed with the Commissioner
of Education and the Board of Regents on or before July 20, 1969, as required
by that section. Said rules shall be subject to amendment or revision and
any amendments or revisions thereof shall be filed with the Commissioner
of Education and Board of Regents
within 10 days after adoption. Nothing herein is intended , nor shall it
be construed, to limit or restrict the freedom of speech or peaceful assembly.
Free inquiry and free expression are indispensable to the objectives of
a higher educational institution. Similarly, experience has demonstrated
that the traditional autonomy of the educational institution (and the accompanying
institutional responsibility for the maintenance of order) is best suited
to achieve these objectives. These rules shall not be construed to prevent
or limit communication between and among faculty, students, and administration,
or to relieve the institution of its special responsibility for self-regulation
in the preservation of public order. Their purpose is not to prevent or
restrain controversy and dissent, but to prevent abuse of the rights of
others and to maintain that public order appropriate to a college or university
campus without which there can be no intellectual freedom and they shall
be interpreted and applied to that end.
2.Application of rules. These rules shall apply to all State operated institutions
of the State University except as provided in Part 550 as applicable to
the State University Maritime College. These rules may be supplemented by
additional rules for the maintenance of public order heretofore or hereafter
adopted for any individual institution, approved and adopted by the State
University trustees and filed with the Commissioner of Education and Board
of Regents, but only to the extent that such additional rules are not inconsistent
herewith. The rules hereby adopted shall govern the conduct of student,
faculty and other, licensees, invitees and all other persons, whether or
not their presence is authorized, upon the campus of any institution to
which such rules are applicable and also upon or with respect to any other
premises or property, under the control of such institution, used in its
teaching, research, administrative, service, cultural, recreational, athletic
and other programs and activities; provided, however, that charges against
any student for violation of these rules on the premises of any such institution
other than the one at which he/she is in attendance shall be heard and determined
at the institution in which he/she is enrolled as a student.
3.Prohibited Conduct. No person, either singly or in concert with others, shall:
(a) willfully cause physical injury to any other person, nor threaten
to do so for the purpose of compelling or inducing such other person to
refrain from any act that he/she has a lawful right to do or to do any act
that he/she has a lawful right not to do;
(b) physically restrain or detain any person, not remove such person,
from any place where he/she is authorized to remain.
(c) willfully damage or destroy property of the institution or under
its jurisdiction, nor remove or use such property without authorization;
without permission, expressed or implied, enter into any private office
of an administrative officer, member of the faculty or staff member;
(e) enter upon and remain in any building or facility for any purpose
other than its authorized uses or in such manner as to obstruct its authorized
use by others;
(f) without authorization, remain in any building or facility after
it is normally closed;
refuse to leave any building or facility after being required to do so by
an authorized administrative officer;
(h) obstruct the free movement of persons and vehicles in any place
to which these rules apply;
(i) deliberately disrupt or prevent the peaceful and orderly conduct
of classes, lectures and meetings or deliberately interfere with the freedom
of any person to express his/her views, including invited speakers;
(j) knowingly have in his/her possession upon any premises to which
these rules apply, any rifle, shotgun,
revolver or other firearm or weapon without written authorization of the
chief administrative officer, whether or not a license to possess the same
has been issued to such person;
willfully incite others to commit any of the acts herein prohibited with
specific intent to procure them to do so; or
(1) take any action, create or participate in the creation of, any
situation that recklessly or intentionally endangers mental or physical
health or that involves the forced consumption of liquor or drugs for the
purpose of initiation into or affiliation with any organization.
Freedom of speech and assembly; picketing and demonstrations.
No student, faculty or other staff member or authorized visitor shall be
subject to any limitation or penalty solely for the expression of his/her
views nor for having assembled with others for such purpose. Peaceful picketing
and other orderly demonstrations in public areas of ground and building
will not be interfered with. Those involved in picketing and demonstrations,
may not however, engage in specific conduct in violation of the provisions
of the preceding section.
In order to afford maximum protection to the participants and to the institutional
institution of the State University shall promptly adopt and promulgate,
and thereafter continue in effect as revised from time to time, procedures
appropriate to such institution for giving of reasonable advance notice
to such institution of any planned assembly, picketing or demonstration
upon the grounds of such institution, its proposed locate and intended purpose,
provided, however, that the giving of such notice shall not be made a condition
precedent to any such assembly, picketing or demonstration and provided,
further, that this provision shall not supersede or preclude the procedures
in effect at such institution for obtaining permission to use the facilities
Penalties. A person who shall violate any of the provisions of these rules
(or the rules of any individual
supplementing or implementing these rules) shall:
(a) if he/she is a licensee or invitee, have his/her authorization to remain
upon the campus or other property withdrawn and shall be directed to leave
the premises. In the event of his/her failure or refusal to do so, he/she
shall be subject to ejection.
(b) if he/she is a trespasser or visitor without specific license or
invitation, be subject to ejection.
(c) if he/she is a student, be subject to expulsion or such lesser disciplinary
action as the facts of the case may warrant, including suspension, probation,
loss of privileges, reprimand or warning.
(d) if he/she is a faculty member having a term or continuing appointment,
be guilty of misconduct and be subject to dismissal or termination of his/her
employment or such lesser disciplinary action as the facts may warrant including
suspension without pay or censure.
(e) if he/she is a staff member
in the classified service of the civil service, described in section 75
of the Civil Service Law, be guilty of misconduct, and be subject to the
penalties prescribed in said section.
(f) if he/she is a staff member other than one described in subdivisions
(d) and (e), be subject to dismissal, suspension without pay or censure.
(a) The chief administrative officer or his/her designee shall inform any
licensee or invitee who shall violate any provisions of these rules (of
the rules of any individual institution supplementing or implementing these
rules) that his/her license or invitation is withdrawn and shall direct
him/her failure or refusal to do so, such officer shall cause his/her ejection
from such campus or property.
(b) In the case of any other violator, who is neither a student not faculty
or other staff member, the chief administrative officer or his/her designee
shall inform him/her that he/she is not authorized to remain on the campus
or other property of the institution and direct him/her to leave such premises.
In the event of his/her failure or refusal to do so, such officer shall
cause his/her ejection from such campus or property. Nothing in this subdivision
shall be construed to authorize the presence of any such person at any time
prior to such violation nor to affect his/her liability to prosecution for
trespass or loitering as prescribed in the Penal Law.
(c) In the case of a student, charges for violation of any of these rules
(or of the rules of any individual institution supplementing or implementing
these rules) shall be presented and shall be heard and determined in the
manner hereinafter provided in section 535.9 of this Part.
(d) In the case of a faculty member having a continuing or term appointment,
charges of misconduct in violation of these rules (or the rules of any individual
institution supplementing or implementing these rules) shall be made, heard
and determined in accordance with title D or Part 338 of the policies of
the Board of Trustees.
(e) In the case of any staff member who holds a position in the classified
civil service, described in section 75 of the Civil Service Law, charges
of misconduct in violation of these rules (or of the rules of any individual
institution supplementing or implementing these rules) shall be made, heard
and determined as prescribed in that section.
(f) Any other faculty or staff member who shall violate any provision of
these rules (or the rules of any individual institution supplementing or
implementing these rules) shall be dismissed, suspended or censured by the
appointing authority prescribed in the policies of the Board of Trustees.
(a) The chief administrative officer shall be responsible for the enforcement
of these rules (or the rules of any individual institution supplementing
or implementing these rules) and he/she shall designate the
officers who are authorized to take action in accordance with such rules
when required or appropriate to carry them into effect.
It is not intended by any provision herein to curtail the
right of students, faculty or staff to be heard on any matter affecting
them in their relations with the institution. In the case of any apparent
violation of these rules (or the rules of any individual institution supplementing
or implementing these rules) by such persons, which, in the judgment of
the chief administrative officer or his/her designee, does not pose any
immediate threat of injury to person or property, such officer may make
reasonable effort to learn the cause of the conduct in question and to persuade
those engaged therein to desist and to resort to permissible methods for
the resolution of any issue that may be presented. In doing so, such officer
shall warn such persons of the consequences of persistence in the prohibited
conduct, including their ejection from any premises of the institution where
their continued presence and conduct is in violation of these rules (or
the rules of any individual institution supplementing or implementing these
(c) In any case where violation of these rules (or the rules of any individual
institution supplementing or implementing these rules) does not cease after
such warning and in other cases of willful violation of such rules, the
chief administrative officer or his/her designee shall cause the ejection
of the violator from any premises that he/she occupies in such violation
and shall initiate disciplinary action as hereinbefore provided.
(d) The chief administrative officer or his/her designee may apply to the
public authorities for any aid that he/she deems necessary in causing the
ejection of any violator of these rules (or the rules of any individual
institution supplementing or implementing these rules) and he/she may request
the State University counsel to apply to any court of appropriate jurisdiction
for an injunction to restrain the violation or threatened violation of such
8. Communication. In matters of the sort to which these rules are addressed,
full and prompt communication among all components of the institutional
community, faculty, students and administration, is highly desirable. To
the extent that time and circumstances permit, such communication should
precede the exercise of the authority, discretion and responsibilities granted
and imposed in these rules. To these ends, each State operated institution
of the State University shall employ such procedures and means, formal and
informal, as will promote such communication.
Notice, hearing and determination of charges against students.*
(a) The term chief administrative officer, as used in these rules, shall
be deemed to mean and include any person authorized to exercise the powers
of the incumbent and for purposes of this section shall also include any
designee appointed by said officer.
(b) Whenever a complaint is made to the chief administrative officer of
any State operated institution of the University of a violation by a student
or students of the rules prescribed in this Part (or any rules adopted by
an individual institution supplementing or implementing such rules) or whenever
he/she has knowledge that such a violation may have occurred, if any, and
of other persons having knowledge of the facts reduced to writing. If he/she
is satisfied from such investigation and statements that there is reasonable
ground to believe that there has been such a violation, he/she shall prepare
or cause to be prepared charges against the student or students alleged
to have committed such violation, which shall state the provision prescribing
the offense and shall specify the ultimate facts alleged to constitute such
(c) Such charges shall be in writing and shall be served on the student
or students named therein by delivering the same to him/her or them personally,
if possible, or, if not, by mailing a copy of such charges by registered
mail to such student or students at his/her or their usual place or places
of abode will attending college and also to his/her or their home address
or addresses, if different.
(d) The notice of charges so serviced shall fix a date for hearing thereon
not less than 10 or more than 15 days from the date of service, which shall
be the date of mailing where necessary to effect service by mail. Failure
to appear in response to the charges on the date fixed for hearing, unless
there has been a continuance for good cause shown, shall be deemed to be
an admission of the facts stated in such charges and shall warrant such
action as may then be appropriate thereon. Before taking such action, the
hearing committee, herein after referred to, shall give notice to any student
who has failed to appear, in the manner prescribed in subdivision (c), of
its proposed findings and recommendations to be submitted to the chief administrative
officer and shall so submit such findings and recommendations 10 days thereafter
unless the student has meanwhile shown good cause for his/her failure to
appear, in which case a date for hearing shall be fixed.
(e) Upon demand at any time before or at the hearing, the student charged
or his/her representative, duly designated, shall be furnished a copy of
the statements taken by the chief administrative officer in relation to
such charges and with the names of any other witnesses who will be produced
at the hearing in support of the charges; provided, however, that this shall
not preclude the testimony of witnesses who were unknown at the time of
(f) The chief administrative officer may, upon the services of charges,
suspend the student named therein, pending the hearing and determination
thereof whenever, in his/her judgment, the continued presence of such student
would constitute a clear danger to himself/herself or to the safety of persons
or property on the premises of the institution or would pose an immediate
threat of disruptive interference with the normal conduct of the institution's
activities and functions; provided, however, that the chief administrative
officer shall grant an immediate hearing on request of any student so suspended
with respect to the basis for such suspension.
(g) There shall be constituted at each State operated institution, a hearing
committee to hear charges against such students or violation of the rules
for maintenance of public order prescribed by or referred to in this Part.
Such committee shall consist of three members of the administrative staff
and three members of the faculty, designated by the chief administrative
officer, and three students who shall be designated by the members named
by the chief administrative officer. Each such member shall serve until
his/her successor or replacement has been designated. No member of the committee
shall serve in any case in which he/she is a witness or is or has been directly
involved in the events upon which the charges are based. In order to provide
for cases where there may be such a disqualification and for cases of absence
or disability, the chief administrative officer shall designate an alternate
member of the administrative staff and an alternate member of the faculty,
and his/her principal designees shall designate an alternate student member,
to serve in such cases. Any five members of the committee may conduct hearings
and make findings and recommendations as hereinafter provided. At any institution
where the chief administrative officer determines that the number of hearings
that will be required to be held is, or may be, so great that they cannot
otherwise be disposed of with reasonable speed, he/she may determine that
the hearing committee shall consist of six members of the administrative
staff and six members of the faculty to be designated by him/her and of
six students who shall be designated by him/her. In such event, the chief
administrative officer shall designate one of such members as chairperson
who may divide the membership of the committee into three divisions, each
to consist of two members of the administrative staff, two faculty members
and two students and may assign charges among such divisions for hearing.
Any four members of each such division may conduct hearings and make recommendations
as hereinafter provided.
(h) The hearing committee shall not be bound by the technical rules of evidence,
but may hear or receive any testimony or evidence that is relevant and material
to the issues presented by the charges and that will contribute to a full
and fair consideration thereof and determination thereon. A student against
whom the charges are made may appear by and with representatives of his/her
choice. He/she may confront and examine witnesses against him/her and may
product witnesses and documentary evidence in his/her own behalf There may
be present at the hearing: the student charged and his/her representatives
and witnesses; other witnesses; representatives of the institutional administration;
and, unless the student shall request a closed hearing, such other members
of the institutional community or other persons, or both, as may be admitted
by the hearing committee. A transcript of the proceedings shall be made.
(i) Within 20 days after the close of a hearing, the hearing committee shall
submit a report of its findings of fact and recommendations for disposition
of the charges to the chief administrative officer, together with a transcript
of the proceedings, and shall at the same time transmit a copy of its report
to the student concerned or his/her representative. Within 10 days thereafter,
the chief administrative officer shall make his/her determination thereon.
Final authority to dismiss the charges or to determine the guilt of those
against whom they are made and to expel, suspend or otherwise discipline
them, shall be vested in the chief administrative officer. If he/she shall
reject the findings of the hearing committee in whole or in part, he/she
shall make new findings that must be based on substantial evidence in the
record and shall include them in the notice of his/her final determination,
which shall be served upon the student or students with respect to whom
it is made.
to charges for violation of the rules prescribed by or referred to in this
Part heretofore served that have not been finally determined within 60 days
after the adoption hereof, which charges shall be referred to the committee
constituted pursuant to said section 535.9 for determination in accordance
therewith and said section shall apply to all charges for violation of
such rules hereafter made, whether for violations hereto/ore or hereafter
Rules for organizations.
(a) Organizations. Organizations that operate on the campus of any State‑operated
institution or on the property of any State‑operated institution used
for educational purposes shall be prohibited from authorizing the conduct
described in subdivision (1) of Section 535.3 of this Part.
(b) Procedure. The chief administrative officer of each State‑operated
institution shall be responsible for the enforcement of this section, and,
as used herein, the term chief administrative officer shall include any
designee appointed by said officer.
(1) Whenever the
chief administrative officer has determined on the basis of a complaint
or personal knowledge that there is reasonable ground to believe that there
has been a violation of this section by any organization, the chief administrative
officer shall prepare or cause to be prepared written charges against the
organization, which shall state the provision prescribing the conduct and
shall specify the ultimate facts alleged to constitute such violation.
(2) Such written
charges shall be served upon the principal officer of the organization by
registered or certified mail, return receipt requested, to the organization's
current address and shall be accompanied by a notice that the organization
may respond in writing to the charges within 10 days of receipt of said
notice. The notice of charge so served shall include a statement that the
failure to submit a response within 10 days shall be deemed to be an admission
of the facts stated in such charges and shall warrant the imposition of
the penalty described in subdivision (c) of this section. The response shall
be submitted to the chief administrative office and shall constitute the
formal denial or affirmation of the ultimate facts alleged in the charge.
The chief administrative officer may allow an extension of the 10 day response
(3) Upon written request by an authorized representative of the organization,
the chief administrative officer shall provide the representative organization
an opportunity for a hearing. A hearing panel designated by the chief administrative
officer shall hear or receive any testimony or evidence that is relevant
and material to the issues presented by the charge and that will contribute
to a full and fair consideration thereof and determination thereon. The
organization's representative may confront and examine witnesses against
it and may produce witnesses and documentary evidence on its behalf. The
hearing panel shall submit written findings of fact and recommendations
for disposition of the charge to the chief administrative officer within
20 days after the close of the hearing.
(4) Final authority to dismiss the charges or to make a final determination
shall be vested in the chief administrative officer. Notice of the decisions
shall be in writing; shall include the reasons supporting such decision;
and shall be served on the principal officer of the organization by mal
manner described in paragraph (2) of this subdivision within a reasonable
time after such decision is made.
Any organization that authorized the prohibited conduct described in subdivision
(1) of Section 535.3 of this Part shall be subject to the decision of permission
to operate on the campus or on the property of the State‑operated
institution used for educational purposes. The penalty provided in this
subdivision shall be in addition to any penalty that may be imposed pursuant
to the Penal Law and any other provision of law, or to any penalty to which
an individual may be subject pursuant to this Part.
(d) Bylaws. Section 64500) of the Education Law requires that the provisions
of this Part that prohibit reckless or intentional endangerment to health
or forced consumption of liquor or drugs for the purpose of initiation into
or affiliation with any organization shall be deemed to be part of the bylaws
of all organizations that operate on the campus of any State‑operated
institution used for educational purposes. The statute further requires
that each such organization shall review these bylaws annually with individuals
affiliated with the organization.
(e) Distribution. Copies of the provisions of this Part that prohibit reckless
or intentional endangerment to health or forced consumption of liquor or
drugs for the purpose of initiation into or affiliation with any organization
shall be given to all students enrolled in each State operated institution.