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 and hazing.

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 must include:

• Documentation of National Headquarters indicating interest for expansion
• Chapter founding principles
• Reason/justification for the new group which supports the mission of the College
• 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 commitments

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 scholarship standards.)

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 Campus Life.

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 policies.

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 publications.

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 most improved.

10. Staff support and advisement will be given to the Greek governance system.

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 students annually.

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 Life

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.

JUDICIAL PROCEDURES

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 Council constitution.

CODE OF STUDENT CONDUCT

State University of New York College at Oneonta

ARTICLE I: DEFINITIONS
1. The term College means The State University College at Oneonta.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE II: STUDENT CONDUCT

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

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

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

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

Examples of Academic Dishonesty:

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

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

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

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

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

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

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

• Submitting a College form with a forged signature.

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

Procedures to be Followed When Academic Dishonesty is Suspected:
Faculty Responsibilities

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

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

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

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

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

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

Student Responsibilities :

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

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

Actions to be Taken:

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

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

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

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

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

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

Appeal Procedures:

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

3. ALCOHOL AND DRUGS

Possession, use, and/or distribution of illegal drugs and/or alcohol by students are
prohibited oncampus.

4. ASSAULT/RECKLESS ENDANGERMENT

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

5. COMPUTER USE

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

Policy for Use of Campus Information Technology

User Code Agreement

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

General Guidelines for College at Oneonta World Wide Web Pages

Digital Millennium Copyright Act Information

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

6. CRIME

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

7. DEMONSTRATIONS

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

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

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

a. Unauthorized occupation of College facilities, or

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

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

8. DISORDERLY CONDUCT/HARASSMENT/ABUSIVE BEHAVIOR

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

9. DISRUPTIVE CLASSROOM BEHAVIOR

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

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

10. FAILURE TO COMPLY

Failure to comply with reasonable and lawful requests or directives of College officials or law enforcement officers acting in performance of their duties and/or interference with faculty, staff, or student staff acting in the performance of their official duties will result in disciplinary action.

11. FALSE ADMISSION APPLICATION

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

12. FALSIFICATION OF INFORMATION

Furnishing false or misleading information to the College or other similar forms of dishonesty in College regulated affairs, including knowingly making false oral or written statements to any College official or hearing body, will result in disciplinary action. Forgery, alteration, or misuse of University documents, records or identification is prohibited.

13. HAZING

No person, either singly or in concert with others, shall for the purpose of initiation into or affiliation with any organization or group, recklessly or intentionally take any action or create or participate in the creation of any situation that endangers the mental or physical health of another person. This includes, but is not limited to the forced consumption of liquor or drugs.

14. HEALTH

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

15. IDENTIFICATION

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

16. LIBRARY

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

17. MISUSE/DESTRUCTION OF PROPERTY

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

18. ORDINANCES

Any student convicted of more than one violation of any ordinance(s) of the City or Town of Oneonta, excluding parking ordinances, will be referred to the College Judicial System.

19. RESIDENCE HALL LICENSE

Students living on campus or visiting a residence hall are required to comply with all policies and procedures as outlined in the Residence Hall License.

20. SEXUAL MISCONDUCT

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

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

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

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

• less than 17 years of age

• mentally incapacitated

• physically helpless, including drug or alcohol consumption

• mentally "Incompetent"

• asleep

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

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

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

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

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

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

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

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

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

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

• To remain present during the entire proceeding.

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

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

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

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

Information and Assistance :

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

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

Campus Resources:

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

Health Center ………………………... 436-3573

Counseling Center …………………….436-3368

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

Community Resources:

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

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

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

Educational Programs

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

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

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

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

ARTICLE III: COLLEGE JUDICIAL SYSTEM

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

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

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

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

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

1. The student who has been accused of a violation will be informed of the charges in writing or orally at the time of the administrative hearing.

2.The student will be informed of the nature of the evidence 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.

Administrative Hearing Sanctions