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 persons 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 on campus.
- 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.
- 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.
- 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.
- 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.
- 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 students 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.
- 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.
- 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.
- 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.
- 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.
- HEALTH
Students
may be dismissed from the College when they have a health condition that
may endanger the health of other students, or themselves.
- 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.
- 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.
-
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.
- 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.
-
SEXUAL
MISCONDUCT
The State University
of New York College at Oneonta condemns and prohibits sexual misconduct
in any form. Sexual misconduct will not be tolerated by this campus and
will be dealt with by appropriate disciplinary action.
Sexual
Assault can be defined as one or more of the following:
Rape: forcing
or coercing someone to have sexual intercourse. Rape most
often involves
the use or threat of force, violence, or immediate and unlawful
bodily
injury. The perpetrator does not need to use a weapon or produce
physical
harm; threat of force, expressed or implied is itself sufficient to
categorize
the act as rape.
Rape also occurs
when the victim is incapable of giving legal consent because
the victim
is:
less than 17 years of age
mentally incapacitated
physically helpless, including drug or alcohol consumption
mentally "Incompetent"
asleep
Acquaintance
Rape (Date Rape): sexual intercourse undertaken by a friend, date, or
acquaintance without consent. Acquaintance rape includes sexual intercourse
that occurs through force, as a result of threats, physical restraint
or physical violence, or without consent.
Sexual
Abuse: forcing or coercing a man or woman to engage in any sexual contact
other than intercourse under the circumstances mentioned above.
Sodomy:
forcing or coercing a man or woman to engage in any deviate sexual contacts
under the circumstances mentioned above.
Sexual Harassment: defined as unwelcome sexual advances,
request for sexual favors, or other sexually degrading verbal or physical
conduct. A complete statement concerning sexual harassment is detailed
in the front of this publication.
Where there
is probable cause to believe the College's regulations prohibiting sexual
misconduct have been violated, the College will expedite strong disciplinary
action through its own channels. This discipline includes the possibility
of suspension or dismissal from the College.
An individual
charged with sexual misconduct will be subject to College disciplinary
procedures, whether or not prosecution under New York State Criminal Statutes
is pending.
The College
will make every effort to be responsive and sensitive to the victims of
these serious crimes.
Protection
of the victim and prevention of continued trauma is the College's priority.
When the victim and the accused live in the same residence hall, an immediate
hearing with the Director of Judicial Affairs will be held to determine
the need for modifying the living arrangements. Assistance for any other
personal or academic concerns will be reviewed and options provided.
During the
disciplinary process, the victim's rights are:
To have a person or persons of the victim's choice accompany
the victim throughout the disciplinary hearing.
To remain
present during the entire proceeding.
As established
in state criminal codes, to be assured that his/her irrelevant past sexual
history will not be discussed during the hearing.
To make a "victim impact statement" and to suggest
an appropriate penalty if the accused is found in violation of the code.
To be informed
immediately of the outcome of the hearing.
During the disciplinary
process, the rights of the accused are as described under the Due Process
Procedure of the College Judicial System section of this Code. These rights
will be reviewed with the accused by the hearing officer and/or the Director
of Judicial Affairs.
Information and
Assistance:
If you believe you have been sexually assaulted in any way,
you should seek assistance. If you are in continuing danger, call University
Police immediately at 436-3550. It is important not to bathe, douche,
change your clothes, or rinse your mouth. If there is any possibility
that you will report the crime, you don't want to destroy the evidence.
You may choose to seek support from your R.A. or Residence Hall Director,
or you may wish to contact the PAIRS Committee (Providing Advocacy and
Intervention Regarding Sexual Assault). PAIRS is a 24 hour confidential
campus resource with trained professionals available for immediate support
and advocacy. To request PAIRS services, call University Police at 436-3550.
University Police is available to assist you as well. University Police
Officers have your well being as their primary concern. They have been
trained to treat you with respect and sensitivity. The officer will ensure
that you are promptly taken to a physician for medical care and, if appropriate,
for collection of evidence. At your request, University Police will contact
a member of PAIRS to provide immediate support. If you wish to file charges,
University Police will assist you. You have the option of reporting the
crime to the local police and assistance in this matter will be provided
at your request.
Individuals who have been sexually assaulted frequently experience
physical and psychological trauma. Even if you decide not to report the
incident to the authorities, for your own well being, it is important
to consider the confidential assistance of medical and counseling professionals.
Campus
Resources:
University
Police
..
..436-3550
Health
Center
... 436-3573
Counseling
Center
.436-3368
PAIRS
............................
......436-3550
Community
Resources:
The
Violence Intervention Program,
The Domestic Violence/Sexual Assault 24 hr. hotline....................................................432-4855
Oneonta Police Department
........432-1111
A.O.
Fox Memorial Hospital
.........431-5000
New
York State Police
.........432-3211
Educational
Programs
Educational
programs to promote awareness of rape, acquaintance rape, and sex offenses
are presented to the campus community, by University Police and Student
Development staff. The PAIRS Committee (Providing Advocacy and Intervention
Regarding Sexual Assault) present ongoing programs for resident students,
sororities/fraternities, and other groups.
21. THEFT/POSSESSION OF STOLEN PROPERTY/CRIMINAL MISCHIEF
No person shall take, or intentionally or recklessly damage, or
knowingly possess property other than his/her own without the consent
of the owner, or intentionally impede recovery by the owner or College
officials acting on behalf of the owner.
22. TRESPASSING
No
person shall knowingly enter into and/or utilize any College facility
or service without proper authorization. No person shall knowingly enter
a facility that they have specifically been prohibited from entering as
per a judicial sanction.
23.
WEAPONS
Possession
or keeping of a deadly instrument on campus (including in any vehicle)
or use of any object with intent to harm another is prohibited. This includes,
but is not limited to, firearms, explosives, explosive devices, knives,
blackjacks, chukka‑sticks, sling shots, kung fu type weapons, fireworks,
firecrackers, CO‑2 type firearms, spring‑powered firearms,
chemical or pepper aerosol spray. Violators will be subject to criminal
prosecution and/or disciplinary action from the College.
ARTICLE III:
COLLEGE JUDICIAL
SYSTEM
The judicial process
includes three levels of adjudication. At the lowest level, cases are
heard by residence hall directors.
At the next level, cases are heard
by a Student Development administrator, usually the Director of Judicial
Affairs or Office of Residential and Community Life administrators. At the highest level, cases are
heard by the Standing Disciplinary Board (SDB). Nothing in these procedures
implies that civil or criminal action cannot be taken independent of this
judicial system in appropriate cases. The College reserves the right to
make public, within the guidelines created by the Department of Education,
the outcome of disciplinary hearings.
The Director
determines the level at which cases will be adjudicated. Cases in which the accused student
may be suspended will be heard by the Director of Judicial Affairs or
SDB; if dismissal is a possibility, the case will be heard by the SDB. There are the following exceptions:
1.
If the case cannot be heard by the SDB
in a timely manner, it may be adjudicated by the Director of Judicial
Affairs or designee.
2.
A student who is facing suspension and is
informed that the case will be heard by the Director of Judicial Affairs
may request in writing that the case be heard instead by the SDB.
The written request should be submitted
to the Director of Judicial Affairs within 24 hrs of the student having
been informed of the hearing.
Due Process Procedures for Cases Adjudicated
by Residence Hall Directors and Administrative Hearing Officers
1.
The student who has been accused of a violation
will be informed of the charges in writing or orally at the
time of the administrative hearing.
2. The student will be informed of the nature
of the evidence against him/her.
3. The student has the right to make statements
and present witnesses on his/her behalf.
4. The student may ask that the administrative
hearing be postponed for 24 hours in order to have time to call witnesses
or to gather witness statements.
5. The student who has been accused has the
right to remain silent and may not be forced to incriminate himself/herself.
6. Decisions about violations of the Student
Code will be based on the preponderance of evidence.
If a student
is found responsible for a Code of Conduct violation, an administrative
hearing officer may impose any one or more of the sanctions below. A Residence
Hall Director may impose any one or more of the sanctions below with the
exception of numbers one and two. There are many factors that are considered
in determining the appropriate sanction(s). History of previous violations
will be considered when determining sanctions. Code of Conduct violations
that are bias related may incur a more severe sanction.
Administrative
Hearing Sanctions
1. Suspension means withdrawal from the College for a specified period of
time. If the student is suspended for the semester in which
he/she is currently enrolled, no academic credit for any of his/her courses
may be awarded or refund of tuition issued. Readmission would usually
be automatic for the student at the end of the period for which he/she
has been suspended.
2. Restrictive disciplinary probation is given for a specific period of time.
During that probationary period, the student may not represent the College
in any way nor hold elective or appointive office in any organization
related to the College, nor participate in interscholastic or intramural
sports, nor participate in any theatrical performance that is not part
of class assignments, nor receive public recognition in any way. The student
may, however, be a member of any club or recognized student organization.
In general, restrictive disciplinary probation is seen as allowing the
student to pursue only those activities that enhance academic progress.
Restrictive disciplinary probation carries with it the assumption that
if the student should violate any other College regulations during the
period of his/her probation, he/she may be suspended or expelled.
3.
General probation imposes no restriction on the activities of the individual
involved, but indicates that for the time specified by the Disciplinary
Board, the student may be suspended or expelled if he/she has been found
guilty of violating any other College regulation.
4. Residence
Hall Probation means that the student should understand that any future
residence hall policy violation will result in further judicial review.
5.
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.
7.
Educational sanctions
may
be
assigned
when appropriate.
Appeal Process for Cases Adjudicated
by Residence Hall Directors and Administrative Hearing Officers
1. A decision and/or a sanction may be appealed.
The appeal must be in writing and should be delivered to the Director
of Judicial Affairs or designee within 5 class days of the hearing.
2.
For cases that were heard by residence hall directors, the appeal
will go to the Director of Judicial Affairs.
3. For cases that were heard by the Director of Judicial Affairs or
Office of Residential and Community Life administrators , the Vice President
for Student Development or his/her designee will review the appeal.
4. The appeal process will consist of a review of the records of
the administrative hearing and the supporting documents.
The appeal process will not include a new hearing.
The following exceptions apply:
a.
If the appeal presents new evidence that was not available at the
time of the administrative hearing, the student may be called to discuss
the evidence.
b.
If it is found that the students due process rights were violated
at the administrative hearing, the case will be heard again by an individual
appointed by the Vice President or his/her designee.
5.
The individual who reviewed the appeal will respond to the appeal
in writing.
6.
If the appeal is upheld, the individual who reviewed the appeal
may make changes in sanctions or may refer the case for a new administrative
hearing.
7.
If the appeal is upheld, sanctions may be reduced but may not be
increased.
8.
Students are limited to one appeal for each hearing.
Grounds for Appeals for Cases Adjudicated
by Residence Hall Directors and Administrative Hearing Officers
The written appeal will be considered
if it includes at least one of the following:
- The
student demonstrates that the hearing was not conducted fairly in light
of the charges or that the student was not provided a reasonable opportunity
to prepare and present evidence and/or rebuttal to the allegations.
(See Due Process
Procedures for Cases Adjudicated by the Residence Hall Directors and Administrative
officers.)
- The
student demonstrates that the decision that was reached was not based
on substantial evidence. That
is, the facts of the case were insufficient to establish that a violation
of the Student Code occurred.
- The
student demonstrates that a sanction that was imposed was inappropriate
for the violation of the Student Code that the student committed.
- The
student brings forth new evidence or other relevant facts that were
not brought forward at the time of the hearing because they were not
known to the student at the time of the hearing.
Due Process Procedures for Cases Adjudicated
by the Standing Disciplinary Board:
- 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.
- The
student who is accused of a violation shall be informed of the nature
of the evidence against him or her.
- The
student who is accused and students who have made a complaint against
a student have the right to make statements and present witnesses.
- Students
who are accused will be made aware of all known testimony against them,
with written summary or copies available on request.
- Students
who are accused and students who have made complaints have the right
to be assisted by an advisor, at their expense.
The advisor cannot speak for the advisee or present the case
or participate directly in the hearing.
The advisor may be an attorney.
- A
student who has been accused has the right to remain silent and may
not be forced to incriminate himself/herself.
- Decisions
about violations of the Student Code will be based on the preponderance
of evidence.
Appeal Process for Cases Adjudicated
by the Standing Disciplinary Board
- A
decision and/or a sanction may be appealed. The appeal must be in writing and should be delivered
to the Director of Judicial Affairs or designee within 5 class days
of the hearing.
-
The
appeal process will consist of a review of the records of the SDB hearing
and the supporting documents.
The appeal process will not include a new hearing.
The following exceptions apply:
- If new evidence is brought forward that was not available at the time
of
the hearing by the SDB, the student may be called to present
the evidence.
- If
it is found that the students due process rights were found to have
been violated, the case will be heard
by the Vice Presidents designee.
- The
records will be reviewed by the Vice President for Student Development
or his/her designee.
- The
Vice President or his/her designee will respond to the appeal in writing.
- If
the appeal is upheld, the Vice President or his/her designee may make
changes in sanctions or may refer the case back to the SDB.
- If
the appeal is upheld, sanctions may be reduced but may not be increased.
- Students
are limited to one appeal for each hearing.
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:
- The
student demonstrates that the hearing by the SDB was not conducted fairly
in light of the charges or that the student was not provided a reasonable
opportunity to prepare and present evidence and/or rebuttal to the allegations.
(See Due Process
Procedures for Cases Adjudicated by the SDB.)
- The
student demonstrates that the decision that was reached was not based
on substantial evidence. That
is, the facts of the case were insufficient to establish that a violation
of the Student Code occurred.
- The
student demonstrates that a sanction that was imposed was inappropriate
for the violation of the Student Code that the student committed.
- The
student brings forth new evidence or other relevant facts that were
not brought forward at the time of the SDB hearing because they were
not known to the student at the time of the hearing.
Jurisdiction
of Individual Boards (Optional)
Student Supreme Court: This
court shall be concerned with matters pertaining to the Student Association.
They also shall rule upon the constitutionality of any action or motion
carried out or passed by any member of the Student Association, by any
official of the Student Association, elected or appointed, or by any of
its organizations. The Student Supreme Court has no jurisdiction in disciplinary
matters.
Standing
Disciplinary Board
This
board will hear all disciplinary cases referred to it by the Student Development
Office, e.g.,
plagiarism
(see regulations about plagiarism and cheating in this publication), unauthorized
entrance into offices of faculty members, and other violations of College
rules and regulations.
The Vice President for Student Development 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.
Upon
agreement of the accused and the accuser, the case may be handled administratively
by a member of the Student Development staff with the right of appeal
being guaranteed. The appeal route is outlined, and it is the right of
any of the accused to appeal. The following penalties may be imposed when
administrative action is taken: educational sanctions, dismissal from
residence, letter of reprimand, general college probation, residence hall
probation, restrictive disciplinary probation or suspension.
1.
The Standing Disciplinary Board shall consist of:
(a) Four faculty members. Three members to be elected by the faculty at
large from a slate of at least three nominees for each position. These
nominees shall be nominated by a committee consisting of the President
of the College, Vice President of the College, Vice President for Student
Development, and the chairperson of the Committee on Student Development.
These faculty members will serve a three year term. Additionally, one
faculty member on the Standing Disciplinary Board will be selected from
and by the Committee on Student Development. He/she will serve a one year
term and may be reappointed for subsequent years.
(b) Three students to be appointed by the President of the College following
consultation with the President of the Student Association. The students
will serve a one year term. Two students shall be appointed to begin service
in the spring semester and one student shall be appointed to begin service
in the fall semester.
2.
Non-Voting Members
(a) The Vice President for Student Development or his/her designee shall
serve as a consultant to the Board.
(b)
The President of the Student Association shall serve as liaison between
the Student Association and the Standing Disciplinary Board and shall
be present at hearings at which the Student Association may be affected.
Procedures
A.
The chairperson of the Disciplinary Board shall be one of the faculty
members elected by a majority vote of the faculty and student members
of the Board at its first meeting of the academic year. He/she shall have
one vote, to be used only in the event of a tie vote among the other members
of the Disciplinary Board. The chairperson shall be responsible for calling
and convening meetings of the Disciplinary Board whenever the need for
such action has been called to his/her attention.
B.
Each of the three other faculty members and each of the three student
members shall have one vote.
C. The Disciplinary Board shall consider cases of student misconduct in
accordance with the procedures outlined by the College judicial System.
Cases shall be referred to the Disciplinary Board under the following
circumstances:
1. Any student or student group, whose misconduct, in the
estimation of the Student Development Office, might result in the student's
suspension or expulsion may be referred to the Disciplinary Board.
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
Judicial Affairs 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 Judicial Affairs with duplicate copies sent to the chairperson of the
Disciplinary Board.
E.
All testimony in a hearing shall be as direct as possible. If witnesses
cannot appear, written signed statements
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 Judicial Affairs.
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
Development.
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.
J.
A written description of the College judicial procedure shall be made
available to any student or group under disciplinary
consideration. The following
penalties may be imposed by the Disciplinary Board:
1. Dismissal
implies expulsion from the College for an indefinite length of time. The
student who is dismissed from the College may expect that only unusually
mitigating circumstances will result in his/ her readmission to the College.
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.
7.
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.
Parent
Notification Policy
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.
Transcript
Notation Policy
Because of the seriousness of disciplinary board cases, the
College will record the outcome of certain disciplinary action on a student's
transcript, in the form of a transcript comment. In disciplinary cases
involving withdrawal prior to a disciplinary hearing, Interim Suspension,
Suspension, or Expulsion, the student's academic transcript shall be noted
as follows:
Interpretation
and Revision
A.
