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665 Codes of Student Social Conduct

665.01 Introduction

  1. Purpose
    • SUNY College at Brockport is committed to creating a campus environment conducive to education, study, work, and personal development. In order to maintain this desired environment, the College as adopted the Codes of Student Social Conduct for individuals and organizations.
    • The Codes of Student Social Conduct include the conduct regulations and possible sanctions which may be imposed for violating the regulations, and also outline the organization and procedures of the campus judicial system. The judicial system procedures have been established to ensure due process and fundamental fairness to all individuals and organizations involved in campus judicial proceedings.
  2. Background
    • The Codes of Student Social Conduct at SUNY College at Brockport cover essentially two areas of campus life: 1) responsible social conduct that shows consideration for people and property, and 2) restraint in group demonstration of ideas or protest, allowing the College to conduct its normal activity in an orderly manner. The Brockport College Council and the Board of Trustees of the State University of New York have established the two major codes of social conduct.
    • The president of the College has the ultimate authority in student disciplinary matters. However, responsibility for adjudication and other processing of most disciplinary matters is delegated to certain institutional offices and committees, including, but not limited to, residence hall staff, the Judicial Board, judicial officers, the judicial coordinator, and the vice president for student affairs.
    • The campus Judicial System is a system of judicial policies and procedures which is customarily used to adjudicate violations of the Codes of Student Social Conduct. The president of the College has authority to review and amend any disciplinary decisions.
    • The Rules and Regulations for the Maintenance of Public Order on Premises of state-operated institutions are rules of conduct and judicial procedures relating to the public nature of the institution and minimum order needed among students to carry out its functions. These Rules and Regulations are mandated to all SUNY campuses by the Board of Trustees of the State University of New York in compliance with Section 6450 of the Education Law of the state of New York, and comprise Part 535 of Chapter V of Title 8 of the Official Compilation of Codes.
    • The Student Conduct Regulations were revised and approved by the Brockport College Council on February 5, 1997.

665.02 Campus Regulations

  1. Related Documents: The following is a list of regulations, which have been published by various offices of the College and shall be considered supplemental to these codes. With the exception of academic integrity, all violations can be adjudicated in accordance with the judicial procedures outlined in this document. All documents can be found in the offices of the Vice President for Student Affairs, Residential Life, Public Safety, Drake Memorial Library, and in specific offices cited below.
    1. Academic Integrity: Procedures for resolving academic integrity cases have been developed by the Vice President for Academic Affairs and are available upon request from the offices of the academic deans.
    2. Alcohol on Campus: Policies regarding alcohol on campus are available from the office of Student Activities. Copies of the Residence Hall System Alcohol Policy are available upon request from the office of Residential Life.
    3. College Residence Halls: Regulations concerning the use of College residence halls and the general conduct of residents and guests are contained in the Residence Hall License and the residence hall handbook, More About Residential Life. Copies are available upon request from the office of Residential Life.
    4. College Library: Regulations concerning the use of library facilities are available upon request from the College library.
    5. Commercial Activities: Policies governing commercial activities on campus are available upon request from the office of Student Activities.
    6. Non-discrimination: Policy statements and procedures for handling complaints of discrimination based on age, race, creed, color, national origin, gender, disability, Vietnam-era or disabled veteran status, marital status, and sexual orientation are available from the Affirmative Action office.
    7. Sexual Harassment: College policy is described in the brochure entitled Sexual Harassment. Copies of this document are available from the Affirmative Action office.
    8. Traffic Code: Regulations regarding the possession and use of motor vehicles on campus are available upon request from the Bursar’s office.
    9. Use of College Facilities/Grounds: Information governing the use of campus facilities and property for social and cultural programming is available upon request from the office of Student Activities.
    10. Policy Governing the Formation, Recognition, and Function of Social Fraternities and Sororities: Copies of this policy are available upon request from the office of Student Activities.
    11. Policy Statement on HIV Infection Including AIDS: Copies of this policy are available upon request from the office of Student Health Services.

665.03 Prohibited Behavior

Federal, state, and local laws, rules, and regulations are, by their very nature, the overall policy under which the College, as a state-operated institution, is governed. With specific reference to such laws, rules, and regulations, each student is expressly advised that: they apply on campus in the same manner as they apply off campus; the College prohibits any conduct on campus which is not in conformity therewith; conduct on campus by students which is not in conformity therewith will be dealt with on campus by the College as a violation of College policy; and any alleged violator shall also be subject at all times to all of the same procedures in and consequences before the law as would be applicable if the alleged conduct had occurred off campus.

The College expects its students to exercise responsibility for the common good, respect for the dignity of the person, and personal integrity. The prohibited behaviors, which may be the subject of disciplinary action, are listed below. They apply to students and recognized organizations on campus property and at institution-sponsored and supervised functions.

  1. Responsibility For The Common Good: The following conduct by a student is prohibited:
    1. Conduct, which violates any local, state, or federal law or rule and/or any regulation established by the Board of Trustees of the State University of New York.
    2. Possession of any rifle, shotgun, air gun, pistol, revolver, firearm, weapon, or any instrument that is used or brandished as a weapon on campus or at any institution-Sponsored event without the written authorization of appropriate College officials, whether or not a license to possess the same has been issued.
    3. Violation of any provision of the Residence Hall License or rules contained in the documents, More About Residential Life and the Residence Hall System Alcohol Policy.
    4. Theft, unauthorized possession of, or damage to College property; theft of services; or theft of, or damage to, property of a member of the institutional community on institutional premises. Property includes, but is not limited to; data and information stored on electronic or computer media.
    5. The possession, storage, or use of fireworks, firearms, ammunition, explosives, or other weapons, including any dangerous article or substance with the potential to injure or discomfort a person, is prohibited at any time for any purpose at any place on the campus or other property.
    6. Tampering with fire equipment and/or setting off false alarms in any building on institution premises.
    7. The willful overloading, damaging, dismantling or tampering with elevators or elevator equipment.
    8. Trespassing/unauthorized use of facilities and services. No person shall enter into and/or utilize any College facility or service without proper authorization. No one shall enter a facility that they have been restricted from as part of a judicial sanction.
    9. Loitering: Unauthorized persons loitering in College buildings or on campus grounds may be subject to a charge of loitering. Relative to loitering, it should be noted that other regulations require students to present identification cards upon request of College personnel, require registration of guests who will be on campus overnight, and require prior written permission from the vice president for student affairs for solicitations or selling on campus. While all College personnel are expected to be aware of the law and to assist in its enforcement, the department of Public Safety should be contacted to question a suspected loiterer.
    10. Students may not advertise, solicit, or sell any goods or services on campus without prior written permission from the vice president for student affairs or designee.
    11. Violation of the College’s smoking policy.
  2. Respect for the Dignity of the Person: The following conduct by a student is prohibited:
    1. Physical assault (with intent to cause physical injury to another person and/or causing such injury to the person or a third person). Physical assault includes, but is not limited to, inflicting bodily harm upon a person by using a self-defense spray device in circumstances that do not justify the use of such a device.
    2. Rape, sexual intercourse without consent, or sexual intercourse when the victim is, by law, incapable of giving consent.
    3. Sexual abuse of or misconduct toward any member of the institutional community. This is defined as subjecting another person to sexual contact without the latter’s consent. Such behavior includes, but is not limited to, touching, pinching, patting, or pressing up against someone.
    4. Sexual harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if:
      1. Submission to, or toleration of, such conduct on or off campus is made (either explicitly or implicitly) a term or condition of instruction, employment, or participation in other college activities.
      2. Submission to, or rejection of, such conduct by an individual is used as a basis for evaluation in making employment or academic decisions affecting the individual.
      3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic work performance or creating an intimidating, hostile, or offensive college environment.
    5. Hazing: Any action or situation in the course of a person’s initiation, admission into, or affiliation with an organization which:
      1. Recklessly or intentionally endangers his/her emotional or physical health.
      2. Is intended to humiliate another person.
      3. Destroys, defaces or removes public or private property.
    6. Intimidation, harassment, or other conduct, which threatens and/or endangers the life, health, and/or welfare of any member of the institution.
    7. Stalking: When a person intentionally or repeatedly harasses another person by one or more of the following:
      1. Following that person in or about a public place or places.
      2. Contacting another person repeatedly.
      3. Engaging in a course of conduct, or repeatedly committing acts, which places such person in a reasonable fear of physical injury.
    8. Engaging in disorderly or disruptive conduct (including, but not limited to, fighting or making unreasonable noise) on College premises or at College-sponsored activities which interferes with the activities of others, including studying, teaching, research, and College administration.
  3. Personal Integrity: The following conduct by a student is prohibited:
    1. Abuse of the Judicial System: Including, but not limited to:
      1. Failure to obey the instructions of a judicial body or College official.
      2. Falsification, distortion, or misrepresentation of information before a judicial body.
      3. Disruption or interference with the orderly conduct of a judicial proceeding.
      4. Institution of a judicial proceeding without cause by knowingly filing a false report or statement.
      5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system through intimidation or any other means.
      6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding.
      7. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding.
      8. Influencing or attempting to influence another person to commit an abuse of the judicial system.
      9. Failure to comply with the sanction(s) imposed under the Student Codes.
    2. Failure to comply with the conditions stipulated by a campus judicial system arbitration settlement.
    3. Refusal to identify oneself or present a valid Brockport student identification card when requested to do so by a College official.
    4. Forgery or any other act of knowingly furnishing false information to the institution; unauthorized alteration or use of institutional documents, including those stored on electronic or computer media, or instruments of identification (such as an ID card).
    5. Falsifying information or failing to report required information (such as previous college attendance) on any admissions application or related materials.
    6. Improper and unlawful uses of College library collections include, but are not limited to:
      1. Theft, removal, or unauthorized possession of library items where there is no evidence that standard checkout procedure was followed.
      2. Deliberate, willful, malicious damage, destruction, or defacement of library materials.
      3. Retention of library materials beyond a 30-day period after the date of the final written notification and request to return them.
      4. Hiding library items in the library building for exclusive personal use, so that others cannot locate or use them.
    7. Gaining unauthorized access to data or information on institutional files, including those files on electronic or computer media, or to data or information, which is the property of a member of the institutional community stored on the College’s electronic computer media.
    8. Theft or other abuse of electronic technologies, including but not limited to:
      1. Unauthorized entry into a system (voice/data/video/mechanical/security) to use, read or change the contents, or for any other purpose.
      2. Unauthorized transfer of a file.
      3. Unauthorized use of another individual’s identification and password.
      4. Use of computing facilities to interfere with the work of another individual(s).
      5. Use of computing facilities to interfere with the operation of any computing system.
      6. Use of electronic mail to send chain letters, harassing messages, etc. or for other non-educational purposes.
      7. Use of computing facilities for personal business, profit making activities, or excessive game playing.
    9. Failure to comply with the directions of College officials acting in performance of their duties.
    10. The unlawful possession, use, or distribution of any controlled substance (as defined in NYS Public Health Law 3306, Schedules I-V) and/or alcohol on College property or at official College functions.

665.04 Range of Disciplinary Actions

The range of disciplinary actions, which may be taken in cases of proven violations of Student Conduct Regulations, is:

  1. Official Warning: This action indicates that the student’s behavior violated a specific rule, explains the rule, and indicates further action will result should there be a second violation. Such warning may include a written admonition indicating that the student was found guilty of violating a specific regulation and that continued or repeated infractions will result in further action.
  2. Residence Hall Probation: Residency status of the student is probationary for a specified period of time. The student has an opportunity to demonstrate that he/she can act as a responsible member of the residence hall community. The terms of the probation may be varied to fit the individual circumstances. The length of the probation may not exceed one year.
  3. Residence Hall Reassignment: The student is reassigned to another room and/or hall and may be restricted from his/her former residence.
  4. Conduct Probation: Status of the student is probationary during a set period of time. Further violations of rules and regulations may result in additional sanctions.
  5. Suspension from the Residence Halls: The director of Residential Life may suspend a student from the residence hall system in cases of non-payment of fees, unauthorized use of facilities for sleeping quarters, or serious or continued violations of the Residence Hall License.
  6. Conduct Suspension: Status of the student is terminated temporarily for a specified period of time. He/she is restricted from access to campus premises except by written permission from the vice president for student affairs. Conduct Suspension will appear on the student’s transcript, with the period of suspension specified.
  7. Conduct Dismissal: Status of the student is terminated, and he/she is permanently separated from the College. He/she is restricted from access to campus premises except by written permission from the vice president for student affairs. Conduct Dismissal will appear on the student’s transcript.

    The actions below may be applied additionally as conditions of sanctions 1-7 above
    1. Developmental Experience: The student may be required to attend and/or participate in a course, workshop, group, program, or other appropriate project.
    2. Restitution: The student may be required to pay for or replace damaged or misappropriated property.
    3. Unpaid College Service: The student may be assigned work in a campus area related to the offense. Responsible completion of the service assignment will be credited to the student’s record. Failure to complete the assignment will cause a more severe sanction to be applied.
    4. Restriction from Facilities: The student may be denied use of or otherwise may be restricted from specified campus facilities.
    5. Social Restriction: The student may be restricted from participation in College-sponsored activities for a specified period of time.
    6. Mediation: When a case involves conflict between students, groups, or organizations, the parties may be assigned to mediation by the judicial officer. Mediation is an objective, confidential, and nonjudgmental process whereby both parties to a dispute meet with a mediator who will assist them in reaching a written agreement to resolve their conflict. Parties are responsible for keeping the agreement. Violated agreements will not be remediated, but may necessitate further judicial action.
  8. Administrative Withdrawal:
    1. Standards for Withdrawal: Students may be administratively withdrawn from the College if they suffer from a mental disorder, a psychoactive drug dependence or abuse disorder, or an eating disorder, provided the disorder results in behavior that:
      1. Poses a danger of physical harm to the student or others.
      2. Could cause property damage.
      3. Could impede the lawful activities of others.
      4. Could substantially and negatively affect the psychological well being of others in the community (as determined by consultation with appropriate mental health personnel on campus).

        These standards do not preclude removal from the College, or College housing, in accordance with provisions of the Residence Hall License Agreement, or other College rules or regulations.
    2. Violations of Disciplinary Regulations: Students accused of violating College disciplinary regulations may be diverted from the disciplinary process and withdrawn in accordance with these standards if the student, as a result of his/her condition:
      1. Lacks the capacity to respond to pending disciplinary charges.
      2. Did not know the nature or wrongfulness of the conduct at the time of the offense.
    3. Referral for Evaluation: The College judicial coordinator may refer a student for evaluation by a mental health or health care professional, such as a physician, etc., as appropriate, if the judicial coordinator believes that the student may meet the criteria set forth in Part A.

      Students referred for evaluation must be notified in writing and provided with a copy of these standards and procedures. The evaluation must be completed within five business days from the date of the referral letter, unless the judicial coordinator grants an extension. Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the judicial coordinator.
      A student who fails to complete the evaluation in accordance with these standards and procedures may be suspended on an interim basis, referred for disciplinary action, or both.
    4. Interim Suspension: An interim suspension may be implemented immediately for either of the following reasons:
      1. A student fails to complete an evaluation within five business days.
      2. The judicial coordinator has reason to believe that the student’s behavior poses an imminent danger of either causing serious physical harm to the student or others, or causing significant property damage, or directly and substantially impeding the lawful activity of others.
    5. A student subject to an interim suspension will be given written notice of the suspension and will be given a copy of these standards and procedures. The student will be given an opportunity to appear personally before the judicial coordinator, or a designee, within two business days from the effective date of the interim suspension in order to review the following issues only:
        1. The reliability of the information concerning the student’s behavior.
        2. Whether or not the student’s behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage, or directly and substantially impeding the lawful activities of others.
        3. Whether or not the student has completed an evaluation, in accordance with these standards and procedures.

          A student subject to interim suspension may be assisted in the proceeding listed above by a family member and a mental health or health care professional or, in lieu of a mental health or health care professional, by a member of the faculty or staff. Legal counsel may accompany a student, although the role of counsel will be limited to providing legal advice to the student.

          An informal hearing will be held within seven business days after the student has been evaluated by the appropriate mental health professional. The student will remain suspended on an interim basis pending completion of the informal hearing, but will be permitted to enter the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the judicial coordinator.
    6. Informal Hearing: A student subject to an involuntary withdrawal will be accorded an informal hearing before the judicial coordinator, or a designee. The following guidelines will be applicable:
      1. Students will be informed of the time, date, and location of the informal hearing
      2. The entire case file, including the evaluation and the names of prospective witnesses, will be available for inspection by the student in the judicial coordinator’s office. The file, which will be available at least two business days before the informal hearing, need not include the personal and confidential notes of any institutional offices or participants in the evaluation process.
      3. The informal hearing will be conversational and not adversarial. Formal rules of evidence will not apply.
      4. The student may be assisted according to the same guidelines as those for the informal interim suspension hearing (above).
      5. Those assisting the student, except for legal counsel, will be permitted to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.
      6. The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
      7. The mental health or health care professional who prepared the evaluation may be expected to appear at the informal hearing, and to respond to relevant questions upon request of any party.
      8. The judicial coordinator, or designee, may permit a college official, and the mental health or health care professional that prepared the evaluation, to appear at the informal hearing and to present evidence in support of any withdrawal recommendation.
      9. The informal hearing will be tape recorded by the judicial coordinator or designee.
      10. The judicial coordinator, or designee will submit a written decision, within five business days after the completion of the informal hearing.

665.05 Organization of the Campus Judicial System

  1. Judicial Coordinator: The judicial system at SUNY Brockport is under the direction of the judicial coordinator who is appointed by the vice president for student affairs. The judicial coordinator is charged with the responsibility for seeing that due process is provided to students accused of violating College regulations. To accomplish this task, the judicial coordinator:
    1. Publishes each year the Codes of Student Social Conduct and recommends revisions as needed.
    2. Orients Judicial Board members to the judicial system and to their roles and responsibilities.
    3. Acts as a judicial officer and supervises other judicial officers appointed by the vice president for student affairs. The judicial coordinator systematically assigns judicial cases among the judicial officers for preliminary review and resolution.
    4. Receives charges against individual students for violations of College regulations.
    5. Schedules and arranges Judicial Board hearings as required and presents cases at these hearings.
    6. Maintains the official judicial records.
  2. Judicial Officers: Judicial officers are appointed by the vice president for student affairs to adjudicate student conduct charges in preliminary reviews and administrative hearings. The judicial officer:
    1. Receives cases referred by the judicial coordinator for adjudication.
    2. Sets up a preliminary review with each student so charged to discuss the charges and the student’s rights.
    3. Determines the sanction to be applied when the student has admitted to charges in a preliminary review or is found guilty in an administrative hearing.
    4. Officially communicates all judicial charges and decisions to each student so charged and communicates with any other College officials who have a legitimate interest in the disciplinary status of the student.
    5. Conveys case files to the judicial coordinator for filing when a case has been resolved.
  3. Judicial Board
    1. The Judicial Board is composed of a student, a faculty member, and a College staff member, appointed by the president of the College. Alternates may be appointed from the student body or the faculty generally.
    2. The Judicial Board:
      1. Hears cases as scheduled by the judicial coordinator.
      2. Hears all statements and evidence related to the case in question.
      3. Seeks answers to all questions pertaining to statements and evidence presented.
      4. Determines the merits of the charges against the student after a full discussion of the case in closed session.
      5. Recommends disciplinary action to the judicial coordinator.
      6. Acts in an advisory capacity upon the request of the judicial coordinator in a case where the student has admitted to charges, but where the penalty may be so severe that a full review of all relevant facts is desired, for a fair perspective.
  4. Appeal Officer: The College president or the vice president for student affairs will hear appeals of penalties under procedures described.
  5. Disciplinary Action Review: All disciplinary actions are subject to review and/or amendment by the president of the College.

665.06 Judicial System Procedures

  1. Judicial Referral:
    1. Any member of the College community may file a complaint against any student for misconduct.
    2. Referrals may be made in the following ways:
      1. In written form to the campus judicial coordinator.
      2. At the Public Safety office by completing a Public Safety Incident Report or Service Report.
      3. At the residence hall by completing a Residence Hall Incident Report.
    3. The judicial coordinator will assign the complaint to a campus judicial officer.
  2. Notice of Judicial Charges:
    1. The judicial officer will review the complaint to determine if:
      1. There was a violation of the Student Code.
      2. There is probable cause to believe that the accused student committed the violation.
    2. If the judicial officer determines that the complaint does appear to be based on fact, he/she will schedule a preliminary review with the accused student.
    3. If the accused student is unable to be contacted by any other means, he/she will be notified in writing of pending charges. The student is required to contact the judicial officer within five business days of the postmark to schedule an appointment for a preliminary review. The student is sufficiently notified if informed in person or if the letter is personally delivered to him/her or mailed to his/her local and/or home address that appears on official College records.
    4. If the accused student fails to respond within five business days from the postmark date of the notification letter, he/she will be deemed to have waived his/her right to choose between a judicial board hearing or an administrative hearing. The judicial coordinator will then determine the type of hearing and the date and time it will be held. The student will be notified in writing of the charges against him/her and the date, time, and location of the hearing. The student may request a copy of the College Judicial System procedures.
  3. Preliminary Review:
    1. The judicial officer reviews the complaint and charges against the student and also reviews the judicial process and the rights of the student.
    2. If the judicial officer determines that the sanction for the violation(s) would be Conduct Probation or less and:
      1. The student accepts responsibility; the judicial officer may determine an appropriate sanction at this time, if no further information is required.
      2. The student denies the charge(s); the judicial officer will hear the student’s information and gather any additional information that is available and relevant to the case in question. After reviewing all relevant information, the judicial officer will make a determination of responsible or not responsible.
      3. If the judicial officer determines that the sanction would be greater than Conduct Probation, the student is issued a charge letter outlining possible Student Code violation(s). If the student:
        1. Accepts responsibility, the judicial officer may either:
          • Refer the case to the judicial board as an advisory body, or
          • Present the case to the judicial board for their recommendation on disciplinary action.
        2. Denies the charge(s), the student may choose to have a hearing before the judicial officer (administrative hearing) or before the judicial board.
      4. The student’s hearing will be held within ten business days from the date of the preliminary review unless, in the judgment of the judicial officer or judicial board, legitimate grounds exist for delay. The student will be provided written notice of charges, the date, time and place of hearing, possible consequences of being found responsible for the charge(s), and a copy of the Codes of Student Social Conduct. The student will be advised at the preliminary review that these documents will be available for him/her at the office of the judicial officer no less than three business days before the date of the hearing. The student will be responsible for obtaining these documents.
      5. In lieu of proceeding to a formal hearing, the student and the judicial officer may arrive at a mutually acceptable settlement agreement (MASA) concerning the disposition of the charges, subject to the approval of the judicial coordinator.
      6. When a case involves conflict among students, groups, or organizations, the parties may request mediation or be assigned to binding arbitration. The judicial officer must approve the request. The campus mediation services coordinator will arrange mediation and arbitration.
        1. Mediation is a voluntary, objective, confidential, and nonjudgmental process whereby both parties to a dispute meet with a mediator who will assist them in reaching a written agreement to resolve their conflict. Parties are responsible for keeping the agreement. Violated agreements will not be mediated again.
        2. Arbitration is an objective and confidential process whereby an arbitrator will hear both sides of the matter and render a decision (called a settlement). Terms of the settlement may include stipulated behavior, limited access to specific campus areas, reassignment, or restitution for damage or loss. Arbitration is binding and the decision of the arbitrator is final and may not be appealed. Failure to comply with the mediation agreement or the decision of the arbitrator may result in formal judicial action.
  4. Judicial Board Hearing:
    1. The judicial officer presents the case to the Judicial Board. The judicial officer who held the preliminary review may aid him.
    2. In the case of a student who denies the charges, the Judicial Board determines the merits of the charges and recommends disciplinary action if the charges are substantiated.
    3. The Judicial board will reach its determination on the merits of the charges and the disciplinary action by majority vote.
  5. Judicial Board Hearing Procedures:
    1. Pre-Hearing:
      1. Preliminary review: The accused student indicates to the judicial officer that he/she elects to have a hearing before a Judicial Board.
      2. Schedule hearing: The judicial coordinator schedules the hearing within ten business days from the date of the preliminary review.
      3. Written notice: The judicial officer provides the student a written notice of the charges, the date, time and place of hearing, possible consequences of being found responsible for the charge(s), and a copy of the Codes of Student Social Conduct. The student may obtain documents pertaining to the case from the judicial officer no less than three business days before the date of the hearing.
      4. Judicial board: The Judicial Board is composed of a student, a faculty member, and a staff member, appointed by the president of the College. The judicial coordinator schedules the Board for the hearing.
    2. Hearing:
      1. Judicial Board/judicial officer discussion:
        1. Judicial Board elects one of its members as a chairperson. The role of the chairperson is to conduct the hearing in an orderly manner and to maintain an atmosphere in keeping with the seriousness of the occasion, but relaxed enough to give the defendant confidence in presenting his/her view of the charges.
        2. Judicial Board discusses the case to ensure that they understand all written material and all hearing procedures.
      2. All participants involved in the hearing, including witnesses, are invited into the room.
      3. Opening statements: The chairperson opens the hearing by stating:
        1. I am __________. The Judicial Board has elected me chairperson for this session which has been
        2. Called to hear charges against ___________________.
        3. We are assembled in the _______________.
        4. Today is (day) _____________(date) ______________.
        5. The time is ___________.”
      4. Introductions: Chairperson asks each person to introduce him/herself, giving name and what his/her role is in the hearing (complainant, student charged, advocate, witness, etc.)
      5. Remind all parties of the following information:
        1. Confidentiality of the hearing: It is expected that all information (testimony and written material) given in the hearing will remain confidential.
        2. Roles of the advocate to either party: Advocates are reminded that they may only speak with their advisee. If the advocate has a question, they must ask their advisee to address the Board.
        3. Presenting false information: It is a violation of College policy to present false information in a judicial hearing. Such a violation may lead to disciplinary action.
        4. Technical rules of evidence: This campus judicial hearing will not be bound by technical rules of evidence, but may hear and receive any testimony or evidence which is relevant and material to the issues presented by the charge(s) and which will contribute to a full and fair disposition of the charge(s). The criterion for determining the merit of charges in a campus judicial hearing is the preponderance of the evidence.
        5. Changes: Any requests that call for possible changes in procedure or postponement of the hearing are to be decided by the Judicial Board after hearing the request and the response of the judicial officer.
      6. Response of the accused student to each charge:
        1. Chairperson verifies that the accused student has received a copy of the charge letter and that the contents of the letter are fully understood by the student.
        2. Chairperson reads each charge from the charge letter completely. Have the student state verbally whether or not he/she is responsible or not responsible for each charge.
      7. Chairperson reviews the format of the hearing
        1. Both parties have an opportunity to make an opening statement.
        2. After opening statements, witnesses will be called.
        3. At the appropriate time during the hearing each party will have an opportunity to question the other and all witnesses.
        4. Board members may ask questions throughout the hearing.
        5. Both parties can make final comments.
        6. There will be time for the board and either party to ask final questions to help everyone understand the incident.
      8. Witnesses are asked to leave the room. Witnesses are asked to wait in a prearranged location until they are called. Advocates will remain.
      9. Opening statements made by complainant. The statement should be relevant to the charges; then:
        1. The Board will ask questions.
        2. The student charged will ask questions.
        3. Additional questions may be asked.
      10. Opening statements made by the student accused. The statement should be relevant to the charges; then a) the Board will ask questions, b) the complainant will ask questions, c) Additional questions may be asked.
      11. Witnesses for complainant make statements. Each witness is called individually: a) the Board will ask questions, b) the complainant will ask questions, c) the student charged will ask questions, d) additional questions may be asked, e) witnesses will be asked to return to waiting room until formally dismissed.
      12. Witnesses for the student charged make statements. Each witness is called individually
        1. The Board will ask questions,
        2. The student charged will ask questions,
        3. The complainant will ask questions
        4. Additional questions may be asked,
        5. Witness will be asked to return to waiting room until formally dismissed.
      13. Final comments made by complainant.
      14. Final comments made by student charged.
      15. Final questions and comments. This is an opportunity for everyone in the hearing to ask any final questions.
      16. The Board will move into a closed session to deliberate. The chairperson explains in closing that the Board will now deliberate in a closed session and convey its decision in writing to the student charged, within five business days after a decision is reached.
      17. Closing: Chairperson ends the hearing by announcing this hearing is recessed at __________(time).
      18. All but Board members leave the room.
    3. Post-hearing:
      1. Deliberation: The Board will now determine whether the charges have been substantiated and, if necessary, recommend the appropriate sanctions. A 2/3-majority vote by the Board is required for a final decision. The Board must come to a conclusion within 48 hours (two business days) after the hearing.
      2. Following deliberation: The chairperson reviews the Board’s recommendation with the vice president for student affairs. Within five business days of the hearing, the chairperson prepares and sends the Board’s recommendation to the student charged. The written response must be specific and indicate the preponderance of the evidence used in determining the Board’s decision. Copies of the letter are sent to the president, the vice president for student affairs, and the judicial coordinator. The chairperson collects all material used in the hearing and returns it to the judicial coordinator.
      3. Review recommendations. The vice president for student affairs reviews the Board’s letter to the student charged and either accepts, rejects, or modifies their recommendation. The vice president informs the student charged of the judicial decision. Copies of the decision are sent to the president, Board chairperson, and judicial coordinator.
  6. Administrative Hearing: In an administrative hearing, the judicial officer hears the case. Like a Judicial Board hearing, it is a hearing with full presentation of evidence and witnesses. The judicial officer weighs the evidence as presented, determines the merits of the charges, and imposes the sanction(s), if appropriate
  7. Appeals:
    1. A decision reached by the Judicial Board or a sanction imposed by the judicial officer may be appealed by the accused student(s) to the president (judicial board decision) or to the vice president for student affairs (judicial officer sanction). The student must make appeals in writing within five business days after receipt of the written judicial decision.
    2. An appeal may be heard on the following grounds only:
      1. The Judicial Board or judicial officer failed to observe the procedural requirements established by the Codes of Student Social Conduct.
      2. The sanction is grossly inappropriate to the proven offense.
      3. New evidence has appeared subsequent to the initial hearing, which could have substantially affected the original findings.
  8. Victim’s Rights Statement: As a victim (recipient) of violence, prohibited under the Codes of Student Social Conduct, you will be treated with dignity and in a caring and sensitive manner by all staff. As part of the full investigation you have the right to the following:
    Services (if requested and/or appropriate): You have the right to :
    • Prompt referral for medical attention.
    • The immediate in-person support of a member of the SUNSET (Student Unwanted Sexual Experiences Team) team, the PACE Team for ethno violence or issues of sexual orientation, or the Affirmative Action office.
    • Advice from an attorney (not provided by the College).
    • Referrals for counseling and other support services.
    • Use of the campus escort service.
    • Timely modifications of on-campus housing and class arrangements.
    Reporting: You have the right to:
    • Freedom from pressure to report or not report.
    • Report or not report the incident to the office of Public Safety, the office of Residential Life, the office of the Vice President for Student Affairs, or the Affirmative Action office.
    • Expect that if a Public Safety report is filed, all avenues within the law will be used to apprehend the offender.
    • Reasonable protection from any unwanted contact and/or threats by the offender.
    • File an anonymous report with a member of the SUNSET Team (if appropriate) to keep the information on file.
    • Copies of all statements you have filed.
    Judicial System Procedures: You have the right to:
    • An explanation of all procedures.
    • Be accompanied by an advocate throughout all proceedings
    • A comfortable and secure waiting area prior to the hearing.
    • Special accommodations during the hearing if requested (such as screening).
    • Remain in the hearing throughout the proceedings.
    • Request that discussion of past history or behavior be limited to that which is relevant to the case.
    • Suggest (in person or in writing) appropriate penalties to the Judicial Board/judicial office after a finding.
    • Be notified of the outcome of the hearing.
    Special Procedures - Cases of Rape and/or Sexual Assault: In cases of alleged rape and/or sexual assault:
    • There may be a delay in the proceedings.
    • Screening may be used to avoid direct contact between the victim and the accused.
    • The victim’s advocate may request that questions be raised on behalf of the victim.
    • The victim and the accused may request a mediated agreement to the complaint. It may be mediated and resolved without formal charges being filed. The purpose of this process is to minimize embarrassment for all parties, to resolve the complaint to the satisfaction of both parties, and to centralize the reporting of alleged offenses. If one or both parties do not agree that informal resolution has occurred, the case may proceed through the formal judicial process.
  9. Student’s Rights When Charged With A Violation:
    1. The burden of proof in a hearing is with the party bringing the charges. The College meets this burden by an admission of guilt by the student, or by the presentation of information and evidence at a hearing, which results in the Judicial Board or judicial officer finding the charge supported by a preponderance of the evidence.
    2. The right to be given written notice of the nature of the charges and to be informed of one’s rights prior to a hearing.
    3. The right to receive, upon request, a list of the witnesses who will appear in the hearing in support of the charges. The provision of such a list of witnesses will not preclude the testimony of witnesses who were unknown at the time of such request.
    4. The right to receive, upon request, the names of the Judicial Board members. If the student feels any member or members of the Judicial Board cannot objectively and fairly hear the case, the objection must be made to the judicial coordinator at least twenty-four hours prior to the hearing. The judicial coordinator will determine the merits of the complaint, base substantive information, and will decide whether or not to replace the Board member(s) in question. The accused may not discuss any matters related to the pending hearing.
    5. The right to deny the charge in a preliminary review and, where the contemplated sanctions are greater than conduct probation, the right to:
      1. An administrative hearing before a judicial officer.
      2. A hearing before a Judicial Board.
    6. The right to bring witnesses and/or representatives to the hearing. If the student chooses to bring legal counsel, counsel may only advise the accused and may not participate in the hearing, e.g., by presenting the student’s case or examining witnesses. The judicial coordinator on the basis of unavailability of important witnesses or representatives may allow postponement of a scheduled hearing, but only if sufficient cause for said unavailability is shown. No postponement will go beyond ten business days.
    7. The right to question witnesses and the person making the charge.
    8. The right to produce witnesses and documentary evidence in his/her own behalf.
    9. The right of access to the taped proceedings of the hearing. The student may request to review the tape recording by scheduling a meeting time with the judicial coordinator.
    10. The right to appeal his/her case.
  10. Additional Information:
    1. A student who is charged with a violation just prior to the termination of a semester, when there is not sufficient time to hold a hearing before the semester ends, will be given a hearing as soon as is feasible after the semester ends. The accused student who leaves the Brockport area is responsible for transportation and other expenses related to his/her right to be present at the hearing as scheduled.
    2. Failure to appear in response to the charge(s) on the date fixed for the hearing, unless there has been a continuance approved by the judicial coordinator prior to the hearing, will result in the hearing being held without the accused. The hearing will be held and a determination of sanction will be made. The student will be notified of the sanction. Within five business days of the postmark date of the notice of sanction, if the student shows good cause for failure to appear and failure to give prior notice of intention not to appear, the judicial coordinator may withdraw the sanction and arrange a rehearing.
    3. All judicial hearings will be audio-recorded by the College.
    4. Cameras or other reproduction equipment, other than the College tape recorder, are not permitted in a judicial hearing.
    5. All judicial hearings are closed unless the accused student requests in writing, in advance of the hearing, that the hearing be open. The request is made to the judicial coordinator, who will also consult with the complainant. The judicial coordinator will determine whether the hearing will be open or closed. In an open or closed hearing, no observers may speak. Some or all observers may be dismissed from the hearing room by the Judicial Board chairperson if crowding or behavior interferes with the orderly process of the hearing.
  11. Student Groups and Organizations:
    1. Student groups and organizations may be charged with violations of this Student Code.
    2. A student group or organization and its officers may be held collectively or individually responsible when violations of this Student Code occur.
    3. The officers and/or leaders and/or spokespersons or a student group or organization may be directed by the vice president for student affairs or a designee to take appropriate action designed to prevent or end violations of this Student Code. Failure to make reasonable efforts to comply with the vice president’s directive will be considered a violation of Personal Integrity (I) of this Student Code, both by the officers, leaders or spokespersons for the group or organization and by the group or organization itself.
    4. Sanctions for group or organization misconduct may include revocation or denial of recognition, as well as other appropriate sanctions.

665.07 Policies Pertaining to the Judicial System

  1. A student who withdraws from the College after being charged with a violation will not be exempt from campus judicial action. The normal judicial procedure may be followed at any time but in all cases before a student is allowed to re-enroll. The accused student will receive due notice of hearings. Any resulting sanction of suspension or dismissal will replace the withdrawal status on the transcript. Lesser sanctions will be kept on file for reference if the student applies for readmission.
  2. A graduating senior who is found guilty of a violation and who received a suspension for a period extending beyond his/her graduation date may not receive the diploma until the term of suspension has been served.
  3. Any sanctions, which result from a preliminary review or hearing, will be written and sent by certified mail to the student, if off campus. A copy of the decision letter will be kept on file in the office of Vice President for Student Affairs. A copy will be sent to the parents of dependent students. The file may be used as a disciplinary record in any future judicial proceedings involving the student, in order to determine appropriate disciplinary action.
  4. In accordance with the Family Educational Rights and Privacy Act of 1974, the College may release information pertaining to individual judicial cases to appropriate College personnel and to parents of students who are dependent. Information from a student’s judicial file will not be made available, without the student’s written consent, to anyone other than the student, appropriate College personnel, and parents of dependent students except by court order or lawfully issued subpoena.
  5. A sanction of suspension or dismissal from the College will appear on the student’s transcript as Conduct Suspension with the period of suspension specified, or Conduct Dismissal.
  6. A student’s judicial record will be maintained for a period of seven (7) years from the date of the last entry or until the student graduates, except in a matter of suspension or dismissal, in which case the record is maintained indefinitely.
  7. The term business days used in this code with reference to scheduling and notification means days on which the administrative offices of the College are officially open for business.
  8. The College president, or his/her designee, may suspend a student for an interim period pending disciplinary proceedings or medical evaluation. The interim suspension will become effective immediately without prior notice.
    1. Interim suspension may be imposed only:
      1. To ensure the safety and well being of members of the College community or preservation of College property.
      2. To ensure the student’s own physical or emotional safety and well-being,
      3. If the student poses a significant threat of disruption of, or interference with, the normal operations of the College.
    2. During the interim suspension, students will be denied access to the residence halls and or other campus facilities and/or all other College activities or privileges for which the student might otherwise be eligible or as determined to be appropriate by the College president or his designee.
  9. A student who is charged with a civil or criminal off-campus violation may be subjected to College disciplinary proceedings, if it is believed that such violations could adversely affect the normal educational function of the College or could injure or endanger the welfare of others in the College.

665.08 Interpretation and Revision

  1. Any question of interpretation regarding the Codes of Student Social Conduct shall be referred to the vice president for student affairs or his/her designee for final determination.
  2. The Codes of Student Social Conduct shall be reviewed every three years under the direction of the vice president for student affairs.
  3. The Codes of Student Social Conduct must be approved by the Brockport College Council.

665.09 Intercollegiate Athletics Code of Conduct

  1. Preamble: the educational mission of the intercollegiate athletics program guides Conduct. Participants at contests, including coaches, athletes, and spectators, are expected to focus on the suspense of the game and the skills exhibited by the athletes. All participants are responsible for their own actions and their contribution to the result of the contest.
  2. Conduct of Coaches: Coaches are expected to guide and to control the actions of athletes throughout the contest and to motivate them to perform at the highest level possible. Coaches must reinforce the importance of adherence to the rules of the contest and the performance of the skills and strategies necessary for a successful contest. All coaching actions should focus on the objectives of the contest and should not detract from the purpose of the sport. Coaches are expected to be examples for athletes and spectators. Their conduct should reflect the greatest respect for skillful performance and the positive benefits associated with participation in sport.
  3. Conduct of Athletes: Participation in intercollegiate athletics is a privilege that brings with it the expectation for conduct that is a credit to the individual and the College. Athletes have the opportunity to demonstrate their understanding of the sport through skilled performance, adherence to the rules and standards, and consistent attention to the flow of the game. Athletes are expected to strive for their best performance at all times through self-discipline and regulation.
  4. Conduct of Spectators: Spectators are the witnesses to the best competition the two teams can provide during a particular contest. They are expected to support their favorite team or player and to acknowledge outstanding performance. Spectators should focus their attention on the contest and should be deterred from any activity, which detracts from it.

 

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