2007-2008
Your Right to Know &
Academic Policies Handbook

Chapter 5: Codes of Student Social Conduct

Purpose
Definitions
Background
Expectations/Applications

Prohibited Behavior
Range of Disciplinary Actions

Student Conduct System

Organization of the Campus Student Conduct System
Student Conduct System Procedures
Policies Pertaining to the Judicial System
Interpretation and Revision

Code of Student Social Conduct: Rules and Regulations for Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York
Procedures for the Giving of Reasonable Advance Notice to this Institution of any Planned Assembly, Picketing or Demonstration Upon the Grounds of this Institution
Development of Student Regulations
Recognition of the Rights and Responsibilities of Students
Need for Due Process
Availability of the Rules and Regulations
Periodic Review by the Chancellor

Purpose

SUNY College at Brockport is committed to creating a campus and community environment conducive to education, study, work and personal development. To maintain this desired environment, the College has 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 student conduct system. The regulations pertain to the actions of individuals while they are students, either on or off the campus grounds. The student conduct coordinator shall decide whether the Codes of Student Social Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, where there is a nexus to the College. The student conduct system procedures have been established to ensure due process and fundamental fairness to all individuals and organizations involved in campus judicial proceedings.

Definitions

The term SUNY College at Brockport or SUNY Brockport means the State University of New York College at Brockport.
The term “student” includes all persons taking courses at SUNY College at Brockport, either fulltime or part time, matriculated or non-matriculated, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Codes of Student Social Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with SUNY College at Brockport or who have been notified of their acceptance for admission are considered “students” as are persons who are living in SUNY College at Brockport residence halls, although not enrolled in this institution. The Codes of Student Social Conduct apply at all locations of SUNY College at Brockport, including the MetroCenter.
The term “faculty member” means any person hired by SUNY College at Brockport to conduct classroom or teaching activities or who is otherwise considered by SUNY College at Brockport to be a member of its faculty.
The term “SUNY College at Brockport official” or “College official” includes any person employed by SUNY College at Brockport, performing assigned administrative or professional responsibilities.
The term “member of the College community” includes any person who is a student, faculty/staff member, College official, or any other person employed by SUNY College at Brockport or related entities. A person’s status in a particular situation shall be determined by the president’s designee.
The term “SUNY College at Brockport premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by SUNY College at Brockport (including adjacent streets and sidewalks).
The term “organization” means any group of persons who have complied with the formal requirements for SUNY College at Brockport recognition/registration.
The term “hearing board” means any person or persons authorized by the social conduct coordinator/president’s designee to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a rules violation has been committed.
The term “student conduct officer” means a SUNY College at Brockport official authorized on a case-by-case basis by the student conduct coordinator/president’s designee to impose sanctions upon any student(s) found to have violated the Codes of Student Social Conduct. The student conduct coordinator/president’s designee may authorize a student conduct officer to serve simultaneously as a student conduct officer and the sole member or one of the members of the Student Conduct Board. The student conduct coordinator/president’s designee may authorize the student conduct officer to impose sanctions in all cases.
The term “appeal officer” means any person authorized by the president’s designee to consider an appeal from a hearing board’s determination as to whether a student has violated the Student Code or from the sanctions imposed by the student conduct officer.
The term “shall” is used in the imperative sense.
The term “may” is used in the permissive sense.
The student conduct coordinator is that person designated by the College president to be responsible for the administration of the Codes of Student Social Conduct.
The term “policy” means the written regulations of SUNY College at Brockport, as found in, the Codes of Student Social Conduct, the Residence Hall License, Campus Alcohol Policy, the Residence Hall Handbook, policy statements regarding sexual harassment and non-discrimination as well as bias and bias-related incidents, any policy listed on the College Web page and/or the Computer Use Policy, the graduate/undergraduate catalogs, and the Traffic Code. Copies of these policies can be found in their respective offices and at brockport.edu.
The term “complainant” means any person who submits a charge alleging that a student violated the Codes of Student Social Conduct. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Codes of Student Social Conduct as are provided to the complainant, even if another member of the College community submitted the charge.
The term “accused student” means any student accused of violating his student code.

Background

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 Student Conduct Boards, student conduct officers, the student conduct coordinator, the assistant to the vice president for student affairs, and the vice president for enrollment management and student affairs.

The campus judicial system is a system of student conduct policies and procedures that 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.

In addition to the Codes of Student Social Conduct, there is a separate set of conduct regulations. 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 and all others on the Brockport campus so that the College can 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 6430 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 College reserves the right to decide on which set of conduct regulations to use in reviewing an alleged violation. The Student Conduct Regulations were revised and approved by the Brockport College Council on April 4, 2006.

Expectations/Applications

As is consistent with the aims of the Mission of the College and as citizens of the community of Brockport, students are expected to improve the society in which they live and become productive members of that society. Therefore, a student who is charged with a civil or criminal off-campus violation where there is a nexus to the College may be subject to College disciplinary proceedings. Student groups and organizations may be charged with violations of this Student Code. A student group or organization and its officers may be held collectively and/or individually responsible when violations of this student code occur.

The officers and/or leaders and/or spokespersons of a student group or organization may be directed by the vice president for enrollment management and student affairs or 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 for enrollment management and student affair’s directive will be considered a violation of this student code (Responsibility for the Common Good, item S), both by the officers, leaders, or spokespersons for the group or organizations and by the group or organization itself.

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 and consequences as would be applicable if the alleged conduct 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. The prohibited behaviors apply to students and recognized organizations at SUNY Brockport.

Responsibility for the Common Good
The following conduct by a student or student organization is prohibited:

Conduct that 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.
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
Violation of any provision of the Residence Hall License, Student Townhomes Handbook and License, or rules contained in the documents More About Residential Life and the Residence Hall System Alcohol Policy.
Attempted or actual theft, unauthorized possession of, or damage to College property; theft of services; or theft of or damage to property of another on institutional premises. Property includes, but is not limited to, data and information stored on electronic or computer media.
Tampering with fire equipment, fire alarm equipment and/or setting off false alarms in any building on institutional premises.
The willful overloading, damaging, dismantling or tampering with elevators or elevator equipment.
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 from which they have been restricted as part of a student conduct sanction.
Unauthorized possession, duplication or use of any keys to any College premises or unauthorized entry to or use of College premises.
Unauthorized Presence. Students who have no specific legitimate reason for being in College buildings or on campus grounds may be subject to a charge of unauthorized presence. This includes, but is not limited to, being present in buildings and facilities that are officially closed or where the individual does not have a College official’s written permission.
Students may not advertise, solicit, or sell any goods or services on campus without prior written permission from the vice president for enrollment management and student affairs or designee. Unaddressed handbills, announcements, election flyers, or advertisements are not to be placed under campus doors or on vehicles on campus property. Individuals should refer to the campus posting policy for more information.
Violation of the College’s smoking policy. A copy of that policy is found at www.brockport.edu/hr/documents/smokingpolicy.doc or the Office of Residential Life/Learning Communities. In addition, students may not smoke within twenty feet of any part of any of the residence halls.

Respect for the Dignity of the Person
The following conduct by a student or student organization is prohibited:

Physical assault that intentionally or recklessly causes physical injury to another person and/or causes 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 any device in circumstances that do not justify the use of such device.
Sex offenses, including but not limited to, sexual misconduct, sexual intercourse without consent, or sexual intercourse when the victim is incapable of giving consent.
Improper sexual contact with 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.
Unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal and physical contact of a sexual nature is expressly forbidden by this policy when:

Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, or basis for admission to, performance in, evaluation in, or completion of an educational program.
Submission to or rejection of such conduct by and individual is used explicitly or implicitly as the basis for employment or evaluative decision affecting such individual.
Such conduct is sufficiently severe, persistent, and/or pervasive so as to substantially and unreasonably interfere with the individual’s work or academic environment or performance, or unreasonably creates an intimidating, threatening, or abusive working or learning environment.

Acts of sexual harassment may include a pattern of offensive e-mails and “instant messaging” communications.

Hazing. Defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense.
Intimidation, harassment, or other conduct that threatens and/or endangers the life, health, and/or welfare of any member of the institution.
Stalking. When a person intentionally and for no legitimate purpose repeatedly engages in conduct toward another person, in any form (e.g., telephone calls, instant messages), by one or more of the following:

Following that person in or about a public place or places where the person has been previously informed to cease that conduct, and/or
contacting another person repeatedly where the person has been informed to cease that conduct, and/or
repeatedly committing acts, which cause a person to reasonably fear physical injury.

Conduct that is disorderly, a breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community.

Personal Integrity
The following conduct by a student or student organization is prohibited:

Abuse of the Student Conduct System, including, but not limited to:

Failure to obey the instructions of a student conduct officer, student conduct body or College official.
Falsification of information presented to a student conduct body.
Disruption or interference with the orderly conduct of a student conduct proceeding.
Institution of a student conduct proceeding without cause by knowingly filing a false report or statement.
Attempting to discourage an individual’s proper participation in, or use of, the student conduct system through intimidation or any other improper means.
Attempting to influence the impartiality of a member of a student conduct body prior to, and/or during the course of, the student conduct proceeding.
Harassment (verbal or physical) and/or intimidation of a member of a student conduct body prior to, during, and/or after a student conduct proceeding
Influencing or attempting to influence another person to commit an abuse of the student conduct system.
Failure to comply with the sanction(s) imposed under the student codes.
Failure to comply with the conditions stipulated by a campus student conduct system arbitration settlement.

Refusal to identify oneself or present a valid SUNY Brockport student identification card when requested to do so by a College official.
Failure to comply with the directions of College officials acting in performance of their duties. Students are required to cooperate with College officials when those officials have identified themselves and are acting expressly within their authority to enforce a written College policy. College officials include faculty and staff of the College. Also included are student employees who are carrying out assigned work responsibilities. Cooperation includes, but is not limited to, appearing at offices when directed to do so, showing identification and leaving areas when directed to do so.
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).
Falsifying information or failing to report required information (such as previous college attendance or prior disciplinary sanctions) on any admissions application or related materials.
Improper and unlawful uses of College library collections include, but are not limited to:

Theft, removal or unauthorized possession of library items where there is no evidence that standard checkout procedures were followed.
Intentional damage, destruction or defacement of library materials.
Retention of library materials beyond a 30-day period after the date of the final written notification and request to return them.
Hiding library items in the library building for exclusive personal use, so that others cannot locate or use them.

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.
Theft or other abuse of electronic technologies, including but not limited to:

Unauthorized entry into a system (voice/data/video/mechanical/security), to use, read or change the contents, or for any other purpose.
Unauthorized transfer of a file.
Unauthorized use of another individual’s identification and password.
Intentional use of computing facilities to interfere with the operation of any computing system.
Use of electronic mail/instant messages to send chain letters, harassing messages.
Use of College computing facilities for commercial activities.
Unauthorized transfer/copying of copy- righted material (e.g., software, .mp3 files) that is not protected by fair use.

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.
Prohibited behavior, either on or off campus, resulting from irresponsible and/or illegal use of alcoholic beverages and/or illegal controlled substances.

Range of Disciplinary Actions

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

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 responsible for violating a specific regulation and that continued or repeated infractions will result in further action.
Residence Hall Probation. Residency status of the student is probationary for a specified period of time. The student has an opportunity to demonstrate that s/he 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.
Residence Hall Reassignment. The student is reassigned to another room and/or hall and may be restricted from her/his former residence.
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.
Revocation or Denial of Recognition. Group or organization misconduct may include revocation or denial of recognition (and all privileges therewith) from SUNY Brockport.
Suspension from the Residence Halls. The student is suspended from the residence hall system for a specified period of time.
Conduct Suspension. Status of the student is terminated temporarily for a specified period of time. S/he is restricted from access to campus premises except by written permission from the vice president for enrollment management and student affairs or designee. “Conduct Suspension” will appear on the student’s transcript, with the period of suspension specified.
Conduct Dismissal. Status of the student is terminated and s/he is permanently separated from the College. S/he is restricted from access to campus premises except by written permission from the vice president for enrollment management and student affairs or designee. “Conduct Dismissal” will appear on the student’s transcript.

The actions below may be applied additionally as conditions of sanctions listed above:

Developmental Experience. The student may be required to attend and/or participate in a course, workshop, group, program or other appropriate project. Costs associated with administrative assessments may be billed to the student.
Restitution. The student may be required to pay for or replace damaged or misappropriated property.
Unpaid College Community Service. The student may be assigned College community service in a campus area. 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.
Restriction from Facilities. The student may be denied use of or otherwise may be restricted from specified campus facilities.
Social Restriction. The student may be restricted from participation in College-sponsored activities for a specified period of time.
Mediation. When a case involves conflict between students, groups or organizations, the parties may be assigned to mediation by the student conduct officer. Mediation is an objective, confidential and non-judgmental 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 complying with the terms of the agreement. Violated agreements will not be remediating, but may necessitate further student conduct action.
Parental Notification. As permitted by the Family Educational Rights and Privacy Act, the parents of students (under the age of 21) found responsible for alcohol and/or drug violations of the Codes of Student Social Conduct will be notified. In addition, parents may also be notified for other violations of the Codes of Student Social Conduct as permitted by the Family Educational Rights and Privacy Act.
Removal from the Residence Hall System. The student may be required to move out of her/his residence hall and be restricted from living on campus.

Administrative Withdrawal

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:

Poses a danger of physical harm to the student or others, or
is likely to cause property damage, or
is likely to impede the lawful activities of others, or
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.

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 her/his condition:

Lacks the capacity to respond to pending disciplinary charges, or
did not know the nature or wrongfulness of the conduct at the time of the offense.

Referral for Evaluation

The College student conduct coordinator may refer a student for evaluation by a mental health or health care professional, such as a physician, as appropriate, if the student conduct coordinator believes that the student may meet the criteria set forth in Standards for Withdrawal (this section).

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 (5) business days from the date of the referral letter, unless an extension is granted by the student conduct coordinator.

Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the student conduct 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.

Interim Suspension

An interim suspension may be implemented immediately for either of the following reasons:

A student fails to complete an evaluation within five (5) business days, or
the student conduct 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.

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 student conduct coordinator, or a designee, within two (2) business days from the effective date of the interim suspension, to review the following issues only:

The reliability of the information concerning the student’s behavior;
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;
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. A student may be accompanied by legal counsel, although the role of counsel will be strictly limited to providing legal advice to the student.

An informal hearing will be held within seven (7) 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 student conduct coordinator.

Informal Hearing

A student subject to an involuntary withdrawal will be accorded an informal hearing before the student conduct coordinator or a designee. The following guidelines will be applicable:

Students will be informed of the time, date and location of the informal hearing.
The entire case file, including the evaluation and the names of prospective witnesses, will be available for inspection by the student in the student conduct 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.
The informal hearing will be conversational and not adversarial. Formal rules of evidence will not apply.
The student may be assisted according to the same guidelines as those for the informal interim suspension hearing (Interim Suspension this chapter).
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.
The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
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.
The student conduct coordinator or designee may permit a College official, and the mental health or health care professional who prepared the evaluation, to appear at the informal hearing and to present evidence in support of any withdrawal recommendation.
The informal hearing will be tape recorded by the student conduct coordinator or designee.
The student conduct coordinator or designee will submit a written decision within five business days after the completion of the informal hearing.

Student Conduct System

Organization of the Campus Student Conduct System

Student Conduct Coordinator

The student conduct system at SUNY Brockport is under the direction of the student conduct coordinator, who is appointed by the vice president for enrollment management and student affairs. The student conduct coordinator is charged with the responsibility for seeing that fundamental fairness is provided to students accused of violating College regulations. To accomplish this task, the student conduct coordinator:

Publishes each year the Codes of Student Social Conduct and recommends revisions as needed.
Orients Student Conduct System and Administrative Conduct Board members to the judicial system and to their roles and responsibilities.
Acts as a student conduct officer and supervises other student conduct officers appointed by the vice president for enrollment management and student affairs. The student conduct coordinator systematically assigns student conduct cases among the student conduct officers for preliminary review and resolution. Cases referred to resident directors (as student conduct officers) in the residence halls are not eligible to be heard by student conduct or administrative conduct hearing boards.
Receives charges against individual students for violations of College regulations.
Schedules and arranges Student Conduct Board hearings as required and presents cases at these hearings.
Maintains the official student conduct records.

Student Conduct Officers

Student conduct officers are appointed by the vice president for enrollment management and student affairs to adjudicate student conduct charges in preliminary reviews and administrative hearings. The student conduct officer:

Receives incidents referred by the student conduct coordinator for adjudication.
Sets up a preliminary review with each student so charged to discuss the charges and the student’s rights. This step offers students the choice to have the student conduct officer hear the case or to refer the case to a student conduct or Administrative Conduct Board. Sensitive cases, such as those of sexual assault, may be assigned to an administrative board by the student conduct coordinator.
Determines the sanction to be applied when the student has admitted to charges in a preliminary review or is found responsible in an administrative hearing.
Officially communicates all student conduct 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.
Transmits incident files to the student conduct coordinator for filing when a case has been resolved.

Student Conduct Boards and Administrative Conduct Boards

An Administrative Conduct Board is composed of a student, a faculty member and a College staff member appointed by the president of the College or his designee. Alternates may be appointed from the student body or the faculty generally. A Student Conduct Board is composed of five members of the student conduct court. A panel of three members may hear the case with the agreement of the complainant and the accused.
The Student Conduct Boards and Administrative Conduct Boards:

Hear cases as scheduled by the student conduct coordinator.
Hear statements and evidence related to the case in question.
Seek answers to all questions pertaining to statements and evidence presented.
Determine the merits of the charges against the student after a full discussion of the case in closed session.
Recommends disciplinary action to the student conduct coordinator or presidential designee.
Acts in an advisory capacity upon the request of the student conduct coordinator in a case where the student has admitted to charges, but where a significant penalty may be imposed and therefore a full review of all relevant facts is advisable.

Appeal Officer

The College president or the vice president for enrollment management and student affairs or their designee will hear appeals of penalties under procedures described in the Appeals section of this chapter.

Disciplinary Action Review

All disciplinary actions are subject to review and/or amendment by the president of the College.

Student Conduct System Procedures

Student Conduct Referral

Any member of the College community may file a complaint against any student for misconduct.
Referrals may be made in the following ways:

In written form to the campus student conduct coordinator.
At the Department of University Police by completing a University Police Incident Report or Service Report.
At the residence hall by completing a Residence Hall Incident Report.

The student conduct coordinator will assign the complaint to a campus judicial officer.

Notice of Student Conduct Charges

The student conduct officer will review the complaint to determine if:

There was a violation of the Student Code.
There is reasonable suspicion to believe that the accused student committed the violation.

If the student conduct officer determines that the complaint meets the above referenced standards, s/he will schedule a preliminary review with the accused student.
If the accused student is unable to be contacted by any other means, s/he will be notified in writing of pending charges and given a time and place to meet with the student conduct officer. The student is sufficiently notified if informed in person or if the letter is personally delivered to her/him or mailed to her/his local and/or home address that appears on official College records.
If the accused student fails to respond within five (5) business days from personal notification or the postmark date of the notification letter, s/he will be deemed to have waived her/his right to choose between a Student Conduct Board hearing or an administrative hearing. The student conduct 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 her/him and the date, time and location of the hearing. The student may request a copy of the College student conduct system procedures.

Preliminary Review

The student conduct officer reviews the complaint and charges against the student and also reviews the student conduct process and the rights of the student.
If the student conduct officer determines that the sanction for the violation(s) would be Conduct Probation or less and:

The student accepts responsibility; the student conduct officer may determine an appropriate sanction at this time, if no further information is required.
The student denies the charge(s); the student conduct officer will hear the student’s information and gather any additional information that is available and relevant to the case in question or refer the case to the Student Conduct Board. If the case is not referred to the Student Conduct Board, and after reviewing all relevant information, the student conduct officer will make a determination of responsible or not responsible.

If the student conduct 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:

Accepts responsibility, the student conduct officer may either:

Review all available information and determine a suitable sanction, or
Present the case to the Administrative Conduct Board or Student Conduct Board for their recommendation on disciplinary action.

Denies the charge(s), the student may choose to have a hearing before the student conduct officer (administrative hearing) or before the Student Conduct Board or Administrative Conduct Board.

The student’s hearing will be held within ten (10) business days from the date of the preliminary review, unless in the judgment of the student conduct officer or Administrative Conduct Board or Student Conduct 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 her/him at the office of the student conduct officer no fewer than three (3) business days before the date of the hearing. The student will be responsible for obtaining these documents.
When a case involves conflict among students, groups or organizations, the parties may request mediation or be assigned to binding arbitration by the Student Conduct Board. The request must be approved by the student conduct officer.
1. Mediation is a voluntary, objective, confidential and non-judgmental 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 compliance with the agreement. Violated agreements will not be referred back to mediation.
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, but are not limited to 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.
3. Failure to comply with the mediation agreement or the decision of the arbitrator may result in formal student conduct action.

Administrative Conduct Board or Student Conduct Board Hearing

The student conduct officer presents the case to the Student Conduct Board or Administrative Conduct Board. S/he may be aided by the student conduct officer who held the preliminary review.
In the case of a student who denies the charges, the Student Conduct Board or Administrative Conduct Board determines the merits of the charges and recommends disciplinary action if the charges are substantiated.
The Student Conduct Board or Administrative Conduct Board will reach its determination on the merits of the charges and the disciplinary action by majority vote.

Administrative Conduct Board or Student Conduct Board Hearing Procedures

(The following refers to the procedures for both an Administrative Conduct Board hearing and Student Conduct Board hearing. For the purposes of understanding the procedures, they will be referred as “conduct board” for this section unless otherwise noted).

Pre-hearing

Preliminary review. The accused student indicates to the student conduct officer that s/he elects to have a hearing before a conduct board.
Schedule hearing. The student conduct coordinator schedules the hearing within ten (10) business days from the date of the preliminary review.
Written notice. The student conduct 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 student conduct officer no less than three (3) business days before the date of the hearing.
Hearing boards. An Administrative Conduct Board is composed of a student, a faculty member and a staff member, appointed by the president of the College. A Student Conduct Board is composed of five members of the student conduct court. A panel of three members may hear the case with the agreement of the complainant and the accused. The student conduct coordinator schedules the board for the hearing.

Hearing

Conduct Boards:

Conduct boards elect 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 matter, but relaxed enough so that all witnesses will feel comfortable in testifying.
Conduct board discusses the case to ensure that they understand all written material and all hearing procedures.

All participants involved in the hearing, including witnesses, are invited into the room.
Opening statements. The chairperson opens the hearing by stating:

“I am ____________. The conduct board has elected me chairperson for this session which has been
called to hear charges against _______.
We are assembled in the ___________.
Today is (day) ______ (date) _______.
The time is ________________.

Introductions. The chairperson asks each person to introduce her/himself, giving name and what her/his role is in the hearing (complainant, student charged, advocate, witness).
Remind all parties of the following information:

Confidentiality of the hearing: It is expected that all information (testimony and written material) given in the hearing will remain confidential.
Roles of the advocate to either party:
Advocates are reminded that they may only speak with their advisee. If the advocate has a question, s/he must ask her/his advisee to address the board.
Presenting false information: It is a violation of College policy to present false information in a conduct board hearing. Such a violation may lead to disciplinary action.
Technical rules of evidence: This campus conduct board 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 responsibility or non-responsibility in a campus conduct hearing is the preponderance of the evidence, or what is more likely than not to have happened.
Changes. Any requests that call for possible changes in procedure or postponement of the hearing are to be decided by the conduct board after hearing the request and the response of the student conduct officer.

Response of the accused student to each charge:

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.
Chairperson reads each charge from the charge letter completely. Have the student state verbally whether or not s/he is responsible or not responsible for each charge.

Chairperson reviews the format of the hearing:

Both parties have an opportunity to make an opening statement.
After opening statements, witnesses will be called.
At the appropriate time during the hearing each party will have an opportunity to question the other and all witnesses.
Board members may ask questions throughout the hearing.
Both parties can make final comments.
There will be time for the board and either party to ask final questions to help everyone understand the incident.

Witnesses are asked to leave the room. Witnesses are asked to wait in a prearranged location until they are called. Advocates will remain.
Opening statements made by complainant. The statement should be relevant to the charges; then:

The board will ask questions.
The student charged will ask questions.
Additional questions may be asked.

Opening statements made by the student accused. The statement should be relevant to the charges; then

The board will ask questions.
The complainant will ask questions.
Additional questions may be asked.

Witnesses for complainant make statements. Each witness is called individually.

The board will ask questions.
The complainant will ask questions.
The student charged will ask questions.
Additional questions may be asked.
Witnesses will be asked to return to waiting room until formally dismissed.

Witnesses for the student charged make statements. Each witness is called individually.

The board will ask questions.
The student charged will ask questions.
The complainant will ask questions.
Additional questions may be asked.
Witness will be asked to return to the waiting room until formally dismissed.

Final comments made by complainant.
Final comments made by student charged.
Final questions and comments. This is an opportunity for everyone in the hearing to ask any final questions.
The board will move into a closed session to deliberate. 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 (5) business days after a decision is reached.
Closing. Chairperson ends the hearing by announcing, “This hearing is recessed at (time).”
All but board members leave the room.

Post-hearing

Deliberation. The board will now deter-mine whether the charges have been sub-stantiated using the preponderance of evidence standard and, if necessary, recommend the appropriate sanctions. A 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.
Following deliberation. The chairperson reviews the board’s recommendation with the vice president for enrollment management and student affairs, student conduct coordinator, or designee. Within five (5) 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 (for sanctions of conduct suspension or conduct dismissal), the vice president for enrollment management and student affairs or designee and the student conduct coordinator. Chairperson collects all material used in the hearing and returns it to the student conduct coordinator.
Review recommendations. The vice president for enrollment management and student affairs, student conduct coordinator, or designee reviews the board’s letter to the student charged and either accepts, rejects or modifies their recommendation. The vice president for enrollment management and student affairs, student conduct coordinator, or designee informs the student charged of the judicial decision. Copies of the decision are sent to the appropriate offices.

Administrative Hearing

In an administrative hearing, the student conduct officer hears the case. Like a Conduct Board hearing, it is a hearing with full presentation of evidence and witnesses. The student conduct officer weighs the evidence as presented, determines the merits of the charges and imposes the sanction(s) if appropriate.

Appeals

A decision reached by the Conduct Board or a sanction imposed by the student conduct officer may be appealed by the accused student(s) to the president or his designee (Conduct Board decision) or to the vice president for enrollment management and student affairs or designee (student conduct officer sanction). The student must make appeals in writing within five (5) business days after receipt of the written decision.
An appeal may be heard on the following grounds only:

The Administrative/Student Conduct Board or student conduct officer failed to observe the procedural requirements established by the Codes of Student Social Conduct.
The sanction is grossly inappropriate to the proven offense.
New evidence has appeared that was not known at the time of the original hearing and could not have reasonable been discovered at the time of the original hearing that could have had a material impact on the outcome of the original determination.

Standard appeals may be sent in intercampus mail to: Appeals Officer, Student Conduct, Allen Administration.

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 Rape Crisis Service (for incidents of sexual assault) the PACE Team (for ethnoviolence 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, and assistance of College officials in making a complaint to the police.
Report or not report the incident to University Police, the Office of Residential Life/Learning Communities, the Office of Enrollment Management and Student Affairs or the Affirmative Action Office.
Reasonable protection from any unwanted contact and/or threats by the offender.
File an anonymous report with a member of the Student Counseling Center staff member or other College official as described under the Crime Reporting section in Chapter 9 of this publication.
Copies of all statements you have filed.

Student Conduct 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). Must be approved by the student conduct officer.
Remain in the hearing throughout the proceedings, prior to deliberations.
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 Student Conduct Board/student conduct officer.
Be notified of the outcome and sanction 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. ust be approved by the student conduct officer.
The victim’s advocate may request that questions be raised on behalf of the victim.
In some cases of rape or sexual assault, a victim may not wish to pursue criminal and/or campus student conduct charges, yet may want to confront her/his alleged assailant. In such cases, the victim may request the College’s assistance in scheduling and implementing an informal facilitated discussion between the two parties, by a staff member protected by statutory confidentiality. Informal facilitated discussions in cases of sexual assault are not intended to, nor allowed to be a way of determining guilt or innocence in sexual assault cases. Instead, they are a way for a victim to confront the accused and express the emotions that were experienced as a result of the incident. The victim can explain how her/his life was affected by the other’s actions. The accused has an equal opportunity to talk. This process is confidential, and no records are kept of the discussion unless the two parties decide to sign a formal agreement. This process is voluntary.

Student’s Rights when Charged with a Violation

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 Administrative/Student Conduct Board or student conduct officer finding the charge supported by a preponderance of the evidence.
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.
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.
The right to receive, upon request, the names of the Administrative/Student Conduct Board members. If the student believes any member or members of the Administrative/Student Conduct Board cannot objectively and fairly hear the case, the objection must be made to the student conduct coordinator at least 24 hours prior to the hearing. The student conduct coordinator will determine the merits of the complaint, based on substantive information, and will decide whether or not to replace the board member(s) in question. The accused may not discuss any matters with the board members related to the pending hearing.
The right to deny the charge in a preliminary review and, where the contemplated sanctions are greater than conduct probation, the right to:

An administrative hearing before a student conduct officer, or
a hearing before an Administrative/Student Conduct Board.

The right to bring witnesses and/or the student’s case or examining witnesses. Postponement of a scheduled hearing may be allowed by the student conduct coordinator on the basis of unavailability of important witnesses or representatives, but only if good cause for said unavailability is shown. No postponement will go beyond ten (10) business days.
The right to question witnesses and the person making the charge, if such person is available to the hearing board.
The right to produce witnesses and documentary evidence on her/his own behalf.
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 student conduct coordinator.
The right to appeal her/his case.

Additional Information

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 her/his right to be present at the hearing as scheduled.
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 student conduct coordinator prior to the hearing, will result in the hearing being held without the accused. The hearing will be held and a determination of responsibility/non-responsibility and recommended sanction will be made. The student will be notified of the sanction. Within five (5) 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.
All administrative/student conduct hearings will be audio recorded by the College.
Cameras or other reproduction equipment, other than the College tape recorder, are not permitted in a student conduct hearing.
All student conduct hearings are closed.

Good Samaritan Actions

The College does not condone violations of the Codes of Student Social Conduct or state and federal law. However, efforts, including limited immunity to campus student conduct charges, may be made to mitigate sanctions associated with alcohol and other drug offenses for “Good Samaritans.” A “Good Samaritan” is a student who provides assistance to a person in need of medical attention by taking steps to summon aid where the individual summoning the aid may have contributed or participated in the use and abuse of alcohol or other drugs.

Policies Pertaining to the Judicial System

A student who withdraws from the College after being charged with a violation will not be exempt from campus student conduct action. The normal student conduct procedure may be followed at any time, but in all cases before a student is allowed to reenroll. If a student withdraws during a preliminary review and the officer determines the case to have the potential for the student to have a sanction of suspension or dismissal, a hold may be placed on the student’s account until the case is resolved. This hold will restrict the student from registering and being able to obtain an official transcript. 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.
A graduating senior who is found guilty of a violation and who received a suspension for a period extending beyond her/his graduation date may not receive the diploma until the term of suspension has been served and all requirements of her/his sanctions are fulfilled.
Any sanctions that 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 Enrollment Management and 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 student conduct proceedings involving the student, to determine appropriate disciplinary action.
In accordance with the Family Educational Rights and Privacy Act of 1974, the College may release information pertaining to individual student conduct cases to appropriate College personnel and to parents of students who are dependent. Information from a student’s student conduct 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.
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.”
A student’s student conduct 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.
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.
The College president or her/his 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.

Interim suspension may be imposed only:

To ensure the safety and well-being of members of the College community or preservation of College property.
To ensure the student’s own physical or emotional safety and well-being.
If the student poses a significant threat of disruption of or interference with the normal operations of the College.

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.

Interpretation and Revision

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

Members of the College community wishing information and/or to file a complaint may contact the student conduct co-ordinator in the Office of Residential Life/Learning Communities, Hazen Hall.

Code of Student Social Conduct: Rules and Regulations for Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York

Statement of purpose.*

The following rules are adopted in compliance with section 6430 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within 10 days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution. Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance or order) is best suited to achieve these objectives. These rules shall not be construed to prevent or limit communication between and among faculty, students and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom and they shall be interpreted and applied to that end.

Application of rules *

These rules shall apply to all State-operated institutions of the State University except as provided in Part 550 as applicable to the State University Maritime College. These rules may be supplemented by additional rules for the maintenance of public order heretofore or hereafter adopted for any individual institution, approved and adopted by the State University trustees and filed with the Commissioner of Education and Board of Regents, but only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities; provided, however, that charges against any student for violation of these rules upon the premises of any such institution other than the one at which he is in attendance shall be heard and determined at the institution in which he is enrolled as a student.

Prohibited conduct *

No person, either singly or in concert with others, shall:

willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he as a lawful right to do or to do any act which he as a lawful right not to do;
physically restrain or detain any other person, nor remove such person from any place where he is authorized to remain;
willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization;
without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
without authorization, remain in any building or facility after it is normally closed;
refuse to leave any building or facility after being required to do so by an authorized administrative officer;
obstruct the free movement of persons and vehicles in any place to which these rules apply;
deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his views, including invited speakers;
knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer whether or not a license to possess the same has been issued to such person;
willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; or
take any action, create, or participate in the creation of, any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.

Freedom of speech and assembly; picketing and demonstrations *

No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of her/his views nor for having assembled with others for such purpose.

Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.

In order to afford maximum protection to the participants and to the institutional community, each State-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for the giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed locale and intended purpose; provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.

Penalties *

A person who shall violate any of the provisions of these rules (or of the rules of any individual institution) shall:

If he is a licensee or invitee, have his authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his failure or refusal to do so he shall be subject to ejection.
If he is a trespasser or visitor without specific license or invitation, be subject to ejection.
If he is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.
If he is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
If he is a staff member in the classified service of the civil service, described in section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
If he is a staff member other than one described in subdivisions and of this section, be subject to dismissal, suspension without pay or censure.

Procedure *

The chief administrative officer or his designee shall inform any licensee or invitee who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) that his license or invitation is withdrawn and shall direct him to leave the campus or other property of the institution. In the event of his failure or refusal to do so such officer shall cause his ejection from such campus or property.
In the case of any other violator, who is neither a student nor faculty or other staff member, the chief administrative officer or his designee shall inform him that he is not authorized to remain on the campus or other property of the institution and direct him to leave such premises. In the event of his failure or refusal to do so such officer shall cause his ejection from such campus or property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his liability to prosecution for trespass or loitering as prescribed in the Penal Law.
In the case of a student, charges for violation of any of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in section 535.9 of this Part.
In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with title D of Part 338 of the policies of the Board of Trustees.
In the case of any staff member who holds a position in the classified civil service, described in section 75 of the Civil Service Law, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.
Any other faculty or staff member who shall violate any provision of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be dismissed, suspended or censured by the appointing authority prescribed in the policies of the Board of Trustees.

Enforcement program *

The chief administrative officer shall be responsible for the enforcement of these rules (or of the rules of any individual institution supplementing or implementing these rules) and shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or his designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules).
In any case where violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) does not cease after such warning and in other cases of willful violation of such rules, the chief administrative officer or his designee shall cause the ejection of the violator from any premises which he occupies in such violation and shall initiate disciplinary action as hereinbefore provided.
The chief administrative officer or his designee may apply to the public authorities for any aid which he deems necessary in causing the ejection of any violator of these rules (or of the rules of any individual institution supplementing or implementing these rules) and he may request the State University counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.

Communication *

In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students and administration, is highly desirable. To the extent that time and circumstances permit, such communication should precede the exercise of the authority, discretion and responsibilities granted and imposed in these rules. To these ends each State-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communication.

Notice, hearing and determination of charges against students * *

The term chief administrative officer, as used in these rules, shall be deemed to mean and include any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of the incumbent and for purposes of this section shall also include any designee appointed by said officer.
Whenever a complaint is made to the chief administrative officer of any State-operated institution of the university of a violation by a student or students of the rules prescribed in this Part (or of any rules adopted by an individual institution supplementing or implementing such rules) or whenever he has knowledge that such a violation may have occurred, he shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing. If he is satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation, he shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation which shall state the provision prescribing the offense and shall specify the ultimate facts alleged to constitute such offense.
Such charges shall be in writing and shall be served on the student or students named therein by delivering the same to him or them personally, if possible, or, if not, by mailing a copy of such charges by registered mail to such student or students at his or their usual place or places of abode while attending college and also to his or their home address or addresses, if different.
The notice of charges so served shall fix a date for hearing thereon not less than 10 or more than 15 days from the date of service which shall be the date of mailing where necessary to effect service by mail. Failure to appear in response to the charges on the date fixed for hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate thereon. Before taking such action the hearing committee, hereinafter referred to, shall give notice to any student, who has failed to appear, in the manner prescribed in subdivision (c), of its proposed findings and recommendations to be submitted to the chief administrative officer and shall so submit such findings and recommendations 10 days thereafter unless the student has meanwhile shown good cause for his failure to appear, in which case a date for hearing shall be fixed.
Upon demand at any time before or at the hearing, the student charged or his representative, duly designated, shall be furnished a copy of the statements taken by the chief administrative officer in relation to such charges and with the names of any other witnesses who will be produced at the hearing in support of the charges; provided, however, that this shall not preclude the testimony of witnesses who were unknown at the time of such demand.
The chief administrative officer may, upon the service of charges, suspend the student named therein, from all or any part of the institution's premises or facilities, pending the hearing and determination thereof, whenever, in his judgment, the continued presence of such student would constitute a clear danger to himself or to the safety of persons or property on the premises of the institution or would pose an immediate threat of disruptive interference with the normal conduct of the institution's activities and functions; provided, however, that the chief administrative officer shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.
There shall be constituted at each State-operated institution a hearing committee to hear charges against students of violation of the rules for maintenance of public order prescribed by or referred to in this Part. Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the chief administrative officer, and three students who shall be designated by the members named by the chief administrative officer. Each such member shall serve until his successor or replacement has been designated. No member of the committee shall serve in any case where he is witness or is or has been directly involved in the events upon which the charges are based. In order to provide for cases where there may be such a disqualification and for cases of absence or disability, the chief administrative officer shall designate an alternate member of the administrative staff and an alternate member of the faculty, and his principal designees shall designate an alternate student member, to serve in such cases. Any five members of the committee may conduct hearings and make findings and recommendations as hereinafter provided. At any institution where the chief administrative officer determines that the number of hearings which will be required to be held is, or may be, so great that they cannot otherwise be disposed of with reasonable speed, he may determine that the hearing committee shall consist of six members of the administrative staff and six members of the faculty to be designated by him and of six students who shall be designated by the members so designated by him. In such event the chief administrative officer shall designate one of such members as chairman who may divide the membership of the committee into three divisions each to consist of two members of the administrative staff, two faculty members and two students and may assign charges among such divisions for hearing. Any four members of each such division may conduct hearings and make recommendations as hereinafter provided.
The hearing committee shall not be bound by the technical rules of evidence but may hear or receive any testimony or evidence which is relevant and material to the issues presented by the charges and which will contribute to a full and fair consideration thereof and determination thereon. A student against whom the charges are made may appear by and with representatives of his choice. He may confront and examine witnesses against him and may produce witnesses and documentary evidence in his own behalf. There may be present at the hearing: the student charged and his representatives and witnesses; other witnesses; representatives of the institutional administration; and, unless the student shall request a closed hearing, such other members of the institutional community or other persons, or both, as may be admitted by the hearing committee. A transcript of the proceedings shall be made.
Within 20 days after the close of a hearing, the hearing committee shall submit a report of its findings of fact and recommendations for disposition of the charges to the chief administrative officer, together with a transcript of the proceedings, and shall at the same time transmit a copy of its report to the student concerned or his representative. Within 10 days thereafter the chief administrative officer shall make his determination thereon. Final authority to dismiss the charges or to determine the guilt of those against whom they are made and to expel, suspend or otherwise discipline them shall be vested in the chief administrative officer. If he shall reject the findings of the hearing committee in whole or in part, he shall make new findings which must be based on substantial evidence in the record and shall include them in the notice of his final determination which shall be served upon the student or students with respect to whom it is made.

* Applies to charges for violation of the rules prescribed by or referred to in this Part heretofore served which have not been finally determined within 60 days after the adoption hereof, which charges shall be referred to the committee constituted pursuant to said section 535.9 for determination in accordance therewith, and said section shall apply to all charges for violation of such rules hereafter made, whether for violations heretofore or hereafter committed.

Rules for organizations *

Organizations. Organizations which operate upon the campus of any State-operated institution or upon the property of any State-operated institution used for educational purposes shall be prohibited from authorizing the conduct described in subdivision (l) of section 535.3 of this Part.
Procedure. The chief administrative officer at each State-operated institution shall be responsible for the enforcement of this section, and, as used herein, the term chief administrative officer shall include any designee appointed by said officer.

Whenever the chief administrative officer has determined on the basis of a complaint or personal knowledge that there is reasonable ground to believe that there has been a violation of this section by any organization, the chief administrative officer shall prepare or cause to be prepared written charges against the organization which shall state the provision proscribing the conduct and shall specify the ultimate facts alleged to constitute such violation.
Such written charges shall be served upon the principal officer of the organization by registered or certified mail, return receipt requested, to the organization's current address and shall be accompanied by a notice that the organization may respond in writing to the charges within 10 days of receipt of said notice. The notice of the charge so served shall include a statement that the failure to submit a response within 10 days shall be deemed to be an admission of the facts stated in such charges and shall warrant the imposition of the penalty described in subdivision (c) of this section. The response shall be submitted to the chief administrative officer and shall constitute the formal denial or affirmation of the ultimate facts alleged in the charge. The chief administrative officer may allow an extension of the 10-day response period.
Upon written request, by an authorized representative of the organization, the chief administrative officer shall provide the representative organization an opportunity for a hearing. A hearing panel designated by the chief administrative officer shall hear or receive any testimony or evidence which is relevant and material to the issues presented by the charge and which will contribute to a full and fair consideration thereof and determination thereon. The organization's representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The hearing panel shall submit written findings of fact and recommendations for disposition of the charge to the chief administrative officer within 20 days after the close of the hearing.
Final authority to dismiss the charges or to make a final determination shall be vested in the chief administrative officer. Notice of the decision shall be in writing; shall include the reasons supporting such decision; and shall be served on the principal officer of the organization by mail in the manner described in paragraph (2) of this subdivision within a reasonable time after such decision is made.

Penalties. Any organization which authorizes the prohibited conduct described in subdivision (l) of section 535.3 of this Part shall be subject to the rescission of permission to operate upon the campus or upon the property of the State-operated institution used for educational purposes. The penalty provided in this subdivision shall be in addition to any penalty which may be imposed pursuant to the Penal Law and any other provision of law, or to any penalty to which an individual may be subject pursuant to this Part.
Bylaws. Section 6430(1) of the Education Law requires that the provisions of this Part which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be deemed to be part of the bylaws of all organizations which operate upon the campus of any State-operated institution used for educational purposes. The statute further requires that each such organization shall review these bylaws annually with individuals affiliated with the organization.
Distribution. Copies of the provisions of this Part which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in each State-operated institution.

Procedures for the Giving of Reasonable Advance Notice to this Institution of any Planned Assembly, Picketing or Demonstration Upon the Grounds of this Institution

Statement of Purpose. Nothing here is intended, nor shall be construed, to limit or restrict the freedom of speech nor peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution.

No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of her/his views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of College rules, regulations, or policy.

The following procedures are adopted and promulgated in compliance with Section 4(b) (Freedom of Speech and Assembly: Picketing and Demonstrations) of the Rules and Regulations for the Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York, which is officially Part 535.4(b) of Chapter V of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York to afford maximum protection to the institutional community and to the participants in any planned assembly, picketing, or demonstration; provided, however, that the giving of the notice required in these procedures shall not be a condition precedent to any such assembly, picketing, or demonstration, and provided, further, that these procedures shall neither supersede nor preclude the procedures in effect at this institution for obtaining permission to use the facilities thereof.

These procedures shall not be construed to prevent or limit communication between and among faculty, students and administration. Their purpose is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom, and they shall be interpreted and applied to that end.

Notice Required. Advance notice to this institution of any planned assembly, picketing, or demonstration upon the grounds of this institution must be submitted in writing to the Office of the Vice President for Enrollment Management and Student Affairs not later than 3 pm on the last business day prior to the planned assembly, picketing, or demonstration; provide, however, that in those cases in which the procedures in effect at this institution for obtaining permission to use the facilities thereof require the completion and timely submission of a State University College at Brockport Room Reservation Form, said completion and timely submission of said State University College at Brockport Room Reservation form shall constitute compliance with the requirements of these procedures.

Upon receipt of the notice required by this Section of these procedures the Office of the Vice President for Enrollment Management and Student Affairs shall promptly notify such other College offices and/or personnel of the content of said notice as shall be deemed necessary and appropriate under all the facts and circumstances then appearing.

Contents of Notice. With respect to the planned assembly, picketing, or demonstration, said notice shall clearly set forth:

the date and time thereof;
the proposed locale thereof;
the intended purpose thereof;
the anticipated duration thereof; and
the anticipated number of people taking part therein.

Definitions. “Grounds of this institution” as used in these procedures. The phrase “grounds of this institution” shall include the campus of this institution and also any other premises or property, under the control of this institution used in its teaching, research, administration, service, cultural, recreational, athletic or other programs and activities as provided in Section 2 (Application of Rules) of the Rules and Regulations for the Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York (Part 535.2 of Chapter V of Title 8 of the Official Compilation of Codes, Rules and Regulations of the state of New York).

“Business day” as used in these procedures. The phrase, “business day” shall exclude all Saturdays and Sundays, all national holidays, and all days recognized and observed by the Civil Service Employees Association as vacation days for Civil Service employees.

Penalties and Procedures. Any person who shall violate, or who shall fail or refuse to meet or comply with, any of the provisions of these procedures shall be subject to the penalties and procedure provided in Section 5 (Penalties) and Section 6 (Procedure) of the Rules and Regulations for the Maintenance of Public Order on Premises of State-operated Institutions of the State University of New York (Part 535.5 and 535.6 of Chapter V of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York).

Forms are available through the Office of Campus Life or the Office of the Vice President for Enrollment Management and Student Affairs.

Development of Student Regulations

Manner in which rules and regulations are developed: To encourage, maintain and assure adequate communication with and participation by the administration, faculty, and students at SUNY Brockport, the College Council shall act after consultation with the president of the College and with representatives of faculty and students in promulgating or in reviewing and ratifying regulations on student conduct. In the regulations, the College Council may confer upon student groups, faculty committees, administrative officers, or combinations thereof appropriate responsibilities concerning student conduct and behavior. Authority for the administration of regulations at the College rests with the president of the College.

Recognition of the Rights and Responsibilities of Students

In the regulation of student conduct and behavior, the College Council of SUNY Brockport recognizes that the State University of New York seeks to encourage and preserve freedom of expression and inquiry within the entire University. The College Council’s regulations also recognize the obligation of each student to govern her/himself lawfully, maturely and responsibly and take into account the responsibility of the College to maintain standards of student conduct in line with the College’s function as an educational institution. The ways in which student groups may use the name of the College or identify their association with it are governed by the College Council.

Need for Due Process

Where College Council regulations govern student disciplinary proceedings, they reflect the basic concepts of procedural fairness and make certain that no student is expelled or suffers other major disciplinary action, other than failure to meet required academic standing, without first being given appropriate advance notice of the charges against her/him and a hearing before an impartial body or officer as established by the College Council or the President of the College. While a formal judicial hearing is not required, the hearing should be of such a nature as to give the hearing body or officer, as the case may be, full opportunity for hearing both sides of the issue in considerable detail. The student may waive in writing the requirements of a hearing.

Availability of the Rules and Regulations

The regulation of student conduct and behavior established by the College Council is published regularly and made available to the whole academic community of the College and is given full force and effect as rules and regulations of the State University of New York applicable to SUNY Brockport and is filed with the Office of the Secretary of State of the State of New York.

Periodic Review by the Chancellor

The Chancellor of the State University of New York, from time to time, causes periodic review of the student conduct and behavior regulations established by the College Council for consistency with the rules and policies of the Board of Trustees and reports thereon to the Board of Trustees at such time and in such manner as it shall direct.

2007-2008Your Right to Know &Academic Policies Handbook