Code of Conduct
CODE OF CONDUCT
The Code of Conduct exists as a means to protect the rights of all students and faculty while also holding individual members to the same standards of respect, courtesy, integrity and responsibility. It is in the best interest of all students to review their rights and responsibilities as laid out in the following document. In the event of a violation, students have the right to due process as defined within the code of conduct.
SUNY Adirondack recognizes that its chief responsibility to the community is education. Our Code of Conduct is designed to facilitate an awareness of this community context and to provide meaning to all our lives. Education is primary, as it should be within any educational institution. The Code provides for fair due process, and emphasizes the issuance of sanctions that are positive. Behaviors which interfere with the ongoing daily educational purposes of the college may require intervention and/or disciplinary action. With this in mind, we as a community believe that students enrolling at SUNY Adirondack assume an obligation to conduct themselves in a manner compatible with the functions of the college as an educational institution. While college may present certain stressful situations, it is expected that students will be able to maintain an adequate level of self-control.
The College Code of Conduct expects that all students will conduct themselves as responsible members of society as defined by this Code. It intends to educate individuals regarding the nature of communities and provide opportunities to learn and express positive behavior within those larger contexts. In addition, students and student organizations should always be free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. Nevertheless, in any demonstrations or public expressions of opinion, students or student organizations speak only for themselves.
I. Code of Conduct infractions include violations of any federal, state, or local law, where, in the judgment of the College, the person charged endangers the property or threatens the personal safety of an individual and/or the academic community. It is the intent of the College to leave disciplinary action with respect to off-campus offenses of students to the proper authorities. It must be noted, however, that there are certain off-campus offenses that by their very nature pose a serious threat to the College community. In such cases, the College reserves the right to take appropriate action.
Infractions of Residence Hall Community Expectations and Standards are defined in the ADIRONDACK HOUSING ASSOCIATION, LLC (AHA) Handbook. It should be noted that a violation of the Community Standards may also be a violation of the College Code of Conduct and students may be held accountable both by the AHA and the College for their actions in the Residence Halls depending on the level of offense.
Disciplinary measures may be taken for the following reasons: (Note, however, these do not cover every single circumstance when disciplinary measures will be enacted. In general, any act that infringes upon the rights of others or that adversely affects the College is prohibited.)
A. Dishonesty, such as cheating or plagiarism.
B. Falsifying information to the College, such as forgery, alterations or intentional misuse of College documents, records, or identification.
C. Obstruction or disruption of any College activities (both in and outside of the classroom) or insult of any person authorized or assigned to address student groups.
D. Aggressive physical contact and/or physical abuse of any person; or conduct which threatens or endangers health or safety.
E. Theft of, or damage to, college or personal property.
F. Non-compliance with SUNY Adirondack’s Computer Use Policy and Procedures.
G. Unauthorized or improper use of, or entry to, College facilities.
H. Violation of College policies concerning regulation of student organizations.
I. Disorderly, lewd, indecent, or obscene conduct or expression.
J. Harassment of any person, sexual or otherwise. This includes harassing electronic communication (texts, emails, Facebook posts, etc.)
K. Failure to comply with directions of College employees, including resident assistants, acting in the performance of their duties.
L. Violation of the college tobacco-free policy.
M. Gambling in any form.
N. Presence on campus under the influence of alcohol or other drugs.
O. Possession or use of alcoholic beverages on campus at other-than-approved events and under approved conditions.
P. Sale, possession, exchange, or use of narcotics or illegal drugs in any form.
Q. Possession of firearms or any other weapon on campus and college-sponsored events. This includes but is not limited to, hunting rifles, hand guns, paintball guns, BB guns, airsoft guns, stun guns, very realistic looking toy guns, switchblades, gravity knives, bows and arrows, ammunition of any kind and any martial arts weapons.
R. Recklessly or intentionally endangers mental or physical health or forcing consumption of alcohol or drugs for the purpose of initiation into or affiliation with any organization.
S. Persistent acts of willful disobedience or defiance toward college staff.
T. Breach of peace on college property or at college-sponsored events.
U. Willfully inciting others to commit any of the acts herein prohibited.
V. Reckless, inappropriate or negligent behavior during an off-campus, college-sponsored activity or course
W. The act or threat of retaliation, intimidation, or coercion toward another individual for participating in a College process or procedure.
X. Any other charge deemed necessary by the Dean for Student Affairs.
Y. Any incident that falls under the federal Clery Act.
Z. Stalking intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Stalking does not require direct contact between the parties and can be accomplished in many ways, including through the use of electronic media such as the Internet, email, social media, cell phones or other similar devices.
II. Violations of the Code of Conduct
A. Academic violations of the Code of Conduct shall be referred to the Associate Vice President for Academic Affairs. All other violations shall be referred to the Dean for Student Affairs and/or the appropriate law enforcement agency.
B. The Associate Vice President for Academic Affairs and/or the Dean for Student Affairs may initiate an informal inquiry into any alleged violation of the Code of Conduct in order to determine if an incident has occurred. During the inquiry students, faculty, staff or other appropriate parties may be asked to meet with the Associate Vice President or Dean (or his/her designee) in order to clarify the situation.
C. The Associate Vice President for Academic Affairs and/or the Dean for Student Affairs may intervene or take disciplinary action, either when requested in writing by a faculty member, staff member, Division Chairperson, or on his/her own accord, when student behavior is disruptive to learning or to campus activity or poses a threat to person or property.
D. The Dean for Student Affairs may designate a College official to act as a conduct officer in his/her place regarding cases that may result in lower level sanctions only (e.g. oral or written reprimand or appropriate education or punitive sanctions).
E. All formal academic charges of Code infraction shall be submitted in writing and in complete detail to the Associate Vice President for Academic Affairs. All other formal charges of Code infraction shall be submitted to the Dean for Student Affairs in writing and in complete detail. In the event that the Dean is a party to the charges, his/her duties shall be performed by some person designated by the appropriate Vice-President.
F. Within ten working days of the date of notice, the student shall be notified of the charges in electronic or written format and required to meet with either the Associate Vice President for Academic Affairs (in the case of academic/classroom violations) or the Dean for Student Affairs, or his/her designee (for all other violations) regarding charges. If the student does not report to the Associate Vice President’s or the Dean’s office or respond in writing to reschedule, the procedure will continue as follows and may result in the actions described below.
G. Pending action on charges, civil or College, the status of the student shall not be altered or his/her right to be present on the campus and to attend classes denied, except for reasons relating to the safety and wellbeing of students, faculty and staff, or College property. The decision to alter student status under this section shall be made by the Associate Vice President for Academic Affairs (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations), upon consultation with the appropriate Vice-President (during normal business hours), or the appropriate Public Safety Official (outside of normal business hours) and shall be final, pending action on the charges. Such decision shall be in writing and the reasons shall be set forth.
III. Procedure for Action by the Dean for Student Affairs, Associate Vice President for Academic Affairs, or other designated college authority
A. The student will be advised of his/her rights in the interview/inquiry and possible consequences.
B. Except in cases of sexual harassment and sexual violence (including but not limited to domestic violence, dating violence, and sexual assault and stalking), an effort will be made to resolve the issue by mutual agreement if it is deemed a violation of the Code of Conduct has occurred. An effort will be made to agree on appropriate action where warranted.
C. Within five working days of a formal meeting, the Associate Vice President for Academic Affairs (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations) will either determine there was no violation of the Code of Conduct or take appropriate action and provide notice to the student in electronic or written format. Action can include, but is not limited to, oral or written reprimand and warning, appropriate educational or punitive sanctions determined by the Associate Vice President or Dean; removal from a course or courses with an “AW” grade; suspension or leave of absence; or permanent dismissal.
D. The following policy applies to the actions described:
1. Oral or written reprimand and warning: no transcript record will be made but a letter will be kept on file.
2. Appropriate education or punitive sanctions: i.e. Community service, fines, mandatory counseling etc.
3. Administrative withdrawal: transcript will carry a record of “AW”; decision to impose an administrative withdrawal will be made by the Dean for Student Affairs or Associate Vice President for Academic Affairs. Any transcript notation will be in accordance with college transcript notation policy.
4. Administrative Restriction: student may be restricted from student activities or individual course enrollment for a period specified by the Associate Vice President for Academic Affairs or Dean for Student Affairs; student must request approval for release of restriction; transcript will carry no record of restriction.
5. Removal: student may not attend classes for a period specified by the Associate Vice President for Academic Affairs or Dean for Student Affairs; student must request approval for resumption of schedule and is not exempt from any course work requirements; grades of “AW” or “F” may be assigned. Any transcript notation will be in accordance with college transcript notation policy.
6. Disciplinary Probation is a higher-level sanction imposed for serious violations or a pattern of violations of the conduct code. A student is placed on Disciplinary Probation through graduation and subsequent violations will likely call into question the status of the student at the College.
7. Suspension: student may be suspended for a period up to two years. Suspension can include, but is not limited to, suspension from class, activities, and campus as a whole. During suspension from class or campus, grades of “AW” or “F” will be determined by the Dean for Student Affairs or Associate Vice President for Academic Affairs and instructors; student must request permission of the Associate Vice President for Academic Affairs or the Dean for Student Affairs imposing the sanction to re-enroll; the Associate Vice President for Academic Affairs or Dean for Student Affairs may set terms for re-enrollment. Any transcript notation will be in accordance with college transcript notation policy.
8. Dismissal: student is permanently dismissed from the College and may not re-enroll; grades for the semester in which the action took place may be “AW” or “F”; student may not receive a degree or certificate from SUNY Adirondack. Any transcript notation will be in accordance with college transcript notation policy.
9. Transcript Notation: When Code of Conduct violations involve incidents of violence that meet the reporting requirements for the Clery Act (including but not limited to domestic violence, dating violence, sexual assault and stalking), the College will make a notation on the transcript if a student is suspended or dismissed from the College after a finding of responsibility, as well as to any student who withdraws from the institution with such conduct charges pending. The full Transcript Notation Policy can be found at: http://catalog.sunyacc.edu/content/transcript-notation-policy.
E. Action taken by the Dean for Student Affairs or Associate Vice President for Academic Affairs shall constitute a final resolution of the case subject to appeal.
F. When either the Dean for Student Affairs or the Associate Vice President for Academic Affairs makes a determination that a conduct violation occurred, and the action taken results in removal from courses, a grade of “AW” or “F” will be applied as of the date of the determination. When applicable a transcript notation will also be made as of the date of the determination.
G. Removal from courses and/or housing does not release a student from their financial obligations to SUNY Adirondack. In addition, removal does not allow for any refund of charges.
IV. Student Disciplinary Review Board (“Review Board”)
A. The Review Board shall consist of three students, three full-time faculty members, and the Vice President for Academic Affairs or his/her designee (in the case of academic violations) or the Vice President for Enrollment and Student Affairs (for all other violations) or his/her designee. The chairperson of the Review Board will be the Vice-President or the designee. The Associate Vice President for Academic Affairs or the Dean for Student Affairs bringing forth the appeal will attend hearings as a non-voting member. Action of the Review Board shall be determined by a simple majority vote and the board shall follow the latest edition of Robert’s Rules of Order.
B. The Review Board will be impartial, and no member will be either a witness against the student or a person previously involved in formulating the charge.
V. Procedure for Hearing before the Review Board
A. The Chairperson of the Review Board shall preside at the hearing. The hearing does not follow trial court procedure.
B. The student has the following rights:
1. to present his/her side of the story.
2. to present relevant witnesses and evidence on his/her behalf. Character references shall not be heard.
3. to examine witnesses and evidence against the student.
4. to remain silent without assumption of guilt.
C. An appeal is the process to request a review of the original student conduct outcome. The Referred Party has the right to submit one application for appeal. An appeal does not rehear a student conduct case, but rather determines if the conclusion reached in the original case is valid based on substantiation of a procedural error, new evidence, or the severity of the sanction.
1. An application for appeal must be submitted electronically within seven calendar days of receiving the decision letter via campus e-mail. Instructions on how to file an application for appeal are provided in the decision letter. Applications for appeal may not be submitted by a third party.
2. Applications for appeal are reviewed by the Vice President for Enrollment and Student Affairs or his/her designee to determine if the appeal is timely and meets the grounds for appeal. The original decision will stand if the appeal is not timely or does not meet the grounds for appeal, and the decision is final.
3. If the application is timely and meets the grounds, the appeal will be reviewed based on the preponderance of evidence standard.
4. Appeal outcomes are determined based on the Referred Party’s approved written application for appeal and the rationale of the original student conduct review.
5. A written notification of the appeal decision will be made and the decision is final.
D. The Review Board shall examine all relevant facts and circumstances without regard to the technical rules of evidence.
E. A transcript will be kept to enable review of the proceedings. This will be kept by the Office of the Vice-President chairing the hearing.
F. The student shall be allowed to appear with a campus advocate of his/her choice if they choose. The advocate will be a member of the College’s faculty or staff, and is not permitted to speak (except to the student) during the hearing.
G. If the student does not appear, the action determined by the Associate Vice President for Academic Affairs or Dean for Student Affairs bringing forth the charges shall be implemented.
H. The student will have a full opportunity to question witnesses who appear against him/her at the hearing. During the hearing the student will have the opportunity to make statements in response to written statements submitted against him/her.
I. The student shall have the right to summon witnesses to support his/her position, but such witnesses may be interviewed in advance of the hearing by either the Associate Vice President for Academic Affairs or the Dean for Student Affairs and/or the Chairperson of the Review Board.
J. The decision of the Review Board concerning the current sanction shall be in electronic or written format and submitted to the student within ten days of the hearing. It shall be based solely on evidence given in the hearing and shall constitute a decision which will be final.
VI. Extensions
All deadlines and time requirements in the Code may be extended for good cause as determined by the Associate Vice President for Academic Affairs or Dean for Student Affairs. Both the respondent and complainant will be notified in writing of the delay, the reason for the delay, and provided the date of the new deadline or event. Extensions requested by one party will not be longer than five (5) business days.
VII. Burden of Proof
The burden of proof in all alleged Code of Conduct violations (including domestic violence, dating violence, sexual assault and stalking) is “the preponderance of the evidence”—whether it is “more likely than not” that the violation occurred. If the evidence presented meets this standard, then the respondent will be found responsible.
VIII. Disciplinary Procedures Specific to Cases of Alleged Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment and Stalking
A. In addition to those policies listed above, the following disciplinary procedures will apply in all cases where incidents of domestic violence, dating violence, sexual assault, sexual harassment or stalking are reported. Reported incidents of domestic violence, dating violence, sexual assault, sexual harassment and stalking will be investigated and adjudicated in a prompt, fair, and transparent manner consistent with SUNY Adirondack’s Code of Conduct policies.
B. Time Frames for Case Review Process
a. SUNY Adirondack will conduct a timely review of all reports of domestic violence, dating violence, sexual assault and stalking. Absent extenuating circumstances, review and resolution are expected to take place within sixty (60) calendar days of receiving a report.
b. If a student engages the Campus Conduct Process, any outcomes and/or sanctions related to the reported incident are typically issued within five (5) business days of a formal hearing.
c. An appeal of the outcomes and/or sanctions by either party must be submitted to the Dean for Student Affairs in writing within seven (7) business days of receiving notification of the outcomes. Appeals are heard by the Student Disciplinary Review Board (see Sections IV-V) and, absent extenuating circumstances, decisions on appeals are typically issued within ten (10) business days of a hearing before the Board.
C. Evidence
1. Reported incidents of domestic violence, dating violence, sexual assault, sexual harassment or stalking will be investigated by campus personnel who receive annual training on such issues, including the Title IX Coordinator, Public Safety Officials, the Dean for Student Affairs, and the Associate Vice President of Human Resources.
2. Evidence presented by the reporting individual(s) and the accused person(s) for any hearing on domestic violence, dating violence, sexual assault, sexual harassment or stalking must be submitted to the Dean for Student Affairs at least two (2) business days in advance of the scheduled hearing so the opposing party may have adequate time to review said evidence.
3. The Dean for Student Affairs or their designee hearing the case may exclude evidence that has not been shared or adjourn the hearing to afford all parties the opportunity to review any evidence to be presented during the hearing.
4. The Dean for Student Affairs or their designee hearing the case will make the final decision regarding admissibility of all evidence.
5. Parties’ Right to Advisors in Cases Involving Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment or Stalking
i. Both the reporting individual and the accused person may be accompanied by an advisor of their choice who may assist and advise them through the conduct process and any related hearings or meetings.
ii. Advisors may speak with their respective advisees during hearings and/or meetings, and advisees may request a brief recess from the hearing to consult with their advisor. However, advisors may not participate in the hearing or meeting process, i.e. by asking questions directly to College officials, attempting to present evidence, or speaking on behalf of their advisee.
iii. Any advisor who does not abide these instructions will be asked to leave at the discretion of the Dean for Student Affairs.
D. Hearings
Both parties are allowed to attend all hearings to present their case (although the reporting individual is not required to attend). Parties can question one another through the hearing officer. Hearing officer has the ability to determine if the question is valid to ask, not ask or modify.
E. Notification of Findings
In cases of sexual misconduct, including violations involving domestic violence, dating violence, sexual assault, sexual harassment and stalking, both the reporting individual and the accused person will receive simultaneous written notice of results within five (5) business days of a formal hearing. The notice will include:
1. Finding of responsibility;
2. What sanctions (if any) have been imposed;
3. Rationale for the result and the sanctions;
4. Notice of the College’s appeal process;
5. When the results become final; and
6. Any changes that may occur to the results before that time.
F. Protective Accommodations
The College is committed to ensuring the safety and well-being of reporting individuals. Following an allegation of sexual misconduct, including but not limited to domestic violence, dating violence, sexual assault or stalking, a student may request certain protective accommodations and interim safety measures. The College will work with students to meet individual requests with appropriate and reasonable accommodations as available. Possible requests include:
1. Change in academic schedule;
2. Access to academic support such as tutoring services;
3. The ability to withdraw from or retake a class without penalty;
4. Relocation of assigned campus residence;
5. Change in transportation and/or work schedules;
6. Scheduled time for use of public facilities (Fitness Center, Dining Hall, etc.).
While we will work to mitigate the impact of these measures on both parties, it is our obligation to minimize the burden placed on the reporting individual and the College will therefore endeavor to the extent practicable to change the schedule or accommodations of the accused person prior to changing the accommodations of the reporting individual.
G. Interim Measures
In situations where it is necessary, the College will take immediate steps to protect reporting individuals pending the final outcome of an investigation and/or hearing. These steps include the accommodations listed above, as well as issuing No Contact Orders, temporary suspension from the College and/or Residence Hall, and denied access to the campus. Please refer to the Code of Conduct for disciplinary procedures related to acts of sexual misconduct, especially those specific to reports of domestic violence, dating violence, sexual assault and stalking. Interim measures may be deemed permanent by the Dean for Student Affairs following a formal hearing and a finding of responsibility.
Both the accused/respondent and reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her; parties may submit evidence in support of their request. While reporting individuals may request accommodations through any of the offices referenced in this policy, the Title IX Coordinator or Deputy Title IX Coordinator can serve as a point to assist with these measures.
H. Possible Sanctions for a Finding of Responsibility in Cases Involving Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment and Stalking SUNY Adirondack considers domestic violence, dating violence, sexual assault, sexual harassment and stalking to be extremely serious violations of our Code of Conduct. In cases where an accused individual is found responsible, s/he may be subject to suspension or dismissal from the College.
Per New York State legislation (129-B), when Code of Conduct violations involve incidents of violence that meet the reporting requirements for the Clery Act (including but not limited to domestic violence, dating violence, sexual assault and stalking), a transcript notation will be issued to any student suspended or dismissed from the College after a finding of responsibility, as well as to any student who withdraws from the institution with such conduct charges pending. The full Transcript Notation Policy can be found in the College Catalog.
I. Retaliation
1. No member of the SUNY Adirondack community may retaliate against, intimidate, threaten, coerce or otherwise discriminate against persons involved in a sexual misconduct investigation and/or disciplinary proceeding, including the reporting individual, the accused person, and/or any witnesses.
2. Both the reporting individual and the accused person have the right to choose whether to disclose or discuss the outcome of a conduct hearing. However, it should be noted that this does not allow students to unreasonably share private information in a manner intended to harm or embarrass anther individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation, which can result in separate charges under the Code of Conduct.
3. If you feel you have experienced retaliation related to an incident of sexual misconduct, please contact the campus Title IX Coordinator or Deputy Title IX Coordinator.
J. Policy for Alcohol and/or Drug Amnesty in Cases of Sexual and Interpersonal Violence
The health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. SUNY Adirondack recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of violence (including but not limited to domestic violence, dating violence, stalking or sexual assault) occurs may be hesitant to report such incidents due to fear of potential consequences related to their conduct. SUNY Adirondack strongly encourages students to report any incidents of sexual or interpersonal violence to campus officials. A bystander or reporting individual (including but not limited to the victim of violence) acting in good faith that discloses any incident of sexual or interpersonal violence to SUNY Adirondack officials or local law enforcement will not be subject to SUNY Adirondack Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time that the violence was committed.
Please note that this amnesty specifically covers SUNY Adirondack Code of Conduct actions of a disciplinary nature. It does not limit the College from seeking help for a student who is struggling with alcohol or drug addiction or who is otherwise in danger.
Additionally:
This amnesty is unrelated to off-campus adjudication such as criminal prosecution or arrest by law enforcement.
This amnesty is available for alcohol and/or drug use by individuals. Dealers and distributors are not shielded from adjudication, nor are those who drug others without their knowledge.
For those in a clinical or similar setting wherein external laws, policies, or accreditation requirements require removal or restrictions for those using drugs or alcohol, this policy does not specifically limit those actions