studentaffairs

 STUDENT CONDUCT CODES

BANNERWEB (click here to complete Student Conduct Code Affirmation process)

Students, like all citizens, are held accountable within the behavioral parameters of our society, as defined by local, state, and federal laws and statutes.  In addition, students are also held accountable for behavior as defined by the Student Conduct Codes of the College.  Students are all persons taking courses at the College, both full-time and part-time, or those individuals who were students at the time of a violation of the Student Conduct Codes, as well as individuals on College or Cobleskill Auxiliary Services premises for any purpose related to registration for enrollment.  Persons who are not officially enrolled for a particular term but who have a continuing relationship as a student with the College are considered students.

Students may be charged with behaviors which violate both campus Student Conduct Codes and the laws of the broader society; in such situations, the on-campus disciplinary hearing may be held while off-campus resolutions are still pending.  Every effort is made to maintain the integrity and independence of the Student Judicial System.  Each student is held accountable for her/his behavior under the judicial system of the College.  Students are expected to be familiar with all College regulations and to abide by them at all times in order to maintain a fair, just, and safe College community environment.

These codes apply specifically to behavior on College-owned or -controlled property, on property and in facilities of the Cobleskill Auxiliary Services, and at college authorized functions off-campus. Certain Codes may apply to actions off-campus (in the Village of Cobleskill and/or on authorized field trips, for example) as noted, as the student's conduct may adversely affect the campus community or undermine the interests and/or mission of the institution.

Any violation of the Student Conduct Codes is strictly prohibited and may result in disciplinary action ranging from a warning letter to probation, suspension, or dismissal from the College.  The judicial system is educational in nature and every effort is made to develop understanding and compliance with the College standards of conduct.

Prohibited Behavior under the Student Conduct Codes:

  1. Any conviction of a violation of the Penal Law of the State of New York or the United States of America classified as a "felony," a "narcotic offense," a "sex offense," or a "weapons offense" committed on campus.
  2. The turning in or making of a false fire alarm, bomb threat or tampering with fire alarm or other safety systems on property owned or controlled by the State University and/or Cobleskill Auxiliary Services.
  3. Tampering with or discharge of a fire extinguisher except in case of fire; tampering with or damage to College lights, lighting systems or any other facilities or equipment associated with health or safety.
  4. a. Forgery, alteration, or misuse of University documents, records, or identification, including items such as forgery of faculty signatures on registration materials, for example.  This shall include the sale of term papers, theft of and/or unauthorized distribution of exams, plagiarism and other forms of academic dishonesty, theft/unauthorized use of telephone codes, or other misuse/abuse of the telephone system, misuse of dining hall cards, parking stickers, or misrepresentation in the sale of textbooks, for example.
    b. Computer access infractions, including, but not limited to: items contained in the Authorized Use of Campus Computing Resources Policy (Computer Resources Policy) or any abuse or misuse of College computer hardware, software, and/or network systems or components.
  5. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other College activities, including public service functions, or other authorized activities. This includes Violation of Policies of the Learning Resources Center (LRC).  Behavior of individuals, individuals acting as part of a group, or of groups, particularly related to alcohol or other drugs that is detrimental to the learning environment, reputation of the school, and/or resulting in death or injury. [Note: This may also apply to actions off-campus.]
  6. Assault or attempted assault of any person on College-owned or -controlled property or at College-sponsored or supervised functions. [Note: This may also apply to actions off-campus.]
  7. Conduct which threatens or endangers the health or safety of any person.  [Note: This may also apply to actions off-campus.]
  8. Theft or attempted theft of property or services of the College, a member of the College community or campus visitor; or possession of stolen property from any domain.
  9. Deliberate or careless/unjustified damage to property of the College, a member of the campus community, or campus visitor. [Note: This may also apply to actions off-campus.]
  10. Unauthorized entry to or use of campus facilities.
  11. Disorderly conduct [Note: This may also apply to actions off-campus.]
  12. Sexual misconduct (unwelcome and/or unwanted contact/conduct of a sexual nature), lewd, indecent, or obscene conduct or expression on College-owned or -controlled property or at College-sponsored or supervised functions. [Note: This may also apply to actions off-campus.]
  13. Failure to comply with the directions of College officials acting in the performance of their duties.
  14. Deliberate issuance of a false statement either orally or in writing to College officials.
  15. Failure to answer a summons issued by a campus judicial board or its designee (e.g. Director of Residential Life, Director of Judicial Affairs).
  16. a. Possession of, sale, distribution, use or involvement of any kind with   non-prescribed narcotics and/or illicit/dangerous drugs.
    b. In the presence of one or more persons who possess, sell, distribute,    use or are involved in any way with non-prescribed narcotics and/or illicit/dangerous drugs.
  17. Possession of drug-related paraphernalia and/or devices.
  18. Acts or expression (to include in person or via technological means of delivery) of racial, ethnic, sexual, or religious discrimination or bias-related harassment.
  19. Failure to comply with the College policy on Violence and Unacceptable Behavior. (See separate Policy Statement.)
  20. a. Violation of the Campus Alcohol Policy.
    b. In the presence of one or more persons who violate the Campus Alcohol Policy.
    c. While in the Village of Cobleskill, students who are subject to arrest     for violation of local ordinances state or national laws pertaining to     consumption  or sale or use of alcohol  and who engage in disruptive    or damaging or disorderly behaviors are in violation of the Student Conduct Code.
  21. Possession and/or use of weapons or firearms of any kind, including, but not limited to: bows, arrows, archery equipment, air guns, pellet guns, dart guns, paintball guns, chukka sticks, ammunition, CO2 cartridges, laser pointers, fireworks, firecrackers, explosives or dangerous chemicals of any kind.  Note: This applies to possession on the person, in motor vehicles, in residence rooms, and/or in other areas/facilities of the College and/or Cobleskill Auxiliary Services.
  22. General Infractions including, but not limited to, actions such as those contained in the Terms and Conditions of Residence Hall Occupancy pertaining to quiet hours, *excessive noise at any time, possession of pets, guest policy, unapproved cooking devices, selling or soliciting, safety issues (such as climbing out windows, sitting on ledges, roofs), unsafe use of skateboards, bicycles or rollerblades (in-line skates), gambling, water fights, pranks, unauthorized removal of common area furniture, propping open of locked doors, throwing or dropping objects from windows (especially garbage and/or recyclable materials), throwing snowballs or other objects in the vicinity of residence halls, use of water beds, abuse of the telecommunications system, and failure to comply with the campus smoking policy.

* Note: Stereos, radios, and computers are to be kept at a low volume at all times.  Noise, including music, should not be heard beyond a closed room door or window during Quiet Hours.  Violations may result in loss of use of the stereo or other equipment.  The excessive noise infraction includes car stereos.

Description of the Student Judicial System

The State University of New York has provided for each campus the opportunity and responsibility to establish regulations governing student conduct and behavior.  Within the framework created by the State University the (local) College Council shall promulgate or review and ratify regulations governing the conduct and behavior of students, subject to general guidelines established by the Chancellor, and in accordance with law and such other rules or policies as the trustees may from time to time establish.  Authority for the administration of regulations at a campus rests with the campus President (Chief Administrative Officer).

The Vice President for Student Affairs is designated by the President to administer the student judicial system, under the supervision of the President. The responsibilities of the Vice President include the authority to designate a professional person as Director of Judicial Affairs whose responsibilities include training and supervision of Judicial Board members and Judicial Affairs officers, communication with students and parents, and oversight and review of all cases.

Members of the faculty and student body participate meaningfully in the formulation and periodic review of these regulations in order that campus mission and specific objectives may be supported and accomplished.

Faculty-Student Judicial Board(s)

Faculty members are appointed to the Faculty-Student Judicial Board(s).  No less than three members of the Faculty are appointed per year, usually for two-year terms, to foster carry-over with anticipated rotation. A member of the Faculty serves as Chief Magistrate of each Board.  Faculty alternates are also selected and prepared to assist in the judicial system.

Student Government also names students as Judicial Board members.  Both full-time members and alternates are named, trained, and prepared to serve within the student judicial system. Students named to this responsibility shall have and maintain good academic standing and shall usually have reached their third semester of study.  Unscheduled student vacancies may be filled by the Vice President for Student Affairs, in consultation with the Chief Magistrate and the Student Government President. During the early part of the semester, Examination Week, and other such times when campus groups are not fully functional, the Vice President for Student Affairs will charge such groups (administrative boards) or hearing officers as necessary to maintain the integrity of the student judicial system.

In exceptional cases the Vice President may serve as or designate a faculty member as a hearing officer who shall have the same responsibility as a hearing board.

Cases pending at the end of the fall semester will be processed as early in the Spring semester as is practicable.  Cases pending at the end of the Spring semester will be processed in June.

A student who is charged with a violation and who is a graduating senior will be ineligible to graduate until judicial action on the case has been completed and eligibility to graduate is confirmed.  If the judicial action results in suspension, the student will be subject to being ineligible to graduate until the term of suspension has been served.

Filing Charges

Any member of the campus community may file charges against a student under the STUDENT CONDUCT CODES.  Charges must be filed in writing within 14 days of the event leading to the charges in the Office of the Vice President for Student Affairs, Knapp Hall, dated and signed, using the correct form.  Consultation regarding the filing of charges is available and suggested from members of the Residential Life staff, University Police, and the Office of the Vice President for Student Affairs.

All students involved in the judicial process are presumed not responsible until proven responsible.  Responsibility is determined either by an admission of responsibility or by the presentation of information and evidence before a Judicial Board or other hearing body.  The Judicial Board or other hearing body will use a common sense application of the information and evidence before it in determining if the student is responsible or not responsible for the violation(s).  If the filing of charges will be delayed beyond the 14-day period, the Director of Judicial Affairs should be notified as soon as possible.

Due Notice of Charges

All students involved in the judicial process will receive written notification at least 24 hours prior to the scheduled hearing.  The written notification will include a letter of summons to appear before the Judicial Board at a specific date, time and place; a copy of the charge or infraction statement, and a copy of information designed to assist the student in preparation for the judicial hearing.

In certain cases, a student charged with an alleged violation may request his/her hearing be waived and have the allegation reviewed by the Director of Judicial Affairs or designee during a Judicial Review Meeting.  By making such a request, the student stipulates a plea of "responsible" to charge(s) alleged and requests a review of behavioral expectations which may include disciplinary sanctions.

Counsel/Advisor

All students involved in the judicial process have the right to seek counsel from a member of the full-time faculty (or professional staff) if she/he so desires.  This faculty member may attend the hearing with the student but may not speak for (in place of) the student.  A full-time student at SUNY Cobleskill may also serve as advisor.  Individuals external to the campus may not participate or be present at the judicial board hearing/process.

Witnesses

All students involved in the judicial process have the right to bring witness(es) to the event to speak on his/her behalf and/or to present pertinent evidence.  Students charged have the right to question witnesses and the person bringing the charges.  Students needing assistance in summoning witnesses to appear may request assistance at the Office of the Vice President for Student Affairs.

Closed Hearing

All judicial hearings are closed.  Only those individuals directly involved with the hearing and/or those who are permitted to present testimony and the counsel/advisor are allowed to be present.  The person charged can request to have the hearing open.

The Context of the Hearing

College judicial hearings are not legal trials.  There is the need to make every effort to sort out facts, to establish a positive educational tone, and to make certain that fairness to all persons involved is paramount. Common sense judgments rather than complicated "rules of evidence" are standard. Courtesy and civil treatment is expected on the part of all concerned.  Improvement of the campus climate and advancing the comfort and mutual understanding of all concerned are desired outcomes of the process.

Hearing Procedures

Each judicial hearing will follow the same procedure:

  1. the hearing is called to order by the Chief Magistrate;
  2. the clerk reads the charge(s) of infraction or violation involving the student;
  3. the Chief Magistrate asks the student charged to make her/his plea (responsible or not responsible);
  4. the person bringing the charge(s) presents the case, which may include the presentation and or testimony of witnesses;
  5. the student charged responds by presenting his/her case, which may include the presentation/testimony of witnesses;
  6. the members of the hearing board may question all those presenting information at any point during the hearing;
  7. the student charged may question witnesses and the person bringing the charge(s);
  8. the Chief Magistrate asks everyone to leave the room while the hearing board consults privately;
  9. the Chief Magistrate may permit a victim to provide an impact statement to the hearing board;
  10. the Chief Magistrate calls the person charged and the person bringing charges back in, reports and explains the outcome of the hearing and expectations for future behavior; states further steps (including the possibility of appeal, if warranted); and adjourns the hearing.

A general record of the proceedings is maintained; however, a legal transcript is not necessary.  An audio recording of the proceeding may be taken by the College.  No other recording of the proceeding is permitted.  The written outcome is provided for all involved, after review and approval/modification by the Vice President for Student Affairs, or designee. A report of the outcome(s) may be shared with academic advisors and/or Academic Deans as determined by the Vice President for Student Affairs.

Failure to Attend a Judicial Hearing

A student who does not attend his/her scheduled judicial hearing will be subject to having the case adjudicated in his/her absence.  The decision reached by the hearing body will be based on the testimony and/or evidence presented at the hearing. Requests for rescheduling hearings will only be considered for good reason.

Modifications to Paperwork

The College reserves the right to make editorial and other modifications to disciplinary paperwork when it has been determined that an error must be corrected to have the written documentation correspond with the facts of the case before the hearing body.  Such changes may include, but not be limited to, items like "pm" to "am" or modifying the Student Conduct Code to a more appropriate parallel or lesser charge.  An increase in severity of Student Conduct Code allegedly violated will be accomplished, if necessary, through the filing of a new Charge of Infraction or Violation form.

Outcomes (sanctions)

The potential Disciplinary Sanctions include, but are not limited to, the following:

Reprimand and Warning - an official, written notification of a violation and expected future compliance with the College Student Conduct Codes;

Disciplinary Probation - an official, written notification of violation(s) which require improvement in behavior; probationary status means that any future violations will be viewed as more serious and could lead to Residence Relocation, Residence Banning, or College Suspension;

Residence Hall Relocation - the student is relocated to another on-campus assignment at the discretion of the Assistant Vice President for Student Affairs; Residence Hall Relocation automatically carries with it official Banning from the Hall from which the student is being removed for disciplinary reasons;

Residence Hall Dismissal - means that the student's privilege to live on campus is revoked; Residence Hall Dismissal automatically carries with it additional sanctions of Social Probation and Residence Hall Banning for a stated period of time to be established by the hearing officer or board;

Residence Hall Banning - requires that a student be removed from a specified area (or areas) for a stated period; the student is directed not to be present in those areas until further notice; violation may cause further disciplinary action and may subject the student to arrest;

Restitution - requires that the student will repay or pay a stated amount or repair or replace either goods or services to the satisfaction of the Vice President for Student Affairs or designee;

Community Service - an assignment to an office or person to contribute to a community service activity for a stated number of hours or project completion;

Work Detail - an assignment to an office or person to perform a specific function for a stated number of hours or project completion;

Counseling Intervention - requires the student to engage with a Wellness Center or other counseling professional for one session on a topic specified during the discipline hearing (e.g. anger management, alcohol or other substance use/abuse, dealing with authority, and so on);

College Suspension Held In Abeyance - defers a College Suspension sanction based on an agreement by the student to adhere to a special, signed "Behavioral Contract."  Violation of this contact will result in immediate suspension;

College Suspension (for stated period of time) - removes a student from access to classes, activities, residence halls and the other premises of the College; the student is directed to leave the campus and not return until expressly permitted by the Vice President for Student Affairs or the President;

College Dismissal (No possibility of return) - removes a student from access to classes, activities, residence halls and the other premises of the College; the student is directed to leave the campus and not return.

Appeals

Judicial Board outcomes of College Suspension, College Dismissal, or Residence Hall Dismissal may be appealed within 24 hours by filing an Appeal statement, with justification, with the Office of the Vice President for Student Affairs.

The Vice President for Student Affairs will establish a two-person appeals board consisting of Presidential appointees to hear the appeal.  The Appeals Hearing is scheduled, held, and the outcome is transmitted to the student after review and action to approve or modify by the Vice President for Student Affairs.

Only College Suspension and College Dismissal may be appealed thereafter to the President of the College within 24 hours of notification of outcome by filing an Appeal statement, with justification, with the Office of the President. On such occasion the College President will receive all materials pertaining to the judicial case and will schedule a time to meet with the student who is appealing; the College President reserves the right to review materials and to gather additional statements and information if deemed necessary.  The President's decision is final.

Temporary Suspension from the College

The President has the authority to temporarily suspend a student (or students) if, in the opinion of the President, the student's continued presence may be a danger to himself/herself or to other members of the campus community or to campus facilities.  Students temporarily suspended can request a review meeting with the President or his designee to challenge/review the propriety of the temporary suspension.  This temporary suspension will extend for no more than five class days until proper service of charges which lifts the temporary suspension and announces that a hearing has been established and will be conducted.

Responsibilities of the Full-Time Residential Life Professional Staff

Responsibilities of the Residence Hall Director and other full-time Residential Life staff include enforcement of College policies through educational and problem-solving approaches involving residents.  Residence Hall Directors are authorized to conduct informal reviews of allegations involving the following Student Conduct Codes: (#7, 8, 9, 10, 11, 13, 14, 18, 19, 20, and 22).  Such reviews by Residential Life professional staff shall follow general rules of procedural fairness; however, such reviews need not conform to the strict procedures to be followed by the judicial boards.  Rather, every attempt will be made to establish the facts of the matter and to educate regarding College rules and regulations and the need for these rules and regulations to guarantee a safe and civil College environment for all persons.  Each such review must be documented in writing with a brief summary and an appropriate outcome sanction.

Each such review and outcome is under the purview of the Director of Residential Life who shall be consulted regarding such reviews and outcomes.  A copy of these actions shall be forwarded to the Director of Residential Life in each case for review and for maintenance of appropriate records.

Living Area Judicial Boards

Each of the three Living Areas on our campus is authorized to establish a Judicial Board consisting of the Presidents of the Living Areas' Residence Halls, co-advised by a member of the Residential Life Professional Staff and a member of the teaching faculty. These Boards may hear specified charges and attempt to resolve violation of the Student Conduct Codes, as approved by the Vice President for Student Affairs.

Disciplinary Records

Disciplinary files are maintained in the office of the Vice President for Student Affairs. Every effort is made to safeguard the privacy of students who are involved with alleged violations of the Student Conduct Codes.

Disciplinary records fall within safeguards established by the Family Educational Rights and Privacy Act (Buckley Amendment). Information regarding outcomes (sanctions) is shared on only a "need-to-know" basis in order to ensure a campus environment of safety and civility. The Vice President for Student Affairs or designee prepares and releases periodic reports regarding the work of the judicial system, including summary data involving the numbers and types of cases referred/heard and levels of outcomes (sanctions) and appeals. Personally identifiable information is not included in these reports.

Parent/Guardian Information

In certain situations parents/guardians will receive notification of student judicial outcomes.  The College expects that parents/guardians will value this effort at communication and collaboration and will use the information to advise their students (sons/daughters) accordingly.

Mediation

A dispute mediation program has been established to assist students in resolving difficulties and disagreements in a less formal procedure than the Judicial System.  Please inquire at the Office of the Vice President for Student Affairs for further information.