Student Code of Conduct, Discipline, and Conduct Review Process

All members of the College community enjoy the rights that are guaranteed to them by federal and state laws, and must assume responsibilities implied by these rights. Students are expected to maintain standards of conduct that will reflect credit to the College and the community. The College Discipline and Conduct Review Process is utilized when student conduct adversely affects the College community’s pursuit of its educational objectives. The College maintains a policy on Student Code of Conduct and Conduct Review Procedures.

 

Definitions

1. The term “College” means Cayuga Community College, including the Auburn campus, Fulton campus, and any other premises utilized by the College or Association, The Faculty Student Association and other affiliated organizations.
2. The term College premises means all buildings or grounds owned, leased, operated, controlled or supervised by the College.
3. The term "College Official" means any person hired by the College to work in a faculty, administrative, clerical, or security role, and any other person designated to serve the College in an official capacity.
4. The term “student” means a person registered for, or auditing, credit or non-credit Cayuga Community College courses, on either a full or part-time basis. Persons who are not officially enrolled for a particular semester but who have a continuing relationship with the College shall also be responsible for abiding by the Code of Conduct. Any registered person is considered a “student” whether or not such courses or programs are offered on a physical campus or site or via distance learning, the Internet, or any other means of course delivery technology. Students who withdraw after allegedly violating the Student Code are considered students for the purposes of this process.
5. The term “College-sponsored activity” means any activity on or off campus which is initiated, aided, authorized or supervised by the College or its affiliated organizations.
6. The “Student Conduct Administrator” or “Conduct Review Board” may be any of the following:
   1. The Director of Student Development (or designee) and/or the Vice President of Academic and Student Affairs (or designee), who each may also serve as a judicial body in its entirety.
   2. The Faculty Student Judicial Review Committee, comprised of three faculty/staff members appointed by the College President (or designee) for a period of two years, and two students appointed by the Student Government Organization. A sixth nonvoting member of the committee shall be the Director of Student Development (or designee), who shall be the convenor of the Committee.
7. The term "Complianant" means any person who submits a charge alleging that a student violated Student Code. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he as been victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the College Community submitted the charge itself.
8. The term “Accused student” means any student accused of violating this Student Code.

 

Off-Campus Jurisdiction

Cayuga Community College reserves the right to initiate disciplinary proceedings for on and off-campus incidents involving violations of the Student Code of Conduct. Initiation of the Conduct Review process for off-campus incidents may occur when the violation is committed while participating in a College sanctioned or sponsored activity, the violation adversely affects the educational or service function of the college, or the violation adversely affects the individual’s suitability as a member of the College community. The seriousness of off-campus conduct, the risk of harm involved, and whether the off-campus conduct is part of a series of actions which occurred both on and off-campus, may be considered in determining whether or not to exercise off-campus jurisdiction. The Director of Student Development (or designee) will determine if the College will pursue action for off-campus behavior.

 

Criminal/Civil Penalties

Students who engage in alleged violations of the Student Code of Conduct may also face civil or criminal penalties. This statement is not intended to replace federal, state, or local actions. Any action involving the student in a legal proceeding does not free the student from responsibility to participate in a College disciplinary hearing. The College will decide whether to proceed with action, before, after, or simultaneously with a legal proceeding.

 

Student Code of Conduct

Any student found to have committed or to have attempted to commit the following misconduct is subject to disciplinary sanctions:

• All forms of academic misconduct, including but not limited to: cheating, fabrication, plagiarism, or facilitation of academic dishonesty.
• All forms of dishonesty, including but not limited to: fabrication of information or knowingly furnishing false information to the institution, forgery, alteration or use of College documents or instruments of identification with intent to defraud, reporting false emergency to the College or to College officials acting in performance of their duties.
• Failure to identify oneself to or comply with directions of College staff or other public officials, resisting or obstructing such officials in the performance of their duties.
• Violations of published regulations such as those pertaining to, but not limited to: computer use, athletic facilities, recreational facilities, Library and Academic Support Center, or any support offices of the College.
• Misusing, or using without authority or in violation of law, the College’s information technology or telecommunications systems, including but not limited to the unauthorized or illegal use or misuse of College phone and computer network systems; the violation of the College computer use policy; the unauthorized entry or dissemination of electronic information; prank or harassing phone calls or e-mail messages; the hacking, duplication, or unauthorized use of copyrighted software; destruction, unauthorized transfer or alteration of electronic files; and unauthorized use of another individual’s electronic identification number, such as password, Social Security number, PIN, etc. Theft or other abuse of computer facilities and resources, including but not limited to: Unauthorized entry into a file, to use, read or change the contents, or for any other purpose. Use of computing facilities and resources to access and/or send obscene or abusive messages. Use of computing facilities and resources to interfere with normal operation of the College computing system. Use of computing facilities and resources in violation of copyright laws.
• Obstruction or disruption of teaching or classroom activities, research, administration, or other College activities or College sanctioned events or activities.
• Tampering with, or the unauthorized use of: fire safety equipment such as extinguishers, smoke detectors, alarm pull stations or emergency exits, including activating a false fire alarm, failing to evacuate a facility during the sounding of a fire alarm or upon the direction of a staff member, or attempting to re-enter the building without permission of the proper authorities.
• Damage, destruction, theft or unauthorized use of College property, or property of a person on College premises.
• Unlawful distribution, dispensing, possession, use or sale of illegal or controlled substances.
• Distribution, possession, use, or sale of alcohol in violation of College policy.
• With the exception of campus police officers or other law enforcement officials acting in the performance of their duties, possession, use, or manufacture of a firearm or other weapon, including explosives, dangerous chemicals, fire-bombs, other destructive devices; possession of a weapon in a vehicle on campus.
• Physical abuse, including but not limited to rape, sexual assault, sex offenses and other physical assault; intentionally subjecting another person to offensive physical contact, other than self-defense.
• Threats of violence; conduct that threatens the health and safety of any person.
• Harassment of any kind, including stalking; any form of verbal abuse.
• Mistreatment of an individual or group, including physical or verbal abuse, and harassment, against an individual or group because of race, color, national origin, ancestry, gender, age, disability, religion or religious practice or sexual orientation.
• Behavior that recklessly or intentionally endangers the mental or physical health of another person.
• Forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
• Hazing, defined as an act which endangers the physical or mental 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. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violation of this rule.
• Sexual harassment; unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constituting sexual harassment when such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive College environment.
• Disorderly or disruptive behavior, lewd behavior, unreasonable noise, or behavior that results in unreasonable annoyance, particularly behavior that disrupts the educational functions of the College.
• Intentionally providing false information on an Admission or Financial Aid application.
• Smoking in College buildings or in violation of College smoking and tobacco use policies.
• Permitting privately owned animals to run loose on College premises or to enter into any College facility, except in cases of service animals, or as authorized to fulfill a class assignment.
• Refusal to leave a classroom, activity, or College building when directed to do so by a College official.
• Abusing the College Discipline and Conduct Review system, including but not limited to: failure to obey the notice from a Conduct Board or Conduct Administrator to appear for a meeting or hearing as part of the Student Conduct System; distorting or misrepresenting information before a conduct administrator or board; attempting to influence or discourage an individual’s proper participation in, or use of, the conduct review system; harassing (verbal or physical) and/or intimidating a member of a conduct review board; or failing to comply with the terms of any imposed disciplinary sanction.
• Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College premises.
• Intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on College premises.
• Behavior that is, or could be, violation of federal, state, or local laws where such violations have an adverse effect on the College and the College community.

 

Student Code of Conduct Administration

The Director of Student Development, or designee, shall administer the Student Code of Conduct and questions regarding its interpretation shall be referred to the Director, or designee, for final determinations.

Interim Suspension

The College may suspend a student, pending a hearing if, in the Student Conduct Administrator’s, or designee’s, judgment the student’s presence on campus constitutes a danger to self or others, or the alleged offense is of a heinous nature. Every effort will be made to schedule a hearing within five (5) workdays after the suspension if the student so requests in writing or the Student Conduct Administrator, or designee, deems it appropriate.

Inability of an Accused Student to appear at any Student Conduct Hearing due to long distance travel, incarceration, or other reasons, may not result in an extension of the time period before the hearing. In such cases, an Accused Student may be given the opportunity to participate in a hearing by telephone or by written statement. The appropriateness of such arrangements will be determined by the Student Conduct Administrator.

If the Student Conduct Administrator determines that an accused student poses a significant safety threat to students or college employees, the College may require that the requested hearing take place in an alternative format, i.e. telephone or in writing. Inability of an accused student to participate in a hearing in person or by telephone or in writing may not prevent the College from holding a hearing without the participation of the Accused Student.

If an interim suspension occurs during College calendar breaks, the College may schedule the hearing within five (5) workdays after the resumption of classes.

If the accused student and the Student Conduct Administrator do not request a hearing, the interim suspension remains in effect.

During an interim suspension, students shall be denied access to the campus (including classes), and shall be denied access to electronic services of the College, such as Telecourses, Internet or other Distance Learning activities, e-mail, and/or all other College activities or privileges for which the student might otherwise be eligible. Continued use of such services without the express permission of the Director of Student Development, or designee, shall be considered a further and additional violation of the Code of Conduct.

 

Charging a Student with Misconduct

Any student or College Official may file a complaint of misconduct against a student. The complaint(s) of misconduct shall be submitted, in writing, to the Director of Student Development, or designee, within ten (10) workdays of the point at which the alleged misconduct occurred or within ten (10) workdays of the point at which the alleged misconduct could reasonably have been known to occur. An Incident Report submitted by Campus Safety/Security officers to the Director of Student Development, or designee, can be a written complaint of misconduct.

The Director of Student Development, or designee, shall review all alleged violations involving students, and may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of both parties involved on a basis acceptable to the Director of Student Development, or designee. Such disposition shall be final and there shall be no subsequent proceedings. If the alleged misconduct is not admitted, or cannot be disposed of by mutual consent, the Director of Student Development may later serve in the same matter as the Student Conduct Administrator.

The Student Conduct Administrator may seek to resolve disputes through arbitration or mediation.

The Student Conduct Administrator may issue a disciplinary action and sanction.

The College President and Vice President of Academic and Student Affairs will be notified of all charges involving allegations of severe or violent alleged misconduct.

 

Hearings

Informal Hearing

A meeting between the Director of Student Development, or designee, and the Accused Student is considered an informal hearing. At such time, the student will be apprised of misconduct complaints and/or charges, typically, but not necessarily, in writing. The Accused Student will be given the opportunity to discuss, dispute, and/or admit to the misconduct. In cases of severe or violent alleged misconduct, an informal hearing may be bypassed and the accused student will be notified in writing of charges of alleged misconduct and the date and time of a formal hearing.

Formal Hearings

A Faculty/ Student Conduct Board hearing may be called when a Student Conduct Administrator so requests, or when an Accused Student wishes to appeal a disciplinary action taken by the Director of Student Development, or designee. The Director of Student Development, or designee, shall determine whether an Administrative Hearing or a hearing by the Faculty- Student Conduct Review Board is appropriate. Such decision will be based upon the circumstances and severity of each individual case. During Intersession and summer sessions, only Administrative Hearings will be conducted.

In cases of an Administrative Hearing, the hearing officer shall be the Vice President of Academic and Student Affairs, or designee.

 

Procedures

The following procedures will be followed for all formal hearings:

All formal hearings shall normally be conducted in private.

The Accused Student and Complainant have the right to be assisted by an advisor they choose, at their own expense. The advisor must be a member of the College community and may not be an attorney. The Complainant and the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any formal hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor .The student may consult with the advisor prior to answering questions or making any statements, but the advisor will not be allowed to speak for the student.

The Complainant, and Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the formal hearing at which information is received (excluding deliberations). Admission of any other person to the hearing shall be at the discretion of the Faculty/ Student Conduct Board chairperson and/or it’s Student Conduct Administrator.

The College reserves the right to require the presence of security personnel before, during and after all interactions related to student misconduct. If the student is charged with misconduct of a violent nature, the student may be frisked and asked to empty his/her pockets, backpacks, and other possessions before proceeding with the interview or hearing.

The student will be informed in writing of the reasons for a hearing with sufficient particularity, and in sufficient time, to ensure opportunity to prepare for the hearing.

The burden of establishing violation(s) shall rest upon the officials bringing the charge(s).

The Complainant, the Accused Student and the Student Conduct Administrator/Board may arrange for witnesses to present pertinent information to the Student Conduct Administrator/Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two workdays prior to the hearing. Witnesses will provide information to, and answer questions from the Student Conduct Administrator/Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Board with such questions directed to the chairperson or Student Conduct Administrator, rather than to the witnesses directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson or the Student Conduct Administrator.

In hearings involving more than one Accused Student, the Student Conduct Administrator, in his/her discretion, may permit the hearings concerning each student to be conducted either separately or jointly.

The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, audio tape, written statement, or other means, where and as determined in the sole judgment of the Student Conduct Administrator to be appropriate.

In no case shall the Faculty/Student Conduct Board or Student Conduct Administrator consider statements against the Accused Student unless s/he has been advised of their content and of the names of those who made them, and unless s/he has opportunity to rebut unfavorable inferences which might otherwise be drawn.

Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson or Student Conduct Administrator.

All matters upon which the decision may be based must be introduced into evidence at the proceedings before the Student Conduct Administrator/ Board. The decision shall be based solely upon such evidence. The Student Conduct Administrator/ Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code of Conduct. In cases where the Board finds the Code of Conduct was violated, the Board may suggest possible sanctions to the Student Conduct Administrator. The decision of specific sanctions to be imposed will be determined by the Student Conduct Administrator in cases of Board Hearings, and by the presiding hearing officer in Administrative Hearings.

If an Accused Student, with notice, does not appear for an informal hearing, Faculty/Student Conduct Board Hearing or Administrative Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

There will be a verbatim record of the testimony and the voting at the hearing (not deliberations) such as a tape recording. The record shall be the property of the College.

Determination of issues by the Student Conduct Board shall be majority vote and shall be so reported. The actual number of those in the majority will be disclosed to the Accused Student and Complainant.

The Student Conduct Administrator/Board shall render its decisions in writing as soon after the close of the hearing as reasonably possible and it shall transmit such decisions promptly in writing to the Accused, the Complainant, and to the College President. The written decision shall be considered educational records of both the Accused Student and the Complainant, if the Complainant is a student.. Other than in the case of a sanction of expulsion from the College, Student Conduct Records, including sanctions, will remain separate from academic records. A final determination of expulsion will be added to the academic transcript for a designated period of time, determined by the Student Conduct Administrator.

 

Sanctions

The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

Admonition/Reprimand is an oral statement to the student offender that he/she has violated the Student Code of Conduct. It does not become a matter of permanent record.

Warning is an oral or written notice to the student that continuation or the repetition of specified conduct may be cause for other disciplinary action.

Restitution requires the student to reimburse for damage or misappropriation of property to the College or other owner. Reimbursement may take the form of compensation for damages or an appropriate period of service.

Censure is a written reprimand for specific conduct violations that may include a period of probation.

Disciplinary Probation is for a specified period of time and may or may not include specific conditions. If conditions are applied, such conditions would include, but not be limited to exclusion from participation in privileges or College activities, including access to facilities, participation in athletics and extracurricular activities, and off-campus College sponsored events. Conditions of probation may also include activities such as community service, and/or restitution. It may also prohibit personal contact with specific individuals. Failure to comply with conditions of probation may result in additional disciplinary actions.

Suspension is exclusion from class attendance and other privileges or activities for a definite period of time or temporary withdrawal from the College for a specified period, usually a semester or longer, after which the student may return.

Expulsion is permanent termination of student status. A notation of expulsion will be added to the academic transcript for a specified period of time.

Revocation of Admission and/or Degree Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining the degree, if such violations were committed by a student prior to graduation.

Remedial action such as counseling and alcohol and drug evaluations may be required in conjunction with any of the above sanctions.

 

Appeal Procedure

In cases when the Vice President of Academic and Student Affairs serves as the hearing officer, the President of the College shall serve as the appeal officer.

In cases when the original hearing is conducted by the Faculty/Student Conduct Hearing Board, and the Student Conduct Administrator imposes a sanction less serious than suspension or expulsion, the Vice President of Academic and Student Affairs serves as the appeal officer. In cases where the sanction is suspension or expulsion, the President of the College will serve as appeal officer.

The student may appeal a disciplinary action, determined through a hearing, by writing the appropriate appeal officer within five (5) workdays after receipt of the written notification of the hearing outcome. The written appeal must include a statement showing why the appeal has merit. A personal meeting with the student filing the appeal will be at the discretion of the appeal officer.

Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

1. To determine whether the original hearing was conducted fairly in light of the charges and presented evidence, and in conformity with prescribed procedures.
2. To determine whether the decision reached was based on sufficient information to establish that a violation occurred.
3. To determine whether the sanction(s) were appropriate for the violation of the Student Code of Conduct that the student was found to have committed.
4. To consider new evidence, sufficient to alter a decision, or whether relevant facts not brought out in the original hearing, because such evidence and /or facts were not known to the person appealing at the time of the original hearing.

Upon appeal, the appeal officer will approve, disapprove, modify or mitigate the original findings, determination and/or sanctions. The appeal officer will transmit his/her decision in writing within ten (10) workdays, to the student and the Student Conduct Administrator.