College Policies

College Policies Including Applicable Federal and New York State Policies


The possession and consumption of alcohol is not permitted on campus. Possession and consumption of alcohol during off-campus College sponsored activities may be permitted when the function is held at a facility duly licensed to serve alcoholic beverages and said facility controls the dispensation of any alcoholic beverages. Students and employees who are 21 years of age or older may consume alcohol at such events. 

Any forced consumption of alcohol for the purpose of initiation into or affiliation with any organization is strictly prohibited. The College reserves the right to sanction employees and students who violate the state law and either of the following College prohibitions 

  1. The consumption of alcoholic beverages or possession of alcoholic beverages in public places, including hallways, lounges, buildings, or on College grounds. Note: College grounds include all College parking lots and any vehicles parked on College property. 
  2. Driving while under the influence of alcohol. Students and employees found in violation of the College Alcohol Beverage Policy will be subject to disciplinary action which could include disciplinary probation, suspension, or dismissal from the College.

When a student is placed on disciplinary probation for an alcohol offense, the College reserves the right to notify parent(s)/legal guardian(s) about the disciplinary status consistent with the provisions of the Family Educational Rights and Privacy Act (FERPA).

The College reserves the right to alert civil authorities to problems on or off campus. Concerns likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community. 

SUNY Ulster supports New York State laws concerning drinking and accepts the responsibility to inform each student and employee of his or her obligation to obey these laws. The College offers no protection for violators of these laws. New York law provides that it is unlawful for anyone under the age of 21 to possess, consume, purchase, attempt to purchase, or transport alcoholic beverages. State law further provides that it is unlawful to furnish alcoholic beverages to anyone under the age of 21. 

Students are expected to attend all class meetings scheduled in the classes for which they are registered and for regular participation for online classes. Absence does not excuse the student from responsibility for class work or assignments missed. Excessive absence or lateness may lead to a recommendation by the instructor that the student be dropped from the class with an appropriate grade. Should you be called to jury duty, you are entitled to one postponement. It is recommended that you postpone until the end of the semester or until summer. Individual instructors determine their own class attendance policy and inform their students, in writing, about this policy at the beginning of each semester. As a public, comprehensive, learner-centered institution, SUNY Ulster is committed to establishing the best learning environment for all students. As part of this goal, principles of suitable classroom behavior include the following: 

  1. Students are responsible for arriving in class prepared and on time and remaining in class for the entire period. Arriving late or leaving early is disruptive to the instructor and other students. Instructors may have specific procedures regarding penalties for tardiness and early departure.
  2. Students are responsible for complying with attendance requirements. Excessive absences contribute to poor student performance. If a student misses class, the student is responsible for lecture material, assignments, and handouts for the missed class or classes. Instructors may have other specific procedures regarding academic penalties for excessive absences. These may include withdrawal from the class.
  3. Classroom behavior should not interfere with the learning process. Inappropriate behavior during class includes not being respectful of the instructor and other students by leaving one’s seat, carrying on conversation with other students, using a cell phone in class, having a pager sound, and using foul language. Instructors have the right to Withdraw a Student for Cause should they feel that a student’s actions continue to be disruptive following adequate warning. Instructors may have other specific policies regarding classroom behavior.
  4. Students should come to class prepared. They should have the required textbooks and completed assignments, be prepared for exams and quizzes, and be prepared for active participation in class discussions where appropriate. Failure to prepare adequately not only puts students in jeopardy in regard to successful completion of the course, but also affects the progress of the entire class. Instructors may have other specific policies regarding preparation for class.  

 

Prohibited Conduct

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

  1. Willfully cause physical injury to any person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any action which he or she has a lawful right to do or to do any act which he or she has a lawful right not to do.
  2. Physically restrain or detain any other person nor remove such person from any place where the person is authorized to remain.
  3. Willfully damage or destroy property of the institution or under its jurisdiction nor remove or use such property without authorization.
  4. Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty, or staff member.
  5. 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.        
  6. Without authorization, remain in any building or facility after it is normally closed.   
  7. Refuse to leave any building or facility after being required to do so by an authorized administrative officer. 
  8. Obstruct the free movement of persons and vehicles in any place to which these rules apply. 
  9. 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 or her views, including invited speakers. 
  10. Knowingly have in his or her 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. 
  11. Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.

Take any action or 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.  

In any case where violation of these rules does not cease after such warnings, or in cases of willful violation of these rules, the Chief Administrative Officer of the College or his or her designee shall have the violator removed from any premises which he or she occupies in such violation and shall initiate disciplinary action as provided in those documents or statutes previously cited. Disciplinary action excluding those penalties determined in a legally constituted court of law may be any of the actions described in the Maintenance of Order Policy.  

The Chief Administrative Officer or his or her designee may apply to public law enforcement authorities for any aid deemed necessary in causing the ejection of any violator of these rules and may include a request that the legal counsel of the College apply to any court of appropriate jurisdiction for an injunction or other legal action as may be deemed appropriate or necessary to restrain the violation or threatened violation of this statement or those rules and regulations referred to herein. 

The Board of Trustees affirms and upholds the right of freedom of speech and peaceful assembly and hereby affirms the right of each and every individual referred to herein to be afforded the due process of law as set forth in the Constitution of the United States, New York State Constitution, and all statutory law. It is understood by the Board of Trustees of Ulster County Community College that this statement in its entirety or in part may be amended or revised at any time that fuller consideration and experience may dictate or require, and that the filing of any such amendments to this statement in its entirety or in part must be filed within ten days after the adoption of such changes.

SUNY Ulster is committed to protecting employees, students, partners and the College from illegal or damaging actions committed by individuals, either knowingly or unknowingly. The purpose of this policy is to establish basic guidelines for the appropriate use of computing resources (i.e. computers, laptops, electronic mail, the Internet, and related electronic products) at SUNY Ulster.

All Internet/Intranet/Extranet-related systems, wired and wireless, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic services, are the property of SUNY Ulster. These systems are to be used for legitimate business or academic purposes in serving the mission and goals of the College in the course of normal operations.

Effective security is a team effort involving the participation and support of every SUNY Ulster employee and affiliate who utilizes information and/or information systems. It is the responsibility of every computer user to understand these guidelines, and to conduct their activities accordingly.

 Click here to access and read the entire policy.

The Semester / Credit Hour Policy and Compliance defines the college’s policy on the assignment of semester / credit hours and the method by which the college’s compliance with credit hour assignment is assured. All credit-bearing degree and certificate programs at SUNY Ulster are approved by the New York State Education Department (NYSED). Calculation of credit hours for these programs follows NYSED guidelines, which are consistent with the U.S. Department of Education’s definition of a credit hour.

Click here to access and read the entire Semester/Credit Hour Policy & Compliance document.

A. Reporting Misconduct 

Charges for violations of the student code may be initiated by a campus community member (faculty, student, staff, and administrator) or by an on-campus visitor. 

  1. Retaliation against the person reporting the violation is strictly forbidden and will result in disciplinary action.  
  2. Code violations (except charges of sexual harassment) are to be filed in writing within the semester of occurrence with the Assistant Dean of Student Services, hereafter referred to as the Assistant Dean, or designee, who will review the complaint and make a determination whether to proceed with disciplinary action. If the determination is to proceed, the Associate Dean will notify the student in writing of the charges within seven and no more than 21 days from the original complaint. Sexual harassment complaints should be made to the Affirmative Action Officer within the reporting time limits contained in the Sexual Harassment Policy and Complaint Procedure.

B. Student Due Process Hearing

  1. The Assistant Dean will convene a hearing with the student. 
  2. The student shall have the right to plead his or her innocence and to present evidence or witnesses to that end. 
  3. The student shall have the right to seek the assistance of another student, faculty, or staff member in the representation of his or her defense. A student may not be represented by legal counsel. 
  4. The Assistant Dean will render a verbal decision at the hearing or a written decision no later than five days thereafter. 
  5. Warnings, if issued, will stipulate specific beginning and ending dates.  

C. Sanctions 

Sanctions may include, but are not limited to, oral and written warnings, probation, probation with a limitation of college activities, restitution, community service, suspension, and dismissal.

D. Appeals

In those cases where the Assistant Dean renders a formal disciplinary decision, the student shall have the right to appeal the decision of the Assistant Dean to the Senior Vice President of the College or the Senior Vice President's designee. All such appeals must be in writing and filed within five business days of the notification of action; that is, warning, probation, suspension, dismissal or other sanction. In those cases where a designee of the Assistant Dean has rendered a decision, appeals will be filed in writing to the Assistant Dean within five business days of the action. All appeals will receive a response within ten business days. The decision of the Senior Vice President, Assistant Dean, or designee shall be final. The student shall not have the right of an in-person appeal. 

E. Expedient Authority

Interim suspension: In the event a behavior represents, in the judgment of the Assistant Dean, a danger to the campus community, the Assistant Dean may suspend a student and declare the student persona non grata from the campus pending the convening of the Student Due Process Hearing. In all cases the student will be entitled to a hearing. 

Removal from class: Should a faculty member determine that a student's behavior in a particular class is disruptive such that the normal purpose of the class cannot be fulfilled, then the faculty member may direct that the student leave the class. Should the student refuse the directive to leave, the faculty member may call Security to have the student removed from class. At the conclusion of the class, the faculty member will file a written report with the Assistant Dean, who will schedule a meeting with the student. The student may not return to class until he or she has met with the Assistant Dean. Should mediation not be successful, the Assistant Dean will initiate a Student Due Process Hearing as appropriate to the circumstances. 

F. Off-Campus Jurisdiction

Violations of local, state, or federal laws, if committed off campus, shall be the subject of College disciplinary action when, in the judgment of the Associate Dean, it represents a danger to life, welfare, or property of members of the College community. The Associate Dean may choose to impose an interim suspension and a declaration of persona non grata pending the outcome of criminal process; however, the student shall be provided the opportunity for a Student Due Process Hearing subsequent to the finalization of the criminal process or, at the election of the student, during the pendency of the criminal matter.

G. Review of Complaint Process

To continuously improve SUNY Ulster policies and procedures, the college’s Non-Academic Complaint Review Committee meets at the conclusion of each semester to review complaints filed during the semester and their outcomes.   The biannual meeting of the committee is to provide visibility to the nature and number of non-academic complaints; to identify trends and/or relationships among or between the complaints, if any; and to collaboratively identify improvements to complaint policies and/or procedures.

The College’s Non-Academic Complaint Review Committee is comprised of the Affirmative Action Officer, the Assistant Dean for Student Development and Athletic Director, the Director of Public Safety, the Coordinator of Field Work and College Counselor, a faculty member, and a student representative.  

Each member of the committee is responsible for cataloging complaints received and their resolution and identifying steps to take to improve the reporting or management of complaints. Recommendations for policy or procedure revision are made to the President's Cabinet for consideration and adoption.  

Amendments to New York State Education Law requiring all colleges to provide information and guidance to incoming students became effective in April 2009.  Amendment 6431 requires the establishment of an advisory committee on campus security.  Amendment 6432 requires colleges to inform incoming students about sexual assault, domestic violence and stalking prevention measures on campus.  SUNY Ulster is in full compliance with all New York State requirements.

The sale, production and/or distribution of, as well as attempt and conspiracy to sell, produce, and/or distribute cocaine and its derivatives, marijuana, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances on College property will result in disciplinary action.  

Use or possession of cocaine and its derivatives, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances will result in disciplinary action. Use or possession of marijuana will result in disciplinary action. Second offenses may result in expulsion from the College.  

Additionally, State and Federal Trafficking Penalties can result in fines and/or incarceration. A complete list of Federal penalties may be found at www.dea.gov/agency/penalties.htm
When a student is sanctioned for a drug related offense, the College reserves the right to notify a parent or legal guardian about the student’s disciplinary status, consistent with the provisions of the Family Education Rights and Privacy Act (FERPA). 

SUNY Ulster recognizes drug abuse not only as a safety and security problem, but as an illness and serious health problem. The College offers counseling and support services as well as referral to agencies and organizations through Student Services. Student and employee education and information are available through Health Services.  

SUNY Ulster is in compliance with the DFSCA, which requires colleges and universities to adopt and enforce policies that include sanctions for illegal alcohol and other drug use and to provide students and employees with appropriate information and services to back up those policies. 

SUNY Ulster maintains a written policy that sets forth standards of conduct clearly prohibiting the unlawful possession, use, or distribution of alcohol or illicit drugs on College property or as part of any College activity. This policy clearly states that sanctions apply to employee and student acts committed while under the influence, such as public disturbances, endangerment to self or others, or property damage. 

Federal law prohibits release of a transcript to a third party without the student’s consent. FERPA is designed to protect the privacy of education records, to establish the rights of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Protection and Regulations Office in Washington, D.C., concerning alleged failures by the College to comply with the act.  Copies of SUNY Ulster’s complete policy statement regarding FERPA are available in the Registrar’s Office, VAN 206. Questions concerning FERPA may be referred to the Registrar or the Associate Dean of Student Services, VAN 119. 
 
The College is allowed to provide directory information to outside parties unless the student requests this information be restricted from disclosure. Directory information is as follows: name, address, telephone number, email address, major field of study, dates of attendance, enrollment status, degrees and awards received, most recent previous school attended, photographs, participation in officially recognized activities and sports, and height and weight of athletes.  Institutions are forbidden to designate ID number, Social Security number, race, ethnicity, nationality, or gender as directory information. 
 
FERPA applies to students who have reached the age of 18 and attend a post secondary institution. If a student wishes a parent, guardian, or other individual to have access to educational records, he or she must go to the Registrar’s Office to fill out a release form, indicating to whom the permission is being granted and which offices are allowed to disclose the student’s information to that individual. This permission is only good for one academic year and must be updated by the student each year of attendance. Once a student is no longer enrolled, all FERPA permissions become invalid and information from that point forward can only be released to the student.

Student Identity Verification
All methods of verifying student identity must protect the privacy of student information in accordance with the Family Educational Rights and Privacy Act (FERPA), Federal Higher Education Opportunity Act, and any other applicable laws or regulations regarding the confidentiality of personally identifiable information, and the College’s Privacy Policy.

All users of the College’s learning management system are responsible for maintaining the security of usernames, passwords, and other access credentials as required. An account is given to an individual for the exclusive use by that individual.

The Registrar's office is responsible for maintaining the privacy of student records and releasing information based on compliance with FERPA regulations. 

The IT Department is responsible for assuring the security of student account on the IT systems as well as ensuring that student computer access passwords are passed directly to the student.

Personally identifiable information collected by the College may be used as the basis for identity verification. This information may include a combination of the following:  Student ID number or the last 4 digits of the student’s Social Security Number or date of birth.

Ensuring Student Identity Verification
Upon enrollment each student at SUNY Ulster is assigned a permanent and secure ID number that is used to identify him/her for all internal College processes and for access to Web services.

Students are responsible for providing complete and true information in the identity verification process, in accordance with the College’s Social Security Number Policy, as well as policies on student conduct and fraud. 

Social Security Number Policy
In compliance with the Privacy Act of 1974 (P.L. 93-579): disclosure of an applicant’s Social Security number is required on applications for financial aid. The applicant’s Social Security number will be used to identify the student’s account, verify the student’s identity during the period of attendance, and to ascertain that there is no improper, simultaneous funding under other federal financial aid programs. As above, applicants are required by federal law to provide their Social Security numbers (SSN) on the FAFSA. Provision of the College’s Student ID or SSN (as specified on the individual document) is required on all supporting documents used to apply for financial aid. The SSN will be used for the College’s system of student records, for compliance with federal and state reporting requirements, as well as for debt collection. The College will not disclose the SSN to anyone outside the institution except as required by lawor when requested by the student, and will make every effort to protect the applicant’s privacy. 

Guidelines for Student Identity Verification in Distance Education
SUNY Ulster students registered for online courses have a secure user ID and password assigned to them by the College using a FERPA compliant procedure. Students have the opportunity to change their password at any time and are encouraged to do so periodically. Access to online courses is controlled by the use of the secure User ID and Password.

All credit-bearing courses and programs offered through distance learning methods at SUNY Ulster verify that a student who registers for a distance education course or program is the same student who participates in and completes the course or program and receives academic credit through the use of a secure login and password.

Protection of Student Privacy
All methods of verifying student identity in distance learning protect the privacy of student information. The privacy of students is protected under the College’s policies regarding student privacy, confidentiality, fraud, FERPA rules, and the Social Security Privacy Act of 1974 (P.L. 93-579). These policies are published in the Student Handbook and on the College’s website.

All users of the College’s online learning management systems are responsible for maintaining the security of usernames and passwords. Access credentials may not be shared or given to anyone other than the user to whom they were assigned for any reason. Users are responsible for any and all uses of their online account. Users are held responsible for knowledge of the College’s Network Security and Acceptable Use Policy.

Charges Associated with Student Identity Verification
SUNY Ulster does not charge a fee for student identity verification. Students would be notified of additional fees, if any, prior to and during the registration process through use of the College Catalog, and on the College website. http://www.sunyulster.edu/admissions/tuition_fees/

NYS Public Health Law 2165 requires students who were born on or after January 1, 1957, and who are taking 6 or more credits in any one semester to provide at the time they register proof of immunization against measles, mumps, and rubella. Students who need these immunizations should contact College Health Services, SEN 139, 845-687-5246. NYS Public Health Law 2167 requires that all college and university students enrolled in at least 6 credits per semester complete and return the meningitis response portion of the immunization form Students needing these immunizations should contact College Health Services, Senate 139 or 845-687-524 for referral.

Students are expected to remain in satisfactory academic standing. The phrase ‘satisfactory academic standing’ means that the student has maintained an acceptable grade-point average (GPA) for course work at SUNY Ulster:  

Semester Hours of Credit Attempted Satisfactory GPA 
  0-24  1.5
 25-36  1.7 
 37-54     1.9 
55+  2.0


A matriculated student who fails to maintain a satisfactory GPA is subject to academic probation or dismissal. In addition, a student who has a total of six or more W's (excluding those from Summer Sessions) may be subject to academic probation or dismissal review.

Academic probation, including any accompanying restraints upon the student’s activities, is intended to encourage greater effort by the student who appears to be having difficulty meeting academic standards. Probation lists are compiled at the end of the Fall and Spring semesters and applied to the student’s academic standing for the next semester(s). A student on probation who does not achieve the minimum acceptable GPA by the end of the next Spring or Fall semester will be subject to dismissal review by the Academic Review Committee. The progress of part-time matriculated students will be reviewed in units of six credits or more. A part-time student placed on probation for two consecutive semesters (excluding Summer Sessions) will be subject to dismissal review by the Academic Review Committee.

Academic dismissal means that the student has lost matriculated status at the College and must petition for reinstatement. 
A student who has been dismissed and who believes that an error has been made or extenuating circumstances exist has the right of appeal. A student who is currently enrolled will be permitted to continue attending classes until a decision is made on the appeal. A student appeals for reinstatement by following these steps:

  1. The appeal must be made in accordance with the instructions in the letter of dismissal.
  2. A written appeal for reinstatement must be submitted to the Assistant Dean of Student Success.
  3. This appeal may be supported by written recommendation(s) from any faculty member wishing to support the appeal.
  4. The appeal will be reviewed by the Assistant Dean of Student Success and forwarded to the Academic Review Committee for consideration and decision
  5. The student will be notified in writing of the Academic Review Committee’s decision.


If dismissal is not appealed or the appeal is denied, the student may then petition for reinstatement after the lapse of one spring or fall semester. The procedure for petition and reinstatement is as follows:

  1. The student will submit to the Assistant Dean of Student Success a written petition for reinstatement. This petition must include evidence that the student is ready to resume a program of study successfully
  2. The Assistant Dean of Student Success will compile all relevant documents and submit them to the Academic Review Committee
  3. The decision and recommendations of the Academic Review Committee will be given in writing to the Assistant Dean of Student Success.  

The Assistant Dean of Student Success will advise the student in writing of the Committee’s decision and recommendations. 
Status of Students on Probation

Any student who is entering a second consecutive semester on probation or who has been reinstated and is still on probation may not take more credits than are specified for the student’s program in the College Catalog. Further credit restrictions may be imposed by the Academic Review Committee. The student will also be restricted from holding a club or Student Government office, from assuming the editorship of a College publication, and from participating in intercollegiate athletics until such time as the student is removed from probationary status.

A. PURPOSE 
Bullying can foster a climate of fear and disrespect which seriously impairs the physical and psychological health of its victims and creates conditions that negatively affect any learning and working environment.  Ulster County Community College (“College”) is committed to maintaining high standards for behavior where every member of the College community conducts himself/herself in a manner which demonstrates proper regard for the rights and welfare of others.  This Anti-Bullying Policy, therefore, seeks to educate the College community about bullying, and to promote civility and respect among all its members, including the College’s trustees, administration, faculty, staff, students, contractors, consultants and vendors.

B. DEFINITION     

  1. Bullying is defined as the aggressive and hostile acts of an individual or group of individuals which are intended to humiliate, mentally or physically injure or intimidate, and/or control another individual or group of individuals.
  2. Such aggressive and hostile acts can occur as a single, severe incident or repeated incidents, and may manifest in the following forms:
    1. Physical Bullying includes pushing, shoving, kicking, poking, and/or tripping another; assaulting or threatening a physical assault; damaging a person’s work area or personal property; and/or damaging or destroying a person’s work product.
    2. Verbal/Written Bullying includes ridiculing, insulting or maligning a person, either verbally or in writing; addressing abusive, threatening, derogatory or offensive remarks to a person; and/or attempting to exploit an individual’s known intellectual or physical vulnerabilities.
    3. Cyberbullying is defined as bullying an individual using any electronic form, including, but not limited to, the Internet, interactive and digital technologies, or mobile phones.

C. BULLYING PROHIBITED

  1. Bullying is strictly prohibited on any College property; at any College function, event or activity; or through the use of any electronic or digital technology, whether or not such use occurs on College property.
  2. his policy shall apply to all College trustees, administration, faculty, staff, students, contractors, consultants and vendors.
  3. Any case of bullying suspected to be of a criminal nature shall be referred to local law enforcement authorities.

D. REPRIMAND OR CRITICISM

Bullying shall not include circumstances wherein:

  1. A supervisor or any person with supervisory authority reports and/or documents an employee’s unsatisfactory job performance and the potential consequences for such performance;
  2. A faculty member or academic program personnel advise a student of unsatisfactory academic work and the potential for course failure or dismissal from the program; or
  3. A faculty member or academic program personnel advise a student of inappropriate behavior that may result in disciplinary proceedings.


E. PROCEDURES FOR REPORTING BULLYING

1.    Reporting bullying by students:

  1. Complaints alleging students bullying other students, employees, contractors, consultants or vendors should be reported immediately to the Office of Safety and Security.
  2. Any such complaints will be forwarded to the College’s  Associate Dean of Student Services for investigation, in accordance with the procedures set forth in the Student Code of Conduct and Student Conduct Process.

2.    Reporting bullying by employees:

  1. Complaints alleging College employees bullying other employees, students, contractors, consultants or vendors, should be reported immediately to the Office of Safety and Security, which will then refer the report to the Dean of Administration.   
  2. In accordance with College policy, the Dean of Administration will review the complaint, conduct an investigation and recommend any appropriate disciplinary action.
  3. Complaints concerning the Office of Safety and Security, the Dean of Administration or employees within the reporting line of the Dean of Administration should be directed to the President of the College.  In accordance with the College policy, the President will review the complaint, conduct an investigation and recommend any appropriate disciplinary action. 

3.    Complaints involving bullying by persons not identified in subparagraphs (1) and (2), herein, should be reported to the College Attorney.

4.    Any inquiries regarding reporting alleged violations of this policy should be directed to the College Attorney. 
  

F.     DISCIPLINARY ACTION

Violations of this policy shall be considered misconduct, and violators will be subject to disciplinary action in accordance with College policy, the applicable collective bargaining agreements, and the Student Code of Conduct and Student Conduct Process. 
 

The Title IX law states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Title 20 U.S.C. section 1681.

This protection applies to all employees, students, guests and vendors. 
This protection applies to decisions involving admissions; course requirements and activities; course selection; financial aid; participation in campus activities, clubs and organizations; educational services and counseling, athletics and employment.

Title IX also prohibits other forms of sex discrimination such as harassment or sexual violence.

Access the full Title IX policy on the Title IX section of the home page of the SUNY Ulster portal or by clicking here.

Both locations provide contact information to reach SUNY Ulster’s Title IX Coordinator, who assists faculty, staff, and students with securing needed resources and help.  

It is a violation of College policy for any member of the College community to engage in sexual harassment or to retaliate against any member of the College community for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.   
 
Sexual harassment of employees and students, as defined below, is contrary to SUNY Ulster policy and is a violation of federal and State laws and regulations. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when  

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing;  
  2. Submission to or rejection of such conduct by an individual is used as a basis for employment or education decisions affecting such individual; or 
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or educational environment.  

Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between faculty/staff member and student, supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between students or co-workers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). It may also occur between the College’s faculty, staff, or students and third-party vendors. A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.  
 

 

Examples of Sexual Harassment

Sexual harassment may take different forms. Using a person’s response to a request for sexual favors as a basis for an academic or employment decision is one form of sexual harassment. Examples of this type of sexual harassment (known as quid pro quo harassment) include, but are not limited to, the following:  

  • requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);
  • submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity, because sexual advances have been rejected.

Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the recipient does find, and a reasonable person would find, that an intimidating, hostile, or abusive work or academic environment has been created. Examples of this kind of sexual harassment (known as hostile environment harassment) include, but are not limited to, the following:

  • sexual comments, teasing, or jokes; 
  • sexual slurs, demeaning epithets, derogatory statements, or other verbal abuse;
  • graphic or sexually suggestive comments about an individual’s attire or body;  inquiries or discussions about sexual activities;
  • pressure to accept social invitations, to meet privately, to date, or to have sexual relations;
  • sexually suggestive letters or other written materials;
  • sexual touching, brushing up against another in a sexual manner, graphic or sexually suggestive gestures, cornering, pinching, grabbing, kissing, or fondling;      sexual violence; and
  • gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Complaint Procedure

Because of the sensitive nature of situations involving sexual harassment, the College will follow a flexible system for complaints to ensure the protection of the right to privacy of the complainant. Employees or students who believe they are being sexually harassed, and College officials who receive reports of sexual harassment should contact the Affirmative Action Officer, who is the Vice President and Dean of Enrollment Management,  located in Vanderlyn Hall, VAN 119, 845: 687-5070. In the event an informal or formal complaint is filed against the Vice President, the complainant will report the complaint to the Executive Assistant to the President, who will conduct an investigation, consult with the College attorney, and report the findings to the President.    

Grievances must be brought within 60 calendar days of the last incident or within 60 days of the receipt of a final grade. 
 
If a complaint is substantiated, appropriate and strong action will be taken in accordance with the existing Board of Trustees policies. While the procedure does not negate the existing Complaint Procedure Policy, the Affirmative Action Complaint Procedure, or contractual grievance procedures, the complainant must elect a single on-campus procedure in an attempt to resolve the complaint. Nothing in the policy should be construed as in any way limiting students’ or employees’ rights to file a complaint with the New York State Division of Human Rights, the U.S. Department of Education Office for Civil Rights, or the U. S. Equal Employment Opportunity Commission, or to take any legal action which they may deem advisable. 
 
A faculty member, administrator, staff member, student, member of the public, or applicant for employment may not be subject to restraint, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a sexual harassment matter, to file a sexual harassment complaint, or to serve as a witness or a panel member in the investigation of a sexual harassment complaint. 

 

False and Malicious Accusations

Members of the College community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action. 
 
Enforcement 
There is a range of corrective actions and penalties available to the College for violations of this policy. Students, faculty, or staff who are found, following applicable disciplinary proceedings, to have violated this policy are subject to various penalties, including termination of employment and permanent dismissal from the College.   

Assault

Although any act of assault constitutes a criminal act and although any act of assault is prohibited by the College’s policy on Maintenance of Order, with this policy the College affirms its commitment to prevention of assault on campus, particularly sexual assault or bias-related assault, and confirms its commitment to making its students and employees aware of the legal consequences of such acts. Within this policy, sexual assault is used as a general term to encompass acts which would constitute sexual crimes, offenses, or violations under the New York State Penal Law.  
 
New students and employees will be informed of any violent crimes or sexual assaults occurring on the campus within a year of their admission to the College or their hiring. Any assault or act of violence should be reported immediately to Campus Public Safety (ext. 5221). Campus Public Safety is trained and equipped to handle such situations, or may contact the appropriate law enforcement agency for assistance. They will also notify the appropriate College authorities and obtain the assistance of College Health Services and counseling services for the victim. 
 
Possible disciplinary actions, excluding those penalties determined in a legally constituted court of law, are detailed in the College’s Maintenance of Order policy.

Solomon Amendment

The Solomon Amendment requires institutions to cooperate with the recruiting efforts of United States armed forces. SUNY Ulster is required by the federal government to provide the following information to the armed forces at the beginning of every fall and spring semester: name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, most recent educational institution attended.

Student Academic Honesty

Academic honesty means that students are expected to do their own work and follow the rules regarding acts such as cheating and plagiarism. It is the student’s responsibility to maintain academic honesty. That is, ignorance of the standards of academic honesty is not an acceptable excuse for breaking these standards.

Academic dishonesty - breaking the standards of academic honesty - is taken very seriously by the College. Breaking the rules of academic honesty will result in immediate disciplinary consequences. 
Academic dishonesty includes, but is not limited to, the following actions:

  1. Cheating on examinations or quizzes. Examples include (a) referring to materials that the instructor has not allowed to be used during the test, such as textbooks or notes or websites; (b) using devices the instructor has not allowed to be used during the test, such as cell phones, text messages, or calculators; and (c) copying from another student’s paper or asking another student for an answer.
  2. Plagiarism. Plagiarism means the use of words or ideas that are obtained from other sources without giving credit to those sources. Not only do quotations have to be referenced, but also any use of the ideas of others, even if expressed in the student’s own words, must be referenced. The College has a service to check for plagiarism. Any student paper can be submitted for this plagiarism check.
  3. Submission of work that is not entirely the student’s own work. Having another person write a paper or parts of a paper is one example of this offense; allowing another student to copy test answers is another example.
  4. Theft or sale of examinations, falsification of academic records, and similar offenses.
  5. Submitting work to more than one class. For example, a student who submits to an English class a paper previously turned in to a philosophy class is in violation of academic honesty, unless the English instructor has given permission for the duplicate submission.
  6. Unauthorized duplication of computer software or print materials. For example, turning in a term paper downloaded from a website is a violation of academic honesty.
  7. Influence. A student should not attempt to get an instructor to change a grade or record for any reason except achievement. For example, trying to get an instructor to change a grade because of personal hardship - or because of a bribe - is a violation of academic honesty.
  8. Practice of any other form of academic dishonesty not included in this list.

In all cases, the objective is to provide fundamental fairness to the student. It is the responsibility of the instructor to present adequate evidence in support of charges of academic dishonesty. When a student has been notified of possible academic dishonesty, the following procedures will be followed:

  1. The instructor will discuss with the student the particular offense of academic dishonesty, and the student will have the opportunity to respond.
  2. If the instructor finds the student’s response unsatisfactory, the instructor must file an official report with the Associate Dean of Student Services, together with the evidence of dishonesty.
  3. The Academic Review Committee will schedule a meeting with the student to review and clarify the College’s policy on 
    academic honesty. At this time, the student will sign a statement indicating that he or she understands the issue and its seriousness, and that he or she will be dismissed from the College if a second offense is reported.
  4. The student may appeal within ten (10) school days after this disciplinary action. The appeal must be made in writing to the Vice President of Academic Affairs.
  5. The Vice President of Academic Affairs will schedule a time and place for the student and instructor to meet with the Academic Review Committee.
  6. The hearing should provide a fair inquiry into the truth or falsity of the charges. Both the student and the instructor may provide witnesses or other relevant support at this meeting. A written record must be made of the proceedings.
  7. After consideration of the evidence, the Academic Review Committee will make its recommendation to the Vice President of Academic Affairs.
  8. The decision made by the Vice President of Academic Affairs is, in all cases, final.
  9. The Vice President of Academic Affairs will then transmit to the student and the instructor copies of all actions taken by the

Timeliness 
It is the responsibility of all parties to take prompt action in order that charges can be resolved quickly and fairly. 
Penalties

Depending upon the circumstances, any first offense will result in one of the following actions

  • Repetition of the assignment or examination
  • A failing grade for the assignment or examination,
  • A failing grade for the course, or
  • Suspension or dismissal from the program.

Any second offense will result in dismissal from the College for a period of time not less than one calendar year.

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