College Policies - Judicial Process & Appeals

Judicial Process

 

In any case where violation of any of the College's rules does not cease after such warning or in cases of willful violations of these rules, the Chief Administrative Officer of the College or the Chief Administrative Officer's designee shall have the violator removed from any premises which are occupied 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 following:

SUNY Chancellor Malatras has issued a new SUNY Policy effective October 1, 2020, regarding Uniform Sanctioning in Response to COVID-19 Student Violations at all SUNY campuses, including community colleges. 

The emergency directive to implement the Uniform Sanctioning in Response to COVID-19 Student Violations SUNY Policy is effective based on the authority of the Chancellor.

Disciplinary Reprimand: An oral statement or written statement to the offender that the offender has violated College regulations.

Apology Letter: A formal apology letter in writing.

Censure: Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any College regulation, within a period of time stated in the letter of reprimand.

Community Service: An unpaid service for the benefit of the College or the community as a consequence of violation of the code. May include work assignments on campus up to twenty-five hours.

Disciplinary Probation: Exclusion from participation in privileges or extra-curricular College activities, as set forth in the notice of disciplinary probation for a specified period of time.

Expulsion-Termination: of the status of the offender for an indefinite period of time. The conditions of readmission, or reemployment, if any is permitted, shall be stated in the order of expulsion

Mandatory Counseling: Referral to counseling services for substance abuse, psychiatric or psychological assessment.

Restitution-Reimbursement: for damage to, or misappropriation of, property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages. Such restitution will also take into account the rights of any victims of the actions of the offender.

Interim Suspension: An interim suspension may be imposed pending an investigation and/or the resolution of an alleged Code Violation. An interim suspension is not disciplinary in nature.

No Trespass/No Contact: A No Trepass/No Contact order may be imposed pending an investigation and/or as part of the outcome of the disciplinary process.

Suspension-Exclusion: from the College and other privileges or activities as set forth in the notice of suspension for a definite period of time.

Other: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense, with the approval of the Assistant Dean or designee.

Warning: Notice to the offender, orally or in writing, that continuation or repetition of the conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.

The Chief Administrative Officer or the Chief Administrative Officer's 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 rulesand 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, and all statutory law.

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 Assistant Dean, it represents a danger to life, welfare, or property of members of the College community. The Assistant 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.

It is understood by the Board of Trustees of SUNY Ulster 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.

The SUNY Ulster Maintenance of Order Policy may also be viewed in the SUNY Ulster Board of Trustees Policy Manual here.

How may Allegations of a Code Violation be Reported?

A Complaint against a student for violations of the Code may be made in writing by anyone who feels the Code has been violated. A Complaint should be made as soon as possible following the incident. A Complaint Form is available in the Public Safety Office, with the Assistant Dean for Student Services and online on the portal at my.SUNY Ulster.edu.

An incident report will be generated and sent to The Assistant Dean for Student Services. The Complaint should include as much detail of the alleged violation as possible and, to the degree possible, include specific references to that part of the Code that the complainant believes pertains to the Complaint. The Complaint must include the complainant’s name, address, and telephone number and as much information as is known about the person accused. If there are any witnesses, their names and addresses should also be provided if known. As much detail as possible should be provided. In exceptional circumstances, provisions may be made to protect the identity of reporters and witnesses upon request.

Are All Complaints of Code Violations Subject to the Judicial Code?

Yes.

What Happens When an Incident Report is Received? How is an Investigation Conducted?

When a Complaint is received by the College, The Assistant Dean for Student Services will assign an investigator and conduct an investigation as to the circumstances surrounding the event in question to determine whether there are sufficient grounds to believe a violation of the Code occurred. Unless the nature of the allegation already has a prescribed investigatory procedure (e.g. a Complaint of a violation of the College’s sexual harassment policy) the following investigatory procedure will be followed:

  1. The Assistant Dean for Student Services and/or the Office of Public Safety will schedule a conference and obtain a written statement from the Complainant and gather facts from the Complainant with respect to the allegation(s). At this time, or any time in the investigative process, The Assistant Dean for Student Services may determine that an interim suspension (see next question below) or other immediate College action is appropriate given the nature of the Complaint or the facts.
  2. Based upon the sufficiency of the Complaint or report filed, The Assistant Dean for Student Services and/or The Office of Public Safety may order an investigation of the circumstances surrounding the incident in question or make a determination that further investigation is not warranted. The latter option is appropriate only where the conduct under scrutiny is not a Code violation, even if true. A determination to dismiss the Complaint should be made by the investigator after consultation with and approval from The Assistant Dean for Student Services.
  3. If an investigation is warranted, The Assistant Dean for Student Services and/or The Office of Public Safety may schedule a meeting with the accused student, witnesses and/or other persons involved in the incident. The meetings do not necessarily need to be in this order and, if necessary, more than one meeting can be held with any one person for fact gathering.
  4. The Assistant Dean for Student Services and/or The Office of Public Safety will determine, after investigation, if a Student Conduct Hearing  is warranted.
  5. If the Assistant Dean for Student Services believes the Complaint does not warrant further action after investigation, the matter will be closed. Such determinations are appropriate where the conduct under scrutiny does not violate the Code even if true and/or when there is insufficient evidence to support a reasonable belief that the Code has been violated. A determination to dismiss the Complaint after investigation should be made by the investigator after consultation and approval from The Assistant Dean for Student Services.

When Can an Interim Suspension or No Trespass Order Be Implemented?

At any time after a Complaint is filed, through the completion of an investigation and the subsequent hearing process, The Assistant Dean for Student Services or designee is authorized to place an Accused student on interim suspension and/or issue a no trespass order for all or part of campus. The reasons for such interim action may be to protect any potential threat to the physical or emotional safety and well-being of the Accused student(s) or the Complainant, to protect the integrity of the investigation process, pending the outcome of a psychological or medical assessment and/or for reasons relating to the safety and well-being of students, faculty, staff, or College property. In some cases, the accused student may be permitted to attend classes but suspended from all other campus activities.  

Voluntary Withdrawals:

Should the accused voluntarily withdraw from the College during the judicial process and/or the subsequent sanctioning period, The Assistant Dean for Student Services is authorized to place a “Dean of Students  Hold” on the accused student’s registration account. Re-enrollment will be subject to the approval of The Assistant Dean for Student Services or his or her designee. In cases involving crimes of violence, including sexual violence, should the accused withdraw from the College during the judicial process and/or the subsequent sanctioning period, the College will make a notation on the accused student’s transcript that they withdrew from the College with “conduct charges pending.”

In What Circumstances Can a No Contact Order Be Implemented?

The Assistant Dean for Student Services or designee may impose a limited or campus-wide No Contact Order between parties or witnesses to a Complaint when the fear of retaliation and/or harassment may be present and/or for reasons relating to the safety and well-being of students, faculty, and staff.

Specific instructions will accompany the No Contact Order outlining to all parties the expected behavior including any prohibitions on face-to-face contact, correspondence, email, instant message, telephone, or other communications. Friends and relatives may also be prohibited from contact on behalf of either party.

What Kind of Notice Will the Accused Receive Regarding a Complaint?

If The Assistant Dean for Student Services determines there is reasonable cause to believe that a violation of the Code has occurred, the Accused student will normally be notified in writing within ten (10) business days of receipt of the Complaint. The notification time may be longer if necessary to complete the investigation. This written Notice will include:

  1. The Complaint, including the date, the approximate time, and the location of the alleged incident, along with the identifying sections of the Code at issue and sanctions that may result;
  2. A copy of the Code and procedures applicable to the Complaint; and
  3. A statement that a Student Conduct Conference or Student Conduct Hearing has been scheduled.  
  1. Reporting Misconduct

  2. Any member of the campus community including faculty, staff, student, administration, or campus visitor may report misconduct.

  3. Retaliation against the person reporting the violation is strictly forbidden and will result in disciplinary action.

  4. 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 Assistant Dean will notify the student in writing of the charges within 7 and no more than 21 days from the original complaint.

  5. 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.

  6. Informal Process

  7. The Assistant Dean will convene a hearing with the student.

  8. The hearing will be between the accused student and the Assistant Dean only.

  9. The student shall have the right to plead his or her innocence and to present evidence to that end.

  10. The student shall have the right to accept the charges and any sanction, waving the right to a formal hearing.

  11. If a decision is made, the Assistant Dean will render a verbal decision and follow that with a written decision no later than five days thereafter.

  12. If the Assistant Dean and student cannot reach an agreement, the decision will be sent to a formal hearing board for review.

  13. Formal Process

  14. The Assistant Dean will conduct a hearing with an appointed board.

  15. The student shall have the right to plead his or her innocence, present evidence and witnesses to that end.

  16. 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. Legal counsel may not represent a student.

  17. The Assistant Dean and hearing board will render a verbal decision at the hearing or a written decision no later than five days thereafter.

  18. Warnings and Sanctions

  19. Warnings, if issued, will stipulate specific beginning and ending dates.

  20. Sanctions may be imposed by the Assistant Dean, Vice President or designee at the conclusion of an informal or formal hearing.

E. Expedient Authority

  1. 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.

  2. 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.

Appeals Procedure

  1. 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 Vice President, or the Vice President's designee.

  2. All such appeals must be in writing and filed within five business days of the notification of action, warning or sanction.

  3. 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.

  4. All appeals will receive a response within ten business days. The decision of the Vice President, Assistant, Dean, or designee shall be final. The student shall not have the right of an in-person appeal.

The student accused of a Student Code violation may appeal the decision for the following reasons only: A procedural error that unfairly and materially affected the outcome of the disciplinary hearing New evidence that would affect the outcome of the case has been discovered after the final hearing. If the student feels the sanction is too severe for the violation.

The SUNY Ulster Due Process and Hearing and Appeals Procedures for Students may also be viewed in the SUNY Ulster Board of Trustees Policy Manual here

* Due to COVID-19, Student Conduct Conferences may be offered in person or remotely based on Federal, State, County & Institutional Protocols. This applies to all of section E. Remote conferences will be conducted using Zoom/Google video conferencing as determined.

What Happens at a Student Conduct Conference?

In instances where the investigator and or The Assistant Dean for Student Services or designee determine that there is sufficient evidence to support a reasonable, good-faith belief that the Accused violated the Code of Conduct, The Assistant Dean for Student Services or designee may conduct a Student Conduct Conference with the Accused student. A hearing officer will be designated by The Assistant Dean for Student Services. At the Student Conduct Conference, the Accused student will:

  1. Be informed of the information provided to date by the complainant and other persons;

  2. Be given an opportunity to raise questions and discuss the information;

  3. Be given the opportunity to admit the allegations and accept responsibility for the violation(s);

  4. Be given the opportunity to deny the allegations; and

  5. Be informed of the Student Conduct Conference and Student Conduct Hearing Process and possible remedies and sanctions that may result.

As a result of the Student Conduct Conference, The Assistant Dean for Student Services or designee may:

  1. Dismiss the Complaint;

  2. Refer the Complaint to the appropriate administrative process within the College;

  3. Resolve the Complaint informally or impose a sanction that does not warrant a Disciplinary Suspension or permanent Dismissal/Expulsion.

  4. Require further investigation of the Complaint; or

  5. Determine that a Student Conduct Hearing is appropriate.

If further investigation of a Complaint is determined to be necessary after a Student Conduct Conference, the Accused student will be afforded another Student Conduct Conference at the conclusion of the investigation. Decisions as outlined above shall be made in writing to the Accused student and shall be sent to the Accused student within three (3) business days of the Student Conduct Conference.

How May A Student Appeal a Decision Made at the Student Conduct Conference?

If a sanction is imposed on an Accused student at a Student Conduct Conference and the student does not agree with the decision that was made at that Conference, the student has the right to appeal the decision to The Assistant Dean for Student Services, within (3) three business days of receipt of the decision letter. The decision of The Assistant Dean for Student Services is final. If the Assistant Dean for Student Services was the hearing officer for the Student Conduct Conference, the appeal will be referred to his or her designee. This decision of the designee will be final, with no appeal.   Decisions to dismiss the Complaint, refer the matter to another administrative process within the College, continue the investigation, impose of remedies/resolutions that do not result in sanctions against an accused student, and decisions to conduct a Student Conduct Hearing are not subject to appeal. Notice of the Student Conduct Conference Appeal process will be given in writing at the time of the decision imposing a sanction.

* Due to COVID-19, Student Conduct Hearings may be offered in person or remotely based on Federal, State, County & Institutional Protocols. This applies to all of section E. Remote conferences will be conducted using Zoom/Google video conferencing as determined.

What Kind of Notice of the Student Conduct Hearing Does an Accused Receive?

If it is determined that a Student Conduct Hearing is warranted notification will be provided by The Assistant Dean for Student Services to the Complainant and to the Accused student. Notice will be madeby hand delivery, email, and/or certified mail. Notices delivered to students of the College are considered presumptively delivered if delivered to the student’s email address that The Assistant Dean for Student Services has on record for the student. The notice will include:

  1. The name of the Complainant; or that the College will serve as the complainant;

  2. The nature of the Complaint, including the specific code sections alleged to have been violated, applicable conduct procedures and the sanctions that may result;

  3. The time and place of the hearing. All Student Conduct Hearings will be scheduled during the College’s regular business hours. (9 am – 4 pm);

  4. Notice of the right to have relevant witnesses;

  5. Notice of the right to present relevant information;

  6. The names of others who will be present at the hearing (if known), including the names of the hearing officers on the Hearing Panel; and

  7. Notice that a Document File compiled by The Assistant Dean for Student Services with statements from the Complainant, Accused student and Witnesses and any other documentary information will be available to the Accused student, the Complainant and their campus advisor for review at least three (3) days prior to the Student Conduct Hearing. An appointment is required to review the Document File.

What Happens at a Student Conduct Hearing?

  1. Student Conduct Hearings for violations of the Code are conducted by a three (3) person panel made up of trained faculty, students and staff from the College that are designated by The Assistant Dean for Student Services or designee. In most cases, the chair of the panel is a staff member or faculty member who has not had involvement in the taking of the Complaint or the investigative process. Student Conduct hearings are closed to all members of the campus and outside community except those directly involved with the Complaint. The Complainant and the Accused student each have the right to be assisted by a SUNY ULSTER campus advisor who is not a witness in the Complaint. The campus advisor must be a full-time SUNY ULSTER employee, who is acting in his or her role as a SUNY ULSTER employee. In cases of sexual misconduct, all students (the accused, the complainant(s), and the witnesses) have the right to be accompanied by an advisor of choice throughout the entire judicial process. All advisors who enter a hearing may be present to advise only; they may not participate directly in the hearing. Advisors who interfere with the proceedings can be excused by the hearing panel. An audio recording or a transcript of the hearing may be made and kept by The Assistant Dean for Student Services.

  2. Only persons involved in the hearing process will be permitted in the vicinity of the hearing. It is expected that participants and advisors will respect the dignity and privacy of College community members and keep private that which transpires during the hearing, in accordance with federal and state law. Student witnesses, when called by the College on behalf of the Complainant, the accused student, or the College, are required to participate in the hearing process. Generally, the hearing process will be conducted in the following manner:

  3. All participants and advisors will be introduced to the Hearing Panel;

  4. The Hearing Panel will recite the Complaint against the student and all code sections alleged to have been violated;

  5. The Accused student will state whether he or she is responsible, not responsible, or responsible with an explanation for the alleged misconduct. Responsible with an explanation means the student admits to the actions, but believes there were circumstances that should be taken into consideration by the Hearing Panel in the determination of the Complaint;

  6. Statements regarding their respective positions may be given by the Complainant and the Accused student. The Hearing Panel, through its Chair, may place reasonable time limitations on the statements.

  7. The College reserves the right to assign a representative of The Assistant Dean for Student Services and/ or a representative from The Office of Public Safety to present the Complaint against the accused student;

  8. Relevant records, documents, and written statements may be accepted and considered by the Hearing Panel; in cases of sexual misconduct, all parties have the right to exclude their own prior sexual history with persons other than the party in the judicial process or their own mental health diagnosis and/or treatment from admittance in the College disciplinary stage that determines responsibility.

  9. The Complainant and the Accused student may be present throughout the entirety of the proceeding, except for the deliberation phase;

  10. The Complainant, the Accused student and the representative from The Assistant Dean for Student Services or The Office of Public Safety will be able to present witnesses, who will be subject to cross examination;

  11. Witnesses will be asked to remain until the end of the hearing in the event they must be called back for clarification of their testimony;

  12. In the event that a witness is not available, a signed statement from the witness may be admitted. Any such statements will be shared with the parties prior to the hearing, and the accused student will be given full opportunity to respond to the written statement at the hearing;

  13. Witnesses will appear separately and will leave the hearing room after their testimony is completed. Witnesses are not permitted to leave the vicinity of the hearing room until permission has been granted by the Hearing Panel, and are instructed not to communicate with other witnesses outside the hearing during the proceedings.

  14. All parties may question each other and the witnesses, and the Hearing Panel may direct questions as appropriate to any participant;

  15. The Complainant and the Accused student may present concluding remarks. The Hearing Panel may place reasonable time limitations on the statements.

  16. At the conclusion of the hearing the Hearing Panel will advise the Complainant and the Accused student that their determination will be given, in writing, to The Assistant Dean for Student Services.

  17. The Accused student’s prior student conduct record will be a factor in determining the appropriate sanction(s) if a violation of the Code is found to have occurred. In cases of sexual misconduct, past findings of Domestic Violence, Dating Violence, Stalking, or Sexual Assault, are admissible in the sanctioning stage. The complainant will also have the opportunity to make a victim impact statement to the board when they are deliberating an appropriate sanction (s). The rules of evidence applicable to Federal, State and Local courts do not apply to Code proceedings at the College. Fair process applicable to this process is as defined in these procedures.

How Will the Accused be Notified of the Outcome of the Student Conduct Hearing?

Generally, the Accused student will be notified of the outcome of the hearing within ten (10) business days of the conclusion of the Student Conduct Hearing. For each separate offense, the Hearing Panel will determine whether the accused student is responsible or not responsible. The decision will be based upon an evaluation of the information presented and a determination as to whether the Code was more likely than not to have been violated. For each violation, the Assistant Dean for Student Services will impose an appropriate remedy and/or sanction.

How Will Students Who Alleged Code Violations be Notified of Outcomes?

The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. The Complainant will generally not be notified of the outcome of the hearing except in cases of violence or sexual misconduct involving the Complainant, once the decision of the the Assistant Dean for Student Services has been issued.

The legal exceptions are as follows:

  • Complainants in sexual misconduct and sexual harassment incidents have an absolute right to be informed of the outcome of the hearing and the rationale for sanction(s) imposed, in writing, without condition or limitation.

  • The College may also release publicly the name, nature of the violation and the sanction for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault; destruction, damage, or vandalism of property; and kidnapping and/or abduction. The College will also release this information to the complainant in any of these offenses, regardless of the outcome.

  • In cases of sexual misconduct, all the information obtained during the course of the judicial process will be protected from public release until the appeal process concludes, unless otherwise required by law. For all crimes of violence, including, but not limited to forcible and nonforcible sex offenses, a notation will be placed on the transcript of the student found responsible after a conduct process.

The transcript shall read: “SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION” OR “EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.” Notations will not be removed prior to one year after the conclusion of the suspension, while notations for expulsion shall not be removed.

To request that a transcript notation be removed after a suspension ends, a student must submit a written request to The Assistant Dean of Student Success; this request will be considered one year from the date of the suspension’s end. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

  1. Student Conduct Hearings for violations of the Code are conducted by a three (3) person panel made up of trained faculty, students and staff from the College that are designated by The Assistant Dean for Student Services or designee. In most cases, the chair of the panel is a staff member or faculty member who has not had involvement in the taking of the Complaint or the investigative process. Student Conduct hearings are closed to all members of the campus and outside community except those directly involved with the Complaint. The Complainant and the Accused student each have the right to be assisted by a SUNY ULSTER campus advisor who is not a witness in the Complaint. The campus advisor must be a full-time SUNY ULSTER employee, who is acting in his or her role as a SUNY ULSTER employee. In cases of sexual misconduct, all students (the accused, the complainant(s), and the witnesses) have the right to be accompanied by an advisor of choice throughout the entire judicial process. All advisors who enter a hearing may be present to advise only; they may not participate directly in the hearing. Advisors who interfere with the proceedings can be excused by the hearing panel. An audio recording or a transcript of the hearing may be made and kept by The Assistant Dean for Student Services.

  2. Only persons involved in the hearing process will be permitted in the vicinity of the hearing. It is expected that participants and advisors will respect the dignity and privacy of College community members and keep private that which transpires during the hearing, in accordance with federal and state law. Student witnesses, when called by the College on behalf of the Complainant, the accused student, or the College, are required to participate in the hearing process. Generally, the hearing process will be conducted in the following manner:

  3. All participants and advisors will be introduced to the Hearing Panel;

  4. The Hearing Panel will recite the Complaint against the student and all code sections alleged to have been violated;

  5. The Accused student will state whether he or she is responsible, not responsible, or responsible with an explanation for the alleged misconduct. Responsible with an explanation means the student admits to the actions, but believes there were circumstances that should be taken into consideration by the Hearing Panel in the determination of the Complaint;

  6. Statements regarding their respective positions may be given by the Complainant and the Accused student. The Hearing Panel, through its Chair, may place reasonable time limitations on the statements.

  7. The College reserves the right to assign a representative of The Assistant Dean for Student Services and/ or a representative from The Office of Public Safety to present the Complaint against the accused student;

  8. Relevant records, documents, and written statements may be accepted and considered by the Hearing Panel; in cases of sexual misconduct, all parties have the right to exclude their own prior sexual history with persons other than the party in the judicial process or their own mental health diagnosis and/or treatment from admittance in the College disciplinary stage that determines responsibility.

  9. The Complainant and the Accused student may be present throughout the entirety of the proceeding, except for the deliberation phase;

  10. The Complainant, the Accused student and the representative from The Assistant Dean for Student Services or The Office of Public Safety will be able to present witnesses, who will be subject to cross examination;

  11. Witnesses will be asked to remain until the end of the hearing in the event they must be called back for clarification of their testimony;

  12. In the event that a witness is not available, a signed statement from the witness may be admitted. Any such statements will be shared with the parties prior to the hearing, and the accused student will be given full opportunity to respond to the written statement at the hearing;

  13. Witnesses will appear separately and will leave the hearing room after their testimony is completed. Witnesses are not permitted to leave the vicinity of the hearing room until permission has been granted by the Hearing Panel, and are instructed not to communicate with other witnesses outside the hearing during the proceedings.

  14. All parties may question each other and the witnesses, and the Hearing Panel may direct questions as appropriate to any participant;

  15. The Complainant and the Accused student may present concluding remarks. The Hearing Panel may place reasonable time limitations on the statements.

  16. At the conclusion of the hearing the Hearing Panel will advise the Complainant and the Accused student that their determination will be given, in writing, to The Assistant Dean for Student Services.

  17. The Accused student’s prior student conduct record will be a factor in determining the appropriate sanction(s) if a violation of the Code is found to have occurred. In cases of sexual misconduct, past findings of Domestic Violence, Dating Violence, Stalking, or Sexual Assault, are admissible in the sanctioning stage. The complainant will also have the opportunity to make a victim impact statement to the board when they are deliberating an appropriate sanction (s). The rules of evidence applicable to Federal, State and Local courts do not apply to Code proceedings at the College. Fair process applicable to this process is as defined in these procedures.

How Will the Accused be Notified of the Outcome of the Student Conduct Hearing?

Generally, the Accused student will be notified of the outcome of the hearing within ten (10) business days of the conclusion of the Student Conduct Hearing. For each separate offense, the Hearing Panel will determine whether the accused student is responsible or not responsible. The decision will be based upon an evaluation of the information presented and a determination as to whether the Code was more likely than not to have been violated. For each violation, the Assistant Dean for Student Services will impose an appropriate remedy and/or sanction.

How Will Students Who Alleged Code Violations be Notified of Outcomes?

The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. The Complainant will generally not be notified of the outcome of the hearing except in cases of violence or sexual misconduct involving the Complainant, once the decision of the the Assistant Dean for Student Services has been issued.

The legal exceptions are as follows:

  • Complainants in sexual misconduct and sexual harassment incidents have an absolute right to be informed of the outcome of the hearing and the rationale for sanction(s) imposed, in writing, without condition or limitation.

  • The College may also release publicly the name, nature of the violation and the sanction for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault; destruction, damage, or vandalism of property; and kidnapping and/or abduction. The College will also release this information to the complainant in any of these offenses, regardless of the outcome.

  • In cases of sexual misconduct, all the information obtained during the course of the judicial process will be protected from public release until the appeal process concludes, unless otherwise required by law. For all crimes of violence, including, but not limited to forcible and nonforcible sex offenses, a notation will be placed on the transcript of the student found responsible after a conduct process.

The transcript shall read: “SUSPENDED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION” OR “EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR A CODE OF CONDUCT VIOLATION.” Notations will not be removed prior to one year after the conclusion of the suspension, while notations for expulsion shall not be removed.

To request that a transcript notation be removed after a suspension ends, a student must submit a written request to The Assistant Dean of Student Success; this request will be considered one year from the date of the suspension’s end. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.