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Student Code of Conduct

15.0 Code of Student Conduct, Rights & Responsibilities

It is hereby resolved that, pursuant to Section 356 of the Education Law of the State of New York (Regulations and Procedures for Maintaining Public Order on Campuses of the State of New York), the Council of the State University College of Technology at Canton adopts the following Code of Student Conduct, Rights and Responsibilities. A copy of the “Maintenance of Public Order” is on file in Vice President for Student Affairs Office and the front desk of Southworth Library.

Every student at The State University College of Technology at Canton is assumed to be a mature individual with the ability to accept academic and social responsibility. It is necessary that all students accept this responsibility and conduct themselves accordingly.

15.1 Article I: Definitions

These definitions are the standard throughout this document unless otherwise specified.

Appeal
To apply to a higher judicial body for a rehearing of a case.

Campus
The grounds and buildings, owned, rented or leased and used by the College in pursuit of its teaching, research, extracurricular and public service programs; the grounds and buildings owned by the College Association of the College and used for education, research or housing. Housing occupied by fraternities and/or sororities are subject to college rules and regulations.

College
The State University College of Technology at Canton, New York.

College Association
A not-for-profit corporation composed of students, faculty and staff as stated in the Bylaws of the Corporation, chartered by the NYS Education Department to provide auxiliary services to the College.

College Community
All members of faculty and staff (employed by SUNY or College Association),
Research Foundation, College Foundation and the student body.

Dean of Students
An administrative officer of the College responsible for the functional areas of Student Affairs.

Entry
To enter or gain access to a student room.

Faculty
All members of the professional staff that includes the non-teaching professional staff, who are employed for purposes other than classroom instruction.

Greek Council
A representative organization of all fraternities and sororities chartered by the Student Cooperative Alliance.

The Maintenance of Public Order Rules
A set of rules and regulations adopted by the SUNY Board of Trustees for the prevention and abatement of campus disorders initiated by or engaged in by students, faculty, other employees of the College, guests and/ or persons who enter the campus without authorization or invitation.

Organization
Any student club or group which is officially recognized by the College.

President
The chief administrative officer of the College.

Professional Staff
All members of the professional staff who are employed by the college for purposes other than classroom instruction.

Reasonable
Within the bounds of common sense. A standard used by courts to determine the “reasonableness” of conduct in question.

Review
To examine with an eye to criticism or correction.

Search
To examine in order to find something concealed.

Student
A person who is enrolled either full- or part-time in courses of study or programs offered by the College.

Student Cooperative Alliance
A student government organization composed entirely of student representatives elected and/or appointed in accordance with its Constitution and Bylaws.

Summary Action
A disciplinary process where the accused student and the judicial officer mutually agree to accept a disciplinary sanction being imposed by a college judicial officer in lieu of appearing before a disciplinary hearing board.

15.2 Article II: Bill Of Rights

1. The following enumeration of rights shall not be construed to deny or belittle other rights retained by students in their capacity as members of the student body or as citizens of the community at large:

  1. Free inquiry, expression and assembly are protected for all students. Discussion and expression of all views are permitted within the College, subject to the provisions of the Regulations and Procedures for Maintaining Public Order on Campuses of the State University, and to the legally recognized conditions placed upon the rights of free speech and expression.

  2. Students are free to pursue their educational goals; appropriate opportunities for learning in the classroom and on the campus shall be provided by the College.

  3. The right of students to be secure in their persons, residence hall, papers and effects against unreasonable searches and seizures is protected subject to the terms of the residence hall license.

  4. With the exception of an interim suspension that may be imposed
    as described in Article V, Section 6, no disciplinary sanction(s) that
    interferes with the student’s ability to continue the education process,
    may be imposed on any student(s) without notice to the accused of the nature and cause of the charges and a fair hearing complies with dueprocess requirements.

Access to Higher Education

2. Within the limits of its facilities, the College shall be open to all applicants who are qualified according to its admission requirements. The College shall make clear the characteristics and expectations of students that it considers relevant to its programs.

Expression

3. Discussion and expression of all views contributing to the understanding of the subject matter is permitted in the classroom, subject only to the responsibility of the instructor to maintain order.

  1. Students are responsible for learning the content of material assigned or discussed, for all courses in which they are enrolled.

  2. Requirements for participation in classroom discussion and submission
    of written exercises are not inconsistent with this section.

4. Academic evaluation of student performance shall be neither discriminatory nor arbitrary and capricious.

5. Support of any cause by orderly means which does not interrupt the operation of the College is permitted; subject to reasonable conditions may be imposed as to notification, time and place.

6. Students, groups, and campus organizations may invite and hear any person of their own choosing, subject only to the requirements for use of College facilities (Section 16) and the ability to meet all contractual obligations and in accordance with campus, local and State laws and regulations.

7. The College community will not impede the student’s opportunity to be interviewed by or otherwise to meet with potential employers whose hiring practices and business activities comply with Federal and New York State laws and regulations. This section shall not be so construed as to frustrate any other reasonable and necessary rules pertaining to job recruitment on the campus.

College Government

8. All constituents of the College community are free, individually and collectively, to express their views on issues of College policy and on matters of interest to the student body. The President shall provide clearly defined means for student expression on all College policies affecting academic and student affairs.

9. The role of the student government and its responsibilities shall be made explicit. There should be no review of student government actions except where review procedures are agreed upon in advance or clearly mandated by law or by SUNY regulation.

10. Where the College owns and/or operates residence halls, students shall significantly participate in the development of programs and policies directly and substantially affecting their personal lives, including the imposition of sanctions for violations of stated norms of conduct, except that the College may direct minimal standards to insure compliance with all Federal, State and local laws, and regulations of the State University of New York.

11. On questions of educational policy, students are entitled to a participatory function.

  1. Faculty-student committees shall be created to consider questions of and to make recommendations concerning policy directly affecting student life.

  2. Students shall be designated as members of standing and special advisory committees concerned with College policy affecting academic and student affairs, including those concerned with curriculum, discipline, admissions, and allocating of student funds.

    This section shall not be construed as a limitation on students’ rights to be members of committees serving a function other than advisory whenever such membership is permitted under the Policies of the Board of Trustees, Regents Regulations, or the laws or regulations of the State of New York.

Campus Organizations

Sections 12-18 that primarily concern organizations recognized by SCA are intended to complement the policies, procedures, and rules of the College that concern organizations and groups, not so recognized.

12. Organizations and groups may be established within the College for any legal purpose. Subject to regulations of the State University of New York, affiliation with an extramural organization shall not, in itself, disqualify the College branch or chapter from College privileges.

13. A student group shall become an organization when formally recognized by SGA.

  1. All student groups that meet the following requirements shall be recognized:

    1. Submission of a list of officers and copies of the constitution and by-laws to the appropriate SGA official or body. All changes and amendments shall be submitted within one week after they become effective.

    2. Where there is affiliation with an external organization, that organization’s constitution and by-laws shall be filed with the appropriate SGA official or body. All proposed amendments shall be submitted at least 14 days prior to their becoming effective.

    3. All sources of outside funding shall be disclosed.

  2. Upon recognition of an organization, the SGA shall make clear that said recognition infers neither approval nor disapproval of the aims, objectives, and policies of the organization.

  3. Any organization or group that engages in activities in violation of the law or the policies, procedures and rules of the College on or off campus, may have sanctions imposed against it, including withdrawal of SGA recognition and the denial of privileges afforded to organizations or groups.

14. Membership in all SGA-recognized organizations within the limits of College facilities shall be open to any student of the College who is willing to subscribe to the stated aims and to meet the stated obligations of the organizations.

15. Names and addresses of officers and advisors are required as a condition of access to the College or SGA funds.

16. College facilities may be utilized by organizations and groups within the College community for regular business meetings, social programs, and programs open to the public.

  1. Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of the space assigned, to regulate time and use, and to insure proper maintenance.

  2. Preference may be given to programs designed for audiences consisting primarily of members of the College community.

  3. Allocation of space shall be made based on priority of requests and the demonstrated needs of the organization or group.

  4. The College may delegate the reservation function to an administrative official or to another employee(s).

  5. Charges may be imposed for any unusual costs for use of facilities.

  6. Physical abuse of assigned or reserved facilities shall result in reasonable limitations on future allocations of space to offending parties, and restitution for damages. Organizations shall be secondarily liable for damages occasioned by the physical abuse of the facilities during use of such by their organization. Primary liability rests with the individual(s) who caused the damage.

  7. The group or organization requesting space must inform the College of the general purpose of any meeting open to persons other than the organization’s members and the names of outside speakers must be provided.

17. The collection, appropriation and disbursement of student activity fees must conform to the existing policies of the State University Board of Trustees. The Student Cooperative Alliance shall prepare and recommend a budget for the expenditure of such fees. This budget must be submitted to, and approved by, the President or his/her designee for his/ her review and determination that the allocations are in compliance with the policies and procedures which govern the use of these fees before such monies are disbursed.

18. In accordance with the Board of Trustees’ Resolution and accompanying guidelines issued by the Office of the Chancellor, dated May 31, 1967, the following regulations concerning the use of the name of the University and the College are in effect:

  1. No student shall indicate having a relationship with the College or University beyond that of his or her officially enrolled status.

  2. Student organizations and individual students may indicate on their letterhead that they are located at the State University of New York College at Canton. In no way shall letterheads or correspondence imply that a group or an individual has the authority to act in the name of the College or the University, or in any way make binding commitments on the College or University.

  3. Announcements, letters, bulletins, posters, etc., promoting or describing an event, meeting, program, etc., or stating a position, point of view or concern must clearly indicate the sponsoring or posting organization(s).

Publications

19. All written material shall clearly identify its origin (student or organization) and the stamp of posting approval from the Student Activities Office prior to posting.

20. The student press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administrative, alumni, or community disapproval of editorial policy or editorial content. Similar freedom is assured oral statements of views on a College controlled and student-operated radio or television station. Editorial freedom entails a corollary obligation under the canons of responsible journalism and applicable regulations of the Federal Communications Commission.

21. All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the College or its student body.

Privacy

22. College officials may enter a student room in a residence hall without prior notification to determine compliance with Federal, State, and local law, and College policies, procedures, and rules where there is reasonable cause to believe that a violation has occurred or is occurring.

23. Generally, except where conduct limits the College’s pursuit of its educational objectives, no inquiry is permitted into the lawful activities of students away from the campus.

24. When the College seeks access to a student room in a residence hall to determine compliance with provision of applicable multiple-dwelling unit laws or for improvement or repairs, the occupant shall be notified of such action not less than 24 hours in advance. There may be entry without notice in emergencies where imminent danger to life, safety, health, or property is reasonably feared or where a diligent effort has been made to notify the student resident and entry is made in the course of management duties; in such cases, the College shall notify the student that entry into his/her room has been made, and reason(s) therefore shall be stated in such notice.

25. The privacy and confidentiality of all student records shall be preserved as governed by FERPA other applicable state and federal laws.

15.3 Article III: Statement of Student’s Responsibilities

Students enrolled at SUNY Canton possess specific individual and group rights and responsibilities which serve to guide campus personnel in making decisions concerning academics, student welfare and behavior. The following statements define expectations regarding these rights and responsibilities. Each resident has the right to engage in activities that are a part of college life. However, these rights carry with them reciprocal responsibilities on the part of the individual to insure these same rights for other members of the campus community.

Students Have the Responsibility . . .

1. To respect the rights of others, as stated above.

2. To adhere to campus rules and regulations.

3. To comply with reasonable requests made by campus officials.

4. To meet expected campus payment schedules.

5. To monitor and accept responsibility for behavior of guests.

6. To report violations of rules and regulations to appropriate staff.

7. To participate actively in campus and self governance.

8. To participate in campus committees as requested.

9. To participate in judicial proceedings to determine appropriate standards of behavior.

10. To contribute positively to the campus community by participating in educational and developmental activities.

15.4 Article IV: Prohibited Conduct

College discipline shall be limited to conduct by a student occurring on campus, or at events sponsored by the College, or at events sponsored by recognized student organizations and student groups as described in the Code of Student Rights, Responsibility and Conduct (Article III, Sec. 1-10), and to conduct occurring off campus by a student which may adversely affect the College. Violations of any of the following provisions are subject to disciplinary action and may result in the imposition of one or more sanctions listed in Article V. (Please note that the Regulations and Procedures for Maintaining Public Order on Campuses of the State University of New York also includes prohibited conduct that may be dealt with under the disciplinary procedures of the Regulations.) When the Code and the Regulations overlap, the procedures in the Code will be followed.

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

1. AFFILIATION - Any student who becomes involved or continues involve- ment with a student club or organization which SUNY Canton has suspended, expelled or removed its recognition may be subject to disciplinary action by the College. In addition, any student who becomes a member and/or participant of an organization or loosely knit unit which gives the impression it is a SUNY Canton club/organization by using the College's name, logo or recruits SUNY Canton students may also be subject to disciplinary action from the College. Disciplinary action may range from a verbal warning through full suspension from the College.

2. ALCOHOL

  1. Use or possession of alcoholic beverages except as expressly permitted by law, College regulations; and/or public intoxication;

  2. Distribution of alcoholic beverages except as expressly permitted by law and College regulations and permission to serve alcohol must be obtained by application to the Alcohol Review Board, Faculty Office Building 604.

3. ALTERING A STUDENT’S REGISTRATION OR STUDENT DATA - Any student who, for purposes of fraud or misrepresentation, falsifies, forges, defaces, alters, or mutilates in any manner any official College document or representation thereof.

4. AMPLIFICATION - Use of amplification/ audiovisual equipment in any of the reservation facilities must receive advance approval from the Student Activities Office and, if granted, must not interfere with any public, office, library, classroom, or other College function. Requests for reduction in volume by faculty/staff and/or designee must be complied with upon notification.

5. ARSON - A person is liable if, by any act, he or she commits arson by causing a fire or explosion on any College building or property.

6. ASSAULT - A person is guilty of assault when he or she slaps, kicks, shoves, or otherwise strikes another person.

7. ATTEMPT - A person is guilty of an attempt to violate the Student Rules and Regulations, or to commit a crime, when he or she, with intent to violate or commit same, engages in conduct which tends to effect the violation of such student rule or regulation or the commission of such crime.

8. BICYCLING, SKATEBOARDING, ROLLERBLADING - Prohibited operation includes:

  1. operation in any College building or facility;
  2. operation in a reckless or unsafe manner.

9.BULLYING - Systematically and chronically inflicting physical hurt or psychological distress on one or more individuals. It is further defined as unwanted purposeful written, verbal, non-verbal or physical behavior including, but not limited to, any threatening, insulting, or dehumanizing gesture by a student that has the potential to create an intimidating, hostile, or offensive educational/living environment or causes long-term damage, discomfort or humiliation; or to unreasonably in- terfere with another individual's school performance or participation; is carried out repeatedly; and is often characterized by an imbalance of power.

Bullying may involve, but is not limited to:

  1. Unwanted teasing
  2. Threatening
  3. Intimidating
  4. Stalking
  5. Cyber-stalking
  6. Cyber-bullying
  7. Physical violence
  8. Theft
  9. Sexual, religious, or racial harassment
  10. Public humiliation
  11. Destruction of school or personal property
  12. Social exclusion, including incitement and/or coercion
  13. Rumors or spreading of falsehoods

10. COLLEGE GROUNDS - Use of College space and grounds by an organization or person without reservation of the space or proper authorization.

11. COMPLICITY - A person is guilty of complicity when he or she aids, helps or otherwise assists another in violating any rule applicable to the College

12. COMPUTER ABUSE - Theft or other abuse of computer time, including but not limited to:

  1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose;
  2. Unauthorized transfer of a file;
  3. Use of another individual’s identification and password;
  4. Use of computing facilities to interfere with the work of another student, faculty member or College Official;
  5. Use of computing facilities and e-mail to send obscene or abusive messages;
  6. Use of computing facilities to interfere with normal operation of the College computing system;
  7. Any and all computer violations caused by individual using another student’s identification or password are the responsibility of the person who actually commits the violation and the owner of the identification password. Students must take steps to insure that no other individual has access to their computers or College computer account.

All provisions of Article 156 of the NYS Penal Law (Offenses Involving Computers) apply at SUNY Canton.

13. CONVERSION - A person is guilty of conversion when he or she, after having lawfully obtained possession of the property of another, wrongfully transfers, detains, substantially changes, damages, destroys, or misuses the property without the permission of the owner.

14. DEMONSTRATIONS - Participa- tion in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt schedules and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement.

15. DESTRUCTION OF PROPERTY - A person is guilty of destruction of property when he or she:

  1. destroys, defaces, materially alters or otherwise damages property not his or her own; or

  2. creates a condition which endangers or threatens property not his or her own.

16. DISCRIMINATION - Based on race, gender, age, sexual orientation, religion, disability or veteran status.

17. DISHONESTY - Acts of dishonesty, including but not limited to the following:

  1. Cheating, plagiarism, or other forms of academic dishonesty;

  2. Furnishing false information to any College official, faculty member, employee or office

  3. Forgery, alteration, or misuse of any College or official document, record, or instrument of identification (e.g., driver’s licenses and passports)

  4. Tampering with the election of any College recognized student organization.

18. DISORDERLY CONDUCT - Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College.

19. DISRUPTION - Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its publicservice functions on or off campus, or other authorized non-College activities, when the act occurs on College premises. The College reserves the right to determine where cases of disruption of public order should be referred.

20. DOORS-TAMPERING - Disablement of a locking mechanism or blocking open a door intended to be closed and locked.

21. FALSE REPORTING - A person is guilty of falsely reporting an incident when he or she conveys information known to be false or without basis to any College official, faculty member, or employee.

22. FALSIFYING COLLEGE APPLICATION CREDENTIALS - Students found to have knowingly falsified application information are subject to immediate dismissal from the College.

23. FALSIFYING GRADE CHANGES - In addition to any sanctions which may be imposed by an academic dean, other penalties may be assessed as a result of a judiciary hearing or plea agreement.

24. FALSIFYING GRADES - A person is guilty of falsifying grades when he or she:

  1. submits a falsified universal grade change form to the college; or
  2. submits false grade information of any sort to a College office or department, employer, academic institution, etc.
  3. alters any academic coursework and/ or examinations so as to unjustly affect the grade awarded to that assignment.

25. FIRE - Fire alarms and fire fighting equipment, including but not limited to fire extinguishers, fire hoses, heat and smoke detectors, and sprinkler systems, are for the protection of building occupants. Any tampering with or misuse of this equipment is prohibited and may be punishable in the College judicial system and in the appropriate civil and/ or criminal courts. Any time a fire alarm is activated, all people are required to follow the evacuation procedures for their particular building. Occupants must comply with the requests of Residence Life Staff, University Police personnel, or emergency personnel. Any violations will be referred to the appropriate college and/or civil judiciary.

26. HARASSMENT - A person is guilty of harassment when he or she:

  1. threatens or intimidates a person creating a rational fear within that person; or
  2. engages in a course of conduct or repeatedly commits acts directed at another person which would seriously annoy a rational person; or
  3. creates a condition which endangers or threatens the health, safety or welfare of another person; or
  4. physically restrains or detains any other person, or removes any person from any place where he or she is authorized to remain.

27. HAZING - Hazing, defined as an act which endangers the mental or physical 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

28. I.D. CARD/KEYS/ACCESS CARDS - Unauthorized possession, duplication or use of keys/cards to any College premises or unauthorized entry to use of College premises. Upon request by a college official, these items must be turned over to the requesting individual.

29. IMPAIRED DRIVING - Operating a motor vehicle while under the influence of drugs or alcohol including but not limited to:

  1. operating a motor vehicle while his/ her ability to do so is impaired by the improper or illegal use of drugs or the consumption of alcohol; or
  2. operating a motor vehicle while in an intoxicated condition.

30. JUDICIAL SYSTEM - Abuse of the Judicial System, including but not limited to:

  1. Failure to obey the summons of a judicial body or College official;
  2. Falsification, distortion, or misrepresentation of information before a judicial body;
  3. Disruption or interference with the orderly conduct of a judicial proceeding;
  4. Institution of a judicial proceeding knowingly without cause;
  5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system;
  6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding;
  7. Harassment (verbal or physical) and/ or intimidation of a member of a judicial body prior to, during, and/ or after a judicial proceeding;
  8. Failure to comply with the sanction(s) imposed under the Student Code;
  9. Influencing or attempting to influence another person to commit an abuse of the judicial system.

31. LAWS - Violation of federal, state or local law shall be a violation of College Conduct Rules and Regulations. A finding of a violation under this rule does not require proof of a conviction in any non-campus legal proceeding.

32. LEAVING THE SCENE - attempting to flee or unlawfully leaving the area of an accident, crime, or College violation (and/or areas of potential accidents, crimes, or violations). This includes fleeing an area to avoid being questioned, apprehended and/or detained by College officials, faculty members, or employees and/or law enforcement officers.

33. MISREPRESENTATION - A person is guilty of misrepresentation when he or she knowingly perverts the truth for personal gain or favor.

34. MISUSE OF COLLEGE SUPPLIES OR DOCUMENTS - A person is guilty of misuse of College supplies and documents when he or she forges, alters, uses without authority, receives without authority, or possesses without authority any College supplies or documents. (College supplies and documents include, but are not limited to, the following: supplies, equipment, keys, records, files, documents, all forms of computer data, and other materials.)

34. PHYSICAL VIOLENCE - Physical violence or abuse (including acquaintance rape), verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.

35. POSSESSION - A person is guilty of possession when he or she knowingly obtains property, (including abandoned property), without the explicit authorization of the rightful owner.

37. REASONABLE REQUEST OF A COLLEGE OFFICIAL - A person is guilty of failure to comply when he or she, knowing or having reason to know that the requesting person is a College official, fails to comply with a reasonable request. For the purpose of this section, a College official shall include, but not be limited to, an individual instructing a class, a librarian or designee in a library, a University Police Officer, and any Resident Assistant, Residence Hall Director or student employee, and members of the College staff carrying out their duties and responsibilities.

38. RULES - Violation of published College policies, rules, or regulations.

38. SELF-DEFENSE SPRAY - Considered physical assault when circumstances do not justify the use of such a device. Other forms of misuse include dispensing for the purpose of disruption of College operations or events.

40. SEXUAL HARASSMENT - A person is guilty of sexual harassment when his or her behavior is contrary to College policy as described below: (based on Equal Employment Opportunity Commission and Office of Civil Rights regulations) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harrassment when:

  1. Submission to or enduring such conduct when rejection is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other College activity; or
  2. Submission to, or rejection of, such conduct by an individual used as the basis for making academic or personnel decisions affecting an individual;
    or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive College environment.

41. SMOKING - Prohibited in all College owned and operated buildings, doorway areas, loading docks, and outdoor areas, and in all vehicles owned and operated by the College unless the area has been officially designated as a smoking area (see Residence Hall regulations also).

42. STALKING - Repeated coercive acts or offenses which taken singly may be non-threatening, but collectively instill a fear of physical injury or harm. Such a pattern may involve, but is not limited to, the following: phone calls, physical and/or verbal confrontations, breaking and entering (cars, apartments, lockers, etc.), vandalizing, the purpose of which is to attempt to manipulate or control another person.

43. SUBSTANCES - Use, possession or distribution of narcotic or other controlled substances and/or related paraphernalia except as expressly permitted by law.

44. THEFT - A person is guilty of theft when he or she, knowing property not to be his or her own, takes such property for his or her own use, pleasure, or possession; and, theft of services.

45. TRAFFIC - Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.

46. TRESPASS/UNAUTHORIZED ENTRY - A person knowingly enters or remains unlawfully in a building, office, residence hall room or any other properties of the college at any time without permission or authorization.

47. WEAPONS - Illegal or unauthorized possession of firearms (including “BB” guns), explosives, other weapons (including knives), or dangerous chemicals on College premises.

15.5 Article V: Sanctions

The following sanctions may be imposed upon students or organizations.

1. Admonition: Written warning that continuation or repetition of misconduct may result in further disciplinary action.

2. Community Service: The student as part of their sanction may be assigned a community service project which is unpaid work that benefits the College community. The Dean of Students or the Dean’s designee will monitor performance of the community service. Failure to complete the assigned community service within the specified period of time will result in an appearance before the original sanctioning body/person and may result in an increased assignment and/or additional sanctions.

3. Disciplinary Probation: Letter of probation placed on file in the Office of the Dean of Students indicating that future violations may result in suspension or dismissal from the College. Students/organizations may also be suspended from specified College activities, areas and/ or functions that do not relate directly to the student’s academic program.

4. Dismissal from the College: Permanent termination of student status at SUNY Canton or withdrawal of official college recognition of an organization. Dismissals will be noted on student’s permanent record.

5. Exclusion from Dining Hall: Loss of dining privileges for a specified period
of time.

6. Interim Suspension: While normally no action will be taken against a student/ organization until charges have been heard in accordance with the hearing process established under the Code, a student/organization may be suspended pending a hearing on the charges whenever, in the judgment of the President or the President’s designee, the continued presence of the student/organization would constitute a clear danger to the student or to the safety of persons or property on College premises, or would pose an immediate threat of disruptive interference with the normal conduct of College activities.

7. Loss of Parking Privileges on the Campus

8. Residence Hall Probation: Letter of warning is placed on file in the Residence Life Office and the Office of Dean of Students that any further violations of the Code of Student Conduct could result in loss of campus housing privileges including the loss of priority selection of room and/or residence hall for the following year.

9. Restitution: Reimbursement for damages to or misappropriation of property.

10. Sanctions Against College-Recognized Organizations: The following sanctions may be imposed on college recognized organizations: admonition, community service, disciplinary probation, dismissal from college, interim suspension, loss of use of college facilities or equipment, restitution, and/or suspension from the college. Greek Council Hearing Board can also impose a monetary penalty against Greek Organizations.

11. Suspension from College: Termination of student/official organization status for a definite period of time. Suspensions will be noted on student’s permanent record.

12. Suspension from Residence Hall: Loss of the privilege of living in College
residence halls. The imposition of this sanction may include exclusion of the
offender from all residence hall facilities and activities for the same period as the revocation of license.

Note: Failure to satisfactorily complete a disciplinary sanction within the prescribed time frame may result in suspension from college for a minimum of one semester. The suspension would be recorded on the academic transcript.

15.6 Article VI: Adjudication

Every student has the right to appear before a judicial hearing board if they choose to exercise it. Students may also elect to be adjudicated through summary action. In this case the accused party and the adjudicating judicial officer can come to agreement on the violation of the Code of Student Conduct and an appropriate disciplinary sanction. The agreed-upon disciplinary action is written up and both parties sign agreeing to the resolution. In so doing, the offender is relinquishing all rights to appeal once the summary action form is signed. Another form of summary action allows the Dean of Students to summarily impose a disciplinary action upon a student or group of students with neither their agreement nor a judicial hearing. The student’s right of appeal remains intact and may be exercised within the same timeline and manner as outlined for other appeals of judicial action.


15.7 Article VII: Disciplinary

1. Student Faculty Hearing Board

The Student Faculty Hearing Board shall be constituted as follows:

  1. Students - two student members to be appointed by SCA. They are appointed for a one-year term; one will be assigned or selected by the chairperson for each hearing as available. Students must be full-time matriculated students, must have cumulative honor point indexes of not less than 2.00, except for first semester freshmen, and must not have incurred a penalty for campus misconduct other than admonition, or have been convicted of an offense other than a traffic violation while members of the student body.

  2. Faculty - two members of the faculty elected by the Faculty Assembly. The terms of appointment should be staggered. Each will serve a two-year term; one will be assigned or selected by the chairperson for each hearing as available. The faculty members must be employees who must have worked at the College for at least one year and have not been convicted of an offense other than a traffic violation while members of the faculty.

  3. Administration - two members of the non-teaching professional staff, one of which is assigned to each hearing as available and will serve as the chair of the Board for that hearing. They are selected by the College President for three-year terms and the terms should be staggered. The professionals must be employees who have worked at the College for at least one year and may not have been convicted of an offense other than a traffic violation while members of the professional staff. The chair votes only to break a tie. The chair is responsible for selecting hearing board members from the pool and mutually sets the hearing date and time with the Dean of Students. The Student Faculty Hearing Board, by two-thirds vote of all members, may remove any student member from office for just cause, in accordance with committee due process. If a student representative is removed from office, the vacancy shall be filled in the same manner as the original office holder. The Student Faculty Hearing Board has the following powers and duties:
    1. It acts as a hearing body of first jurisdiction at the request of the President or his/her designee in cases where the safety of persons or property of the College community is believed to have been threatened.
    2. It acts as an appeals body and must review all decisions imposed by lower boards (except Greek Council Hearing Board) when requested to do so in writing. A formal hearing to review lower board decisions may be requested by the accused student(s)/organization(s) or the Dean of Students.
    3. It has general supervision over all lower boards and may remove, after review, any of its members if it finds that the board or any of its members is not properly performing his/her duties.
    4. The Student Faculty Hearing Board has the authority to impose all the sanctions listed in Article V. Only suspension or dismissal (Article V, Sec. 4 & 11) is subject to review by the President.
    5. In cases where the Student Faculty Hearing Board serves as the hearing body of first jurisdiction, appeals are made to the College President. In appeal cases heard by the Student Faculty Hearing Board, their decision is final except when suspension or dismissal from college is involved.

2. Maintenance of Public Order Hearing Committee

There shall be a committee to hear cases of alleged violations of the Maintenance of Public Order consisting of three members of the administrative staff and three faculty appointed by the College President and three students who shall be designated by the members named by the College President. The recommendations of the Maintenance of Public Order Hearing Committee are subject to review by the President. Copies of the Rules and Regulations for Maintenance of Public Order may be obtained from the University Police Department and the Office of the Dean of Students.

3. SCA Student Hearing Board

It is composed of students selected in accordance with the Constitution and Bylaws of the Student Cooperative Alliance. It acts as a Board of first jurisdiction cases involving organizations that do not come under the jurisdiction of the Student Faculty Board, and as an Appeals Board in cases that fall under the jurisdiction of the Greek Council Hearing Board.

4. Residence Hall Judicial Board

There shall be a standing central Residence Hall Judicial Board composed of five students, one from each of the residence halls elected by their respective Residence Hall Council and one resident assistant elected by the resident assistants with the Inter-Residence Hall Council President (or designee) serving as chairperson. This Residence Hall Judicial Board will provide resident students with an opportunity to have cases presented before their peers, thus giving residents a greater degree of autonomy and “hands-on” judicial experience in communal living. Resident students may elect to go before the Judicial Board or waive their right to appear before the Board and accept summary action from the Judicial Officer (usually the RHD) handling the case. The Judicial Officer can also elect to present a case to the Judicial Board even if it is against the wishes of the student being charged.

In accordance with the Code of Student Conduct, appeals of the Residence Hall Judicial Board’s decision(s) will be heard by the Dean of Students except when suspension or dismissal from the college are involved in which cases those are appealed to the college President.

The RHJB has the authority to impose all the official sanctions listed in Article V except dismissal or suspension from the College in which case they may recommend to the Dean of Students dismissal or suspension from the College.

5. Greek Council Hearing Board

It is composed of officers of the fraternities and sororities in accordance with the Greek Council Constitution. It acts as a Board in cases brought against a fraternity or sorority except when the safety or welfare of the College community has been threatened, or the Maintenance of Public Order has been violated. It also acts as a Board of Appeals in cases brought against any member of a fraternity or sorority by a fraternity or sorority for violation of fraternity or sorority rules.

Appeals of the Greek Council Hearing Board’s decision(s) are made to the SGA Hearing Board. Their decision is final.

6. The Campus Parking Violations Appeals Board

The Chief Administrative Officer (President) shall designate a hearing officer
or board not to exceed six persons to hear complaints for violation of campus traffic and parking regulations enforceable on campus. Such hearing officer or board shall not be bound by the rules of evidence but may hear or receive any testimony or evidence directly relevant and material to the issues presented.

The Board will be comprised of a panel of six persons as follows:

Two students

Two faculty

Two classified staff

Any three persons, one from each constituency, shall constitute a quorum to hear appeals.

15.8 Article VIII: Responsibilities Of

1. The President/acting President shall review all recommendations of the Maintenance of Public Order Hearing Committee and Student Faculty Hearing Board recommendations of suspension or dismissal from the College (Article V, Sec. 4 & 11). Before reaching a decision, the President/ acting President may consult with the appropriate person(s) or parties. The President or his/her designee may summarily suspend a student/organization pending a hearing if the student/ organization (Article V, Sec. 6) is believed to constitute a clear and present danger to the safety of persons or property of the academic community. The President or his/her designee shall allow the accused student/organization an immediate explanation in writing with respect to such suspension.

2. The Dean of Students or the Dean’s designee has the following responsibilities:

  1. Review and determine if sufficient evidence exists to charge the accused;
  2. Inform the accused of his/her rights;
  3. Notify the accused in writing of the nature of the charge(s);
  4. Notify the accused of the time and place of the hearing and the board
    before which the hearing will be held;
  5. Set the hearing date and present cases before appropriate disciplinary
    hearing body;
  6. Coordinate the follow-up to ensure that the sanction is carried out.

Sanctions may be imposed by summary action under the following conditions when the individual(s)/organization waive the right to a formal hearing (as specified in this Code.) After giving written consent, a student/organization may not appeal such sanctions to any judicial board.

15.9 Article IX: Procedures For

For all Campus Judicial Boards:

1. Charges of alleged misconduct (under Article IV) may be brought against any student or organization.

2. Before a student’s/organization’s case is presented before a campus Judicial Board (except when the Maintenance of Public Order Committee has jurisdiction), the procedures below must be followed: A student/organization must be:

  1. Given written notice of the charges and all written statements expected
    to be used during the hearing;
  2. Notified of the right to obtain an advisor and the right to refuse to
    answer questions;
  3. Notified of the time and place of the hearing and given at least four
    calendar days from the time the student receives the packet containing
    all the statements expected to be used during the hearing to prepare
    a defense. The student/organization may waive, in writing, the right to a four-calendar day waiting period.

3. The College recommends that all students and organizations adhere to the following procedures:

  1. Take four calendar days to prepare their defense; and
  2. Bring an advisor with them to the hearing. Advisor may be interpreted
    as any member of the campus community who can assist in the preparation of his/her case. The advisor may attend the hearing with the accused to offer support and guidance to the accused student but may not address the judicial board or speak on the student’s behalf.

4. A student/organization who fails to appear before the judicial board as requested forfeits the opportunity to present their case to the board. The hearing will be conducted as scheduled and the judicial board will act on information, material, and testimony presented to the board.

5. A hearing body shall not be bound by the strict, technical rules of judicial evidence, but may hear or receive any testimony or evidence which is relevant to the charges and will contribute to the rendering of an impartial and fair judgment by the hearing board. The hearing body shall have the right to consider a signed statement of a witness without such witness being present at the hearing, provided the statement is not the sole basis for the charge(s). The hearing body should also acknowledge that the accused no longer has the opportunity to question the witness.

The accused shall have the right to cross-examine witnesses who appear at the hearing, have full access to signed statements of witnesses who do not appear and may present witnesses and signed statements on his/her own behalf.

6. A simple majority vote of the voting members present is sufficient to decide issues.

7. A record of the proceedings and decisions shall be kept.

8. Quorum: A simple majority of a judicial board’s voting members is necessary to conduct a hearing.

9. Adjournments: The chairperson shall have the authority to adjourn or postpone hearings if, in his/her opinion, extenuating circumstances are justifiably raised by the accused student(s), the Dean of Students or designee or individual judicial board members. Requests for such adjournments must be made in writing with justification at least 24 hours before the scheduled hearing.

10. Appeals of a decision of the campus judicial process shall be directed in writing by the respondent to the ap- propriate appeals board or the judicial officer (see Article VI) within four class days of the respondent's receipt of the written decision. The appeal must specify the reason for the appeal. Basis for an appeal are failure to follow due process requirements, insufficient or new evidence and/or review the ap- propriateness of the sanction.

An appeal review is based on the record of the original hearing. However, if there seems to be a possibility of new evidence or additional information, this is investigated and, if substantial and relevant, is taken into consideration. The reviewing body/officer may modify the sanction or request a new hearing be held.

This appeal is final within the campus judicial system.

11. Emergency Hearing Committee: Whenever the College is in recess and extenuating circumstances require an emergency hearing, the chairman shall convene an Emergency Hearing Committee as follows: chairman; any member of the teaching faculty; any full-time student. The Chairman of the Student Faculty Hearing Board and the Dean of Students (or designee) shall determine when the emergency hearing procedure should be invoked. All of the people must meet the membership criteria as specified in Article VII.

15.91 SUNY Board of Trustees - Rules for the Maintenance of

Part 535 of TITLE 8, Official Compilation of Codes, Rules and Regulations of the State of New York - Copies of this portion of the Official Compilation are available for review at the Southworth Library circulations desk and at the Office of the Dean of Students.