30.4.0 Behavioral Expectations & Acts of Violence
The State University of New York at Canton is committed to creating and maintaining a learning, working, and social environment for all students and staff that is free from violence. The premise on which this program is built is that acts of violence will be met with strong disciplinary action and will not be tolerated. There is a need to send both a consistent and strong message that violence will not be tolerated. We also have a responsibility to identify those who may have a problem and assist them in obtaining professional help.
Civility, understanding, and mutual respect toward all individuals are intrinsic to excellence in teaching and learning, to the existence of a safe and healthy workplace, and to the maintenance of a campus culture and environment that serves the needs of the constituencies supporting it.
30.4.1 Acts Of Violence
The College will not tolerate acts of violence towards other students, staff, community members, or visitors.
Any student who is involved in an act of violence on campus may be immediately placed on Interim Suspension pending the outcome of a hearing before the Student Faculty Hearing Board if deemed appropriate by the Vice President for Student Affairs. If the individual(s) are found to have committed an act of violence, thus a violation of the Code of Student Conduct, it could result in sanctions up to and including suspension from College for the balance of the current semester or subsequent semesters as appropriate with no special refunds.
For the purpose of this Policy, violence and threats of violence include but are not limited to:
- Any act that is physically assaultive, or
- Any physical or verbal threat, behavior or action which is interpreted by a reasonable person to carry the potential to
- harm or endanger the safety of others;
- result in an act of aggression; or
- maliciously destroy or damage property, or
- Hazing
30.4.2 Policy for Students Found Responsible for Rape
Purpose: SUNY Canton is committed to maintaining an environment free from sexual violence and does not tolerate sexual violence of any kind. Rape is a form of sexual violence that is egregious and warrants severe sanctions for the perpetrators of such violence. This Policy sets forth the mandatory minimum sanctions for students who have been found responsible through the student conduct process for committing the act of Rape. This Policy also sets forth the conditions of return to SUNY Canton for such students.
Definitions:
- Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
- Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Student: Individuals registered for courses, either full time or part time, pursuing undergraduate, graduate, professional studies, certificates, or non-degree programs; individuals who confirm their intent to enroll in programs; individuals who have gained admission; individuals attending orientation sessions, taking online classes, auditing classes, residing in the residence halls, enrolled on the date of an alleged incident, active but not enrolled at the Campus, or enrolled in a dual enrollment program with the Campus and another institution, all of the foregoing during the academic terms or between academic terms.
Policy:
- Sanction for Rape
- Any Student who has been found responsible through the SUNY Canton student conduct process for committing the act of Rape shall be issued the sanction of suspension or expulsion from the Campus. For any such Student, if the Rape was forcible, meaning that the Rape was accomplished by physical force, threat, or drugging by the Student, the Student shall be issued the sanction of expulsion from the Campus.
- All decisions must be in writing and must include the rationale for findings of responsibility and sanctions imposed.
- Reinstatement/Readmission for Students Found Responsible for Rape
- Return After Suspension
- A Student suspended under this Policy is not automatically returned to active enrollment when the suspension period ends. SUNY Campus will determine, at the time of sanction, whether the Student’s return will proceed through reinstatement or readmission, based on the underlying facts of the offense; length of separation; administrative requirements; and applicable academic standards.
- The Notice of Outcome letter will specify whether the return process will be handled as a reinstatement or readmission, as set forth below.
- The Notice of Outcome letter will inform the Student that they are ineligible to apply to or attend any state-operated campus of The State University of New York during the period of suspension.
- The Notice of Outcome letter will require the Student to disclose their Suspension when applying to any community college of The State University of New York during the period of suspension
- Reinstatement
- Used for separations of two academic year(s) or less, or where the student remains in the SUNY Campus’s enrollment system in inactive status.
- Reinstatement is contingent upon:
- Completion of all sanction requirements stated in the final conduct outcome letter.
- Compliance with any ongoing directives (e.g., no-contact orders).
- Continued academic and administrative
- Students must submit a Reinstatement Request Form to the Dean of Students (or designee) no later than 90 days before the start of the intended term of return.
- A modest administrative processing fee may be required; the fee and process will be applied uniformly to all reinstated Students (waiver or deferral available for hardship).
- Readmission
- Used for separations exceeding two academic year(s), or where the Student’s enrollment record has been formally withdrawn from the SUNY Campus.
- Readmission requires:
- Submission of a Readmission Application to the Office of Admissions by the published deadline for returning
- Payment of the standard readmission/application fee (waiver or deferral available for hardship).
- Completion of all sanction requirements stated in the final conduct outcome letter.
- Compliance with any ongoing
- Readmission to SUNY Campus following an expulsion/dismissal under this Policy may be granted only under exceptional circumstances and requires the specific approval of the President, or designee.
- SUNY Campus will not admit any Student who has been expelled at any other SUNY state-operated or community college campus except under exceptional circumstances and with the specific approval of the President or designee.
- Denial of Return
- Under either process set forth in (b) and (c) above, SUNY Canton shall deny return of the Student if:
- Sanction conditions remain incomplete;
- Return would pose a substantial risk to safety, security, or lawful operations in the sole judgment/discretion of SUNY Canton; or
- The Student is subject to unresolved disciplinary
- A Student is not eligible to return to SUNY Campus if they withdraw prior to the conclusion of any conduct proceedings. If a Student withdrew prior to the conclusion of any conduct proceedings and seeks to return to SUNY campus, the student must consent to the continuation of the conduct proceedings, if the proceedings have not concluded.
- Under either process set forth in (b) and (c) above, SUNY Canton shall deny return of the Student if:
- Return After Suspension
- Transcript Notation Appeals for Students Found Responsible for Rape
- Students who have been found responsible through the student conduct process for committing the act of Rape shall receive a transcript notation of “suspended” or “expelled” “after a finding of responsibility for a code of conduct violation”. The sole ground for appeal of any such transcript notation for a Student found responsible for Rape under this Policy shall be if the underlying finding of responsibility is vacated.

