30.7.0 Code of Student Conduct, Rights & Responsibilities

Last Update: Saturday, July 1, 2023

It is hereby resolved that, pursuant to Part 535 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 for review at the Southworth Library circulations desk and at the Office of the Vice President for Student Affairs/Dean of Students.

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. Individuals are expected to be responsible for their academic progress and their actions and to be familiar with the rules of conduct that govern their behavior at the College. The Student Code of Conduct and Student Handbook can both be found be found on the Student Handbook webpage. Any questions regarding such policies should be directed to the Vice President for Student Affairs/Dean of Students.

30.7.1 Definitions

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

Accused Student: Any student accused of violating this Student Code.

Affirmative 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 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 on a participants’ 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Consent may be initially given but withdrawn at any time.
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 consent. 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.

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

Burden of Proof: The burden of proof in all cases is “the preponderance of the evidence” – whether it is “more likely than not” that the incident occurred. If the evidence presented meets this standard, then the accused should be found responsible.

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, or any official representing the College.

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.

Complainant: Any person who submits a statement alleging that a student violated this Student Code.

Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Vice President for Student Affairs/Dean of Students: An administrative officer of the College who oversees student discipline and issues related to the Student Code of Conduct. The Vice President for Student Affairs/Dean of Students or their designee serves as the adjudicating officer.

Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.

Entry: To enter or gain access to a student room, building, grounds, or space rented/leased by the College.

Extensions: All deadlines and time requirements in the Code may be extended for good cause as determined by the Vice President for Student Affairs/Dean of Students. Both the respondent and the complainant will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or event. Extensions will not be longer than 5 business/school days. Temporary sanctions may be imposed by the Vice President for Student Affairs/Dean of Students or designee during any extension.

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

Force: The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.

Greek Council: A representative organization of all fraternities and sororities chartered by the Student Government Association.

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender: Harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic or physical conduct relating to an individual’s protected characteristics that is sufficiently severe and/or serious, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.

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.

Non-consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.

Non-consensual Sexual Intercourse: Any sexual intercourse, however slight, with any object, by a man or woman upon a man or a woman, that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

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.

Retaliation: Any action by any person that is perceived as intimidating, hostile, harassing, retribution, or violent that occurred as a result of the making and follow-up of a report of a violation of this Code of Conduct. No member of the University community shall retaliate, intimidate, threaten, coerce or otherwise discriminate against a person who files a Title IX complaint, serves as a witness, or assists or participates in a Title IX proceeding in any manner. Participants who experience retaliation should report the incident to University Police or the Vice President for Student Affairs/Dean of Students immediately.

Review: To examine with an eye to criticism or correction.

Search: To examine in order to find something concealed.

Sex Discrimination: Sexual discrimination includes all forms of: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.

Sexual Exploitation: Occurs when a student takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

Invasion of sexual privacy
Prostituting another student
Non-consensual video or audio-taping of sexual activity;
Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
Engaging in voyeurism;
Knowingly transmitting an STI or HIV to another student;
Exposing one’s genitals in non-consensual circumstances;
Inducing another to expose their genitals;
Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sexual Harassment: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.

Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.

Stalking: The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.

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

Student Government Association: 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 party and the adjudicating officer come to agreement on the violation(s) of the Code of Student Conduct and the appropriate disciplinary sanction(s) in lieu of appearing before a disciplinary hearing board.

Support Person: The respondent and complainant may be assisted during disciplinary hearings and related meetings, by a support person of their choice. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The respondent and complainant are responsible for presenting evidence on their own behalf. The support person may speak privately to their advisee, respondent or complainant, during the proceeding. Either party may request a brief recess to consult with their support person which will be granted at the discretion of the hearing board Chair. Support persons for the respondent and complainant may not present evidence or question witnesses.

30.7.2 Bill Of Rights

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 due-process requirements.

Access to Higher Education

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

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

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.
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.
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.
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 SGA are intended to complement the policies, procedures, and rules of the College that concern organizations and groups, not so recognized.

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.
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.
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.
Names and addresses of officers and advisors are required as a condition of access to the College or SGA funds.
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.
The collection, appropriation and disbursement of student activity fees must conform to the existing policies of the State University Board of Trustees. The Student Government Association shall prepare and recommend a budget for the expenditure of such fees. This budget must be submitted to, and approved by, the President or their 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.
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

All written material shall clearly identify its origin (student or organization) and the stamp of posting approval from the Student Activities, Involvement & Leadership (SAIL) office prior to posting.
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.
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

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.
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.
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 their room has been made, and reason(s) therefore shall be stated in such notice.
The privacy and confidentiality of all student records shall be preserved as governed by FERPA or other applicable state and federal laws.

30.7.3 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 . . .

To respect the rights of others, as stated above.
To adhere to campus rules and regulations.
To comply with reasonable requests made by campus officials.
To meet expected campus payment schedules.
To monitor and accept responsibility for behavior of guests.
To report violations of rules and regulations to appropriate staff.
To participate actively in campus and self governance.
To participate in campus committees as requested.
To participate in judicial proceedings to determine appropriate standards of behavior.
To contribute positively to the campus community by participating in educational and developmental activities.

30.7.4 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 Conduct, Rights, and Responsibilities, 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.

The College reserves the right, in accordance with SUNY, federal, state, and local guidance and best practices, to implement or modify policies or add measures to support the health and well-being of our community during pandemics/major health emergencies. These measures or modifications may include, but not be limited to, mask-wearing, social distancing, testing, vaccinations, or restrictions on activities, events, or spaces on campus. Any changes will be provided in writing to the campus community in a timely fashion.

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

AFFILIATION - Any student who becomes involved or continues involvement 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.
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, MacArthur Hall 604.
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.
AMPLIFICATION - Use of amplification/audiovisual equipment in any of the reservation facilities must receive advance approval from the Student Activities, Involvement & Leadership (SAIL) 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.
ARSON - A person is liable if, by any act, they commit arson by causing a fire or explosion on any College building or property.
ASSAULT - A person is guilty of assault when they slap, kick, shoves, or otherwise strikes another person.
ATTEMPT - A person is guilty of an attempt to violate the Student Rules and Regulations, or to commit a crime, when they, 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.
BICYCLING, SKATEBOARDING, ROLLERBLADING - Prohibited operation includes:
1. operation in any College building or facility;
2. operation in a reckless or unsafe manner.
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 interfere 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 falsehood.

COLLEGE GROUNDS - Use of College space and grounds by an organization or person without reservation of the space or proper authorization.
COMPLICITY - A person is guilty of complicity when they aid, help or otherwise assists another in violating any rule applicable to the College
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.
8. Use of computing facilities, or computing equipment owned and maintained by the College, to engage in Illegal downloading, unauthorized peer-to-peer file sharing, or unauthorized distribution of copyrighted materials.

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

CONVERSION - A person is guilty of conversion when they, 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.
CREDIT CARD MARKETING - SUNY Canton prohibits the advertising, marketing, or merchandising of credit cards on campus to students, unless expressly authorized and registered by the Vice President for Administrative Services. Registrants will be limited to specified dates and areas and are prohibited from offering gifts to a student in exchange for completing a credit card application
DATING VIOLENCE - Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
DEMONSTRATIONS - Participation 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.
DESTRUCTION OF PROPERTY -
A person is guilty of destruction of property when they:
1. destroys, defaces, materially alters or otherwise damages property not their own; or
2. creates a condition which endangers or threatens property not their own.
DISCRIMINATION - Based on race, ethnicity, gender, age, sexual orientation, religion, disability or veteran status.
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.
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.
DISRUPTION - Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public-service 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.
DOMESTIC VIOLENCE - Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.
DOORS-TAMPERING - Disablement of a locking mechanism or blocking open a door intended to be closed and locked.
ELECTRONIC DEVICES - Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. (This includes, but is not limited to, surreptitiously taking a picture of another person in a gym, locker room, or restroom.)
FALSE REPORTING - A person is guilty of falsely reporting an incident when they convey information known to be false or without basis to any College official, faculty member, or employee.
FALSIFYING COLLEGE APPLICATION CREDENTIALS - Students found to have knowingly falsified application information are subject to immediate dismissal from the College.
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.
FALSIFYING GRADES - A person is guilty of falsifying grades when they:
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.
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.
GAMBLING OR SOLICITATION ON CAMPUS - Students may not use College property for any activity prohibited by federal, state, local law or the Student Code of Conduct. Solicitation or the use of College facilities or resources for any personal gain or profit is prohibited. Examples of prohibited behavior include, but are not limited to engaging in any nature of business for personal benefit on College property or using College resources, gambling on College property.
HARASSMENT - A person is guilty of harassment when they:
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 they are authorized to remain; or
5. engages in name calling, religious, ethnic or racial slurs, hate language, or obscene gestures which are severe or pervasive or persistent.
HAZING - SUNY Canton prohibits the taking of any action, creating, or participating in the creation of any situation that endangers mental or physical health, endangers safety, involves the forced consumption of alcohol or drugs, or destroys or removes public or private property, for the purpose of initiation into, affiliation with, or as a condition for continued membership, in a group or organization. Individuals and/or organizations in violation of this policy are subject to disciplinary action by the appropriate disciplinary body of the College and may be subject to any applicable provision of the Penal Law. Students who are present for, but do not report the hazing of others, may be subject to disciplinary action under this policy as well. Any suspension/expulsion from the College due to hazing will result in a notation being placed on the student’s academic transcript, loss of all academic credits for the semester of violation, and liable for all the semester’s tuition and fees.
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.
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 their 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.
INSUBORDINATION / OBSTRUCTION - Interfering with, or hindering the efforts of College officials, student staff, or law enforcement officers performing the duties of their office, especially as they are related to the enforcement of College policy or the maintenance of safety and security.
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.
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.
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.
MISREPRESENTATION - A person is guilty of misrepresentation when they knowingly perverts the truth for personal gain or favor.
MISUSE OF COLLEGE SUPPLIES OR DOCUMENTS - A person is guilty of misuse of College supplies and documents when they forge, 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.)
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.
POSSESSION - A person is guilty of possession when they knowingly obtain property, (including abandoned property), without the explicit authorization of the rightful owner.
QUIET HOURS / COURTESY HOURS - Excessive noise (including, but not limited to noise from speakers/audio devices, yelling in zones designated for quiet such as the Silent Zone in the Library or during quiet hours in the residence halls, or otherwise creating a disturbance) which disrupts the opportunity for academic success in or on campus facilities or grounds. Courtesy Hours are in effect 24 hours a day in the residence halls and at no time should noise reach a level that disturbs roommates, other residents or members of the community.
REASONABLE REQUEST OF A COLLEGE OFFICIAL - A person is guilty of failure to comply when they, 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.
REPEATED VIOLATIONS - Repeated violations of College policy which, by themselves, would not warrant suspension or dismissal, but collectively indicate that the student may not be suited for on-campus living and/or attendance at the College.
RETALIATION - Acts of retaliation against those who file complaints with College officials or cooperate with investigations of alleged violations of the law or College policies.
RULES - Violation of published College policies, rules, or regulations.
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.
SEXUAL MISCONDUCT - The act of consent requires spoken words or behavior that indicates, without doubt to either party, a mutual agreement to participate in sexual intercourse or other sexual activities. Indicators of consent do not include silence or past or present sexual relationship(s). A person is deemed incapable of consenting when that person is mentally defective, mentally incapacitated, physically helpless (whether induced by drugs, alcohol, or otherwise), or asleep. The use of alcohol or other drugs cannot be considered an excuse for rape or sexual assault. Rape or sexual assault can be committed by a friend, acquaintance, or stranger. Sexual misconduct can be defined as one or more of the following:
1. Forcible Rape: Forcing or coercing someone to have vaginal, penile, oral, or anal penetration/sexual intercourse. Rape may involve the use or threat of force, violence, or immediate and unlawful bodily injury. The perpetrator does not need to use a weapon or produce physical harm; the threat of force, expressed or implied, is sufficient to categorize the act as rape. Rape also occurs when the victim is incapable of giving legal consent because the victim is less than 17 years of age, mentally incapacitated, physically helpless (including drug or alcohol intoxication), mentally incompetent, or asleep.
2. Acquaintance Rape/Date Rape: Sexual intercourse undertaken by a friend, date, or acquaintance without consent. Acquaintance rape includes sexual intercourse that occurs through force, as a result of threat(s), physical restraint or physical violence, or without consent.
3. Sexual Abuse: Forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances previously mentioned in the description of Forcible Rape or Acquaintance Rape including taking non-consensual advantage of another person for one’s own or another’s benefit.
4. Sexual Harassment: (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 harassment 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 is used as the basis for making academic or personnel decisions affecting the 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.
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).
STALKING - The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to causes a reasonable person to fear for their safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm them.
SUBSTANCES - Use, possession or distribution of illegal/dangerous drugs as defined in the New York State Penal Law including hallucinatory, narcotic or other synthetic drugs, controlled substances and/or related paraphernalia except as expressly permitted by law. This also includes the illegal use or sale of prescription drugs. All students found in rooms where illicit drugs are reasonably believed to be present or in use may be subject to College judicial action.
THEFT - A person is guilty of theft when they, knowing property not to be their own, takes such property for their own use, pleasure, or possession; and, theft of services.
TRAFFIC - Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions.
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.
WEAPONS - The possession of any explosive device, dangerous chemical, firearm or weapon, (including air guns, BB guns, soft air guns, paintball guns, and archery equipment) or any weapon in which the propelling force is spring, piston, or CO2 cartridge, or any deadly weapon as defined in the New York State Penal Law or any knife, object that can be construed as a dangerous instrument.

30.7.5 Sanctions

Disciplinary sanctions may be imposed on students or organizations that violate the Code of Student Conduct. Any of the sanctions listed below may be imposed with specific terms and conditions as determined by the College.

Admonition: Written warning that continuation or repetition of misconduct may result in further disciplinary action.
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 Vice President for Student Affairs/Dean of Students or their 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.
Denial of Service: Request to leave a campus office/service for a specified period of time. This may include suspension from campus social activities/events as deemed by the Vice President for Student Affairs/Dean of Students or their designee.
Disciplinary Warning: This is meant as a warning that the student’s status at the College is in jeopardy. Future violations of the Code of Conduct may result in the student’s removal from the residence halls, loss of certain social privileges or suspension from the College.
Disciplinary Jeopardy: This is meant as a strong warning that the student is in jeopardy at the College. The next incident will likely result in the student’s suspension from the residence halls and/or College and loss of certain social privileges.
Disciplinary Probation: The student is not permitted to live on campus for a specified period of time and is additionally restricted from the residence halls during that time period. If the student is found in the residence halls during that time period, they will be arrested for criminal trespass by the University Police Department. Further the next incident will result in the student’s immediate suspension from the College for a period of one academic year.
Expulsion: Permanent termination of student status at SUNY Canton. Expulsion will be noted on the student’s permanent record.
Exclusion from Dining Hall: Loss of dining privileges for a specified period of time.
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.
During the interim suspension, the student may be denied access to the residence halls and/or to College premises (including classes) and/or all other College activities, privileges, or services for which the student might otherwise be eligible, or as the Office of the Vice President for Student Affairs/Dean of Students determines to be appropriate. If suspended in this manner, the student is entitled to an interview with the Vice President for Student Affairs/Dean of Students or his or her designee, in order to outline the process through which the student’s actions will be adjudicated through the student judicial process.
Loss of Parking Privileges on the Campus
Restitution: Reimbursement for damages to or misappropriation of property.
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.
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.
Suspension from College: Termination of student/official organization status for a definite period of time. Suspensions will be noted on student’s permanent record.

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.

NOTE: The University considers dating violence, domestic violence, sexual assault, and stalking as extremely serious violations and subject to suspension and/or expulsion from the University. In such cases, an Interim Suspension may also be issued as deemed appropriate by the Vice President for Student Affairs/Dean of Students or designee.

30.7.5.1 Notification of findings

Within ten(10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneousdays notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.5.2 Notification of Parents and Campus Officials/Offices

The College is committed to a goal of student maturity and self-direction. The College also recognizes that some students have developed these qualities to a greater extent than others. In some cases, where a student has shown a pattern of irresponsible behavior and has not responded to College assistance or resources, parents/guardians may be notified. When a student is suspended, parents/guardians may be contacted. All parental notification shall comply with the provisions of the Family Educational Rights and Privacy Act. Students are urged to discuss all conduct violations with their parents or guardians. The College also reserves the right to notify the appropriate College offices (which may include, but is not limited to: EOP, Residence Life, Athletics, Counseling, University Police, administration) as well as academic advisors and School Deans as applicable when students have been placed on disciplinary probation, interim suspension, residential suspension, College suspension or expulsion. All campus notification shall comply with the provision of the Family Educational Rights and Privacy Act.

30.7.6 Adjudication

Every student has the right to appear before a Judicial Hearing Board if they choose to exercise it. The adjudicating officer can also elect to present a case to the Judicial Board even if it is against the wishes of the student being charged. Students may also elect to be adjudicated through Summary Action. In Summary Action the accused party and the adjudicating officer come to agreement on the violation(s) of the Code of Student Conduct and the appropriate disciplinary sanction(s). 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.

Note: Failure on the part of the student to meet with the adjudicating officer to discuss a disciplinary matter is in itself a violation of the Code of Student Conduct and is subject to disciplinary action.

The respondent and complainant may be assisted during disciplinary hearings and related meetings, by a support person of their choice. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The respondent and complainant are responsible for presenting evidence on their own behalf. The support person may speak privately to their advisee, respondent or complainant, during the proceeding. Either party may request a brief recess to consult with their support person which will be granted at the discretion of the hearing board Chair. Support persons for the respondent and complainant may not present evidence or question witnesses.

30.7.7 Disciplinary Hearing Boards

30.7.7.1 Judicial Hearing Board

The Judicial Hearing Board will hear disciplinary cases and/or cases involving violations of the Code of Conduct. The Board has the following responsibilities: hears all evidence related to the case in question; seeks answers to all questions pertaining to statements and evidence presented; reaches a finding regarding responsibility for charges against the student after full discussion of the case in closed session and presents the finding to the adjudicating officer within 24 hours after the hearing concludes, or the next business day if the hearing concludes on a Friday. Any sanctions given will be provided to the student in writing within ten class days.

The Judicial Hearing Board has the authority to impose all the sanctions listed in Article V. The Judicial Hearing Board also acts as a hearing body of first jurisdiction at the request of the President or the President’s designee in cases where the safety of persons or property of the College community is believed to have been threatened. In cases heard by the Judicial Hearing Board, their decision is final except when suspension or expulsion from College is recommended. In such cases, only suspension or expulsion (Article V, Sec. 7 & 14) are subject to review by the President or the President’s designee.

The Judicial Hearing Board is comprised of:

1. Students - 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.
2. Faculty - One of which will serve on each hearing. The faculty members must be employees who must have worked at the College for at least one year.
3. Administration - are 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.
4. Advisor - this person shall serve only to assist in clarifying or answering questions regarding policies or judicial processes, and is not a voting member of the hearing board.

Notification of findings

Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.7.2 Residence Hall Hearing Board

There shall be a standing central Residence Hall Hearing Board (RHHB) composed of six residential students, who are nominated by the hall staff and one Resident Assistant nominated by the Resident Assistants who will serve as Chair of the Board. The Director of Residence Life or their designee will serve as the advisor to this Board. The RHHB will provide resident students with an opportunity to present cases before their peers, thus giving residents a greater degree of autonomy and “hands-on” judicial experience in communal living. When dealing with a disciplinary matter, students are afforded the right to appear before a Judicial Hearing Board (of the adjudicating officer’s discretion) or the opportunity to accept summary action wherein they waive their right to appear before a Judicial Hearing Board. The adjudicating officer can also elect to present a case to the Judicial Board even if it is against the wishes of the student being charged. The RHHB has the authority to impose all official sanctions listed in Article V except suspension or expulsion from the College.

Notification of findings

Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.7.3. 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:

1. Two students
2. Two faculty
3. Two classified staff
4. Any three persons, one from each constituency, shall constitute a quorum to hear appeals.

30.7.8 Responsibilities of Administrative Officers

The President/Acting President or designee shall review all recommendations of the Judicial Hearing Board involving suspension or expulsion from the College (Article V, Sec. 7 & 14). Before reaching a decision, the President/Acting President may consult with the appropriate person(s) or parties. The President or their designee may summarily suspend a student/organization pending a hearing if the student/organization (Article V, Sec. 14) is believed to constitute a clear and present danger to the safety of persons or property of the academic community. The President or their designee shall allow the accused student/organization an immediate explanation in writing with respect to such suspension.
The adjudicating officer has the following responsibilities:
1. Review and determine if sufficient evidence exists to charge the accused.
2. Notify the accused in writing of the nature of the charge(s). Notification will also include the nature of the Hearing Board, date, time, and location of the hearing, a statement of the student’s rights, and information on the hearing procedures. The notice may be hand delivered; placed into a student’s residence hall mailbox; sent by e-mail to the accused student’s official College e-mail address, or mailed to the last known address of the student, either by certified mail or first class mail.
3. Works with the Chair of the Judicial Hearing Board to set the hearing date and time and composition of the Board.
4. Coordinate the follow-up to ensure that the sanction is carried out.

30.7.9 Procedures for Judicial Hearings For all Campus Judicial Boards:

For all Campus Judicial Boards:

Charges of alleged misconduct (under Article IV) may be brought against any student or organization.
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 access to all written statements expected to be used during the hearing.
2. Notified of the right to obtain a support person and the right to refuse to answer questions. If a support person will be present, the guidelines outlined in Section 15.9 3 (B) must be followed.
3. Notified of the time and place of the hearing and given at least four calendar days from the time the student receives their charge letter and notice of hearing date and time, as well as access to all written statements to be used at the hearing in order to prepare a defense. The student/organization may waive, in writing, the right to a four-calendar day waiting period.
The College recommends that all students and organizations adhere to the following procedures:
1. Take four calendar days to prepare their defense; and
2. The reporting individual and the respondent have the right to be assisted by any advisor they choose, at their own expense, if the advisor of choice charges a fee. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The reporting individual and/or the respondent are responsible for presenting their own case and, therefore, advisors are not permitted to speak or to participate directly in this portion of the hearing. The advisor may speak privately to their advisee, respondent, or complainant, during the proceeding. Either party may request a brief recess to consult with their advisor which will be granted at the discretion of the hearing board Chair. Respondents and reporting individuals must inform the Student Conduct Office no later than 24 hours prior to the hearing, or by 9am on the business/school day prior to the hearing if the hearing follows a weekend or holiday who their advisor of choice is. Respondents and reporting individuals are required to have an advisor present for the purpose of cross examination. As a result, if a party does not select an advisor, the College will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
  
  NOTE: Attendance at hearings is limited to those directly involved or those requested by the hearing officer or Board to attend. The hearing officer or Board will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
If a student/organization fails to appear before the Judicial Board, the party’s advisor may appear and conduct cross-examination on their behalf. If neither a party nor their advisor appear at the hearing, SUNY Canton will provide an advisor to appear on behalf of the non-appearing party. NOTE: If a party or witness does not submit to cross-examination, the Judicial Board cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
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 College, the respondent(s), and the reporting individual shall have the privilege of presenting witnesses, subject to the right of questioning by the judicial hearing board, the reporting individual’s advisor and the respondent’s advisor.
At the conclusion of the review, the Judicial Hearing Board shall determine (by simple majority vote) whether the student has violated each section of the Student Code of Conduct, which the student is charged with violating.
Any sanctions given will be provided to the student in writing within ten class days. Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.
The adjudicating officer shall keep record of the substance of the hearing. Such records remain the property of the College. Only College judicial affairs staff may record judicial meetings or proceedings. No other recordings are permitted. Such records often contain personally identifiable and sensitive information about participants. The adjudicating officer may report the findings to the College community without revealing personally identifiable information.
Adjournments or Extensions: The chairperson shall have the authority to adjourn or postpone hearings if, in their opinion, extenuating circumstances are justifiably raised by the accused student(s), the adjudicating officer/ designee, or individual judicial board members. The judicial hearing board may adjourn the hearing, imposing temporary sanctions, and schedule sanctioning for a later date. All deadlines and time requirements in the Code may be extended for good cause as determined by the Vice President for Student Affairs/ Dean of Students. Both the respondent and the complainant will be notified in writing of the delay, the reasons for the delay, and provided the date of the new deadline or event. Extensions will not be longer than 5 business/school days. Temporary sanctions may be imposed by the Vice President for Student Affairs/ Dean of Students or designee during any extension.
Appeals: A request for an appeal may only be submitted when the student believes:

1. A procedural error occurred during the process, which had a direct impact on the finding. (i.e. a failure to follow the College’s own procedure)
2. That new information has come to light, which has a direct impact on the finding. New evidence is that which was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The finding or sanction imposed is unfair or inappropriate.
4. Conflict of Interest or Bias. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against the reporting individuals or respondents generally or the individual reporting individual or respondent that affected the outcome of the matter.
  
  Appeals shall be directed through the online appeal form located on the Student Conduct webpage by the respondent within four class days of the respondent’s receipt of the written decision (which will be sent to the respondent’s SUNY Canton email). Appellate boards will be composed of three faculty/staff members. There will also be an advisor who shall serve only to assist in clarifying or answering questions regarding policies or judicial processes. The advisor is not permitted to weigh in on the appeal and is not a voting member of the appellate board. While an appeal is being considered or a scheduled appeal hearing is pending, the original sanctions imposed remain in effect. The chairperson of a Judicial Board or Board Member (if the chair is unavailable) that rendered a decision under appeal, may be asked to attend an appeal hearing. A student who appeals is not required to attend, but is entitled to attend and be accompanied by a support person. Notification of appeal decisions shall be communicated within 48 hours after the conclusion of a hearing. Outcomes shall be disclosed in writing.
  
  After reviewing an appeal, an Appellate Board may decide to:
  1. Deny the request and uphold the decisions of the original Judicial Board, or
  2. Grant the appeal and direct the case to be heard by a college judicial board again. Appeals decisions are final within the campus judicial system. Once an appeal has been rendered, a student may not appeal that decision.

In cases where the substance of a request causes the Appellate Board to believe such action is warranted, members of the original board may be replaced or an entirely new board may convene to hear the case. All decisions made by the appellate Board are final. In extenuating circumstances, or when the College is in recess, the Vice President for Student Affairs/Dean of Students or their designee has the authority to convene an emergency Judicial Hearing Board; similarly, the Director of Residence Life or designee has the authority to convene a temporary Residence Hall Hearing Board. This Board may be composed of one faculty member and one staff person when a student representative is not available.

30.7.9.1 SUNY Board of Trustees - Rules for the Maintenance of Public Order

The rules for the Maintenance of Public Order provide overall rules which are clarified and defined in the College’s Student Code of Conduct and workplace/visitor rules. These rules are implemented in compliance with section 6430 of the Education Law and comprise Part 535 of Title 8 of NYCRR. Copies of this portion of the Official Compilation are available for review at the Southworth Library circulation desk and at the Office of the Vice President for Student Affairs/Dean of Students.

30.7.9.2 Policy on Transcript Notations

New York State Law states that:

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were “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.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Each institution shall publish a policy on transcript notations and appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

SUNY Canton is in full compliance with New York State Law and will note on the academic transcript of students found responsible for violations of SUNY Canton policy which are equivalent to the Clery Act Part I crimes (as updated by the Violence Against Women Act) that a student was “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.” (If the student receives either of those sanctions after a finding of responsibility.) The crimes which would require this notation currently include: murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson.

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