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Definitions

  1. The terms “College” and “institution” mean The College of Saint Rose.
  2. The term “student” means any person registered for enrollment in any College course; or any person enrolled in a College course at the time of the alleged violation, or any person on the College premises for any purpose related to registration or enrollment.
  3. The term “College premises” means buildings or grounds owned, leased, operated or controlled by The College of Saint Rose.
  4. The term “designated College official” means any person authorized by the College to act in a prescribed manner.
  5. The term “College property” means all property owned, leased or on loan to the College.
  6. The term “College document” means any College record, written communication, or form.
  7. The term “personal property” means anything of value to which a person has legal possession or title.
  8. The term “hearing” refers to any formal meeting with a designated College official concerning alleged policy violations.
  9. The term “appeal” means a formally written statement requesting a review of the outcome of the hearing and subsequent sanctioning.

Rights and Responsibilities

Conduct Rights and Responsibilities
The College of Saint Rose is an academic community which promotes both the rights and responsibilities of individuals within that community.  The following rights and responsibilities govern the conduct of students, faculty, administration, staff, vendors and visitors on campus and College property:

A.          Rights

  1. Constitutional rights include freedom of speech, press, political belief and affiliation, freedom from discrimination, freedom to peaceful assembly and an appeal for redress of grievances.
  2. The right to pursue lawful activities.
  3. The right to freedom from verbal and physical force, violence, harassment, assault and abuse, either as individuals or groups.
  4. The right to privacy of personal information as provided by law.

B.          Responsibilities
(Compliant with NYS Article 129-A of Education Law)

  1. All persons must conduct themselves in a manner which will contribute to the achievement of the purpose of the College. The primary purpose of the College is the cultivation of the intellect.  The College cannot condone behavior inconsistent with its purpose or which the College deems inappropriate for the College community.
  2. So that the College may achieve its purpose, maintenance of public order on the College campus and College property must be ensured. The laws regarding public order must be enforced by the proper public officials.  When laws regarding public order are violated, the person designated by the President must call the proper law enforcement officials to the campus to assist in maintaining public order.  Ejection of violators of laws of public order may be necessary.  In the case of a student, faculty, administrator, staff, or vendor violator, other penalties may include suspension, expulsion or other appropriate disciplinary action.
  3. No person, student, faculty, administrator, staff, or vendor member may have in their possession upon the College property any rifle, shotgun, pistol, revolver, or other firearm or weapon.  Outside, on-duty law enforcement officials are authorized to carry weapons.
  4. Nothing contained in these rules and regulations is intended to limit the freedom of expression or peaceful assembly.
  5. Any action or situation which recklessly or intentionally endangers mental or physical health, or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
  6. Any persons, students, faculty, administrator, other staff or vendor who violate the prohibition contained in paragraph 5 will be subject to appropriate College discipline, including suspension or expulsion.
  7. Any organization which authorizes such conduct shall be denied permission to operate on campus. A copy of these regulations shall be given to all students upon enrollment in the College and shall be deemed to be part of the Bylaws of all organizations operating on the campus.  Such organizations shall review annually with a representative of the College administration to assure the continuance of such prohibition.

Community Standards and Policy Review Process
The community standards and policy review process outlined here applies to student conduct and behavior other than that associated with academic regulation, performance or standing.  The College has established regulations and procedures which it considers to be consistent with its purpose as an educational institution within the society at large.  In the spirit of fairness, the disciplinary process is intended to be as flexible as possible and chiefly concerned with the best interest of both the student involved and the College community.  The process was designed to guarantee a student’s rights while assuring responsibility for one’s own actions.

Jurisdiction
The jurisdiction of the College community standard and policy review system can include both on-campus and off- campus incidents at the discretion of the Director of Safety and Security or designee.  This means that any incident involving a student that harms the College’s interest will be reviewed to determine if College conduct action is warranted.

The following are examples of incidents that could endanger another member of the College or greater community and would be considered harmful to the interest of the College:

  • Sale or Dispensation of Illegal Drugs
  • Infliction or Threat of Bodily Harm
  • Assault
  • Aggravated Harassment
  • Possession or Threat with a Deadly Weapon

Any College officials may enter student rooms or College spaces in pairs to investigate possible violation(s) of community standards and policies and may confiscate contraband, such as alcohol, drug, drug paraphernalia, weapons, or stolen property, when deemed appropriate by College officials. Confiscated items may be disposed of at the discretion of College officials when possession of these items violates community standards and policies.

Students must comply with requests from College officials to open rooms when acting in an official College capacity. Failure to cooperate may result in disciplinary action including dismissal from residence and/or the College.

A. Organization of Community Standards and Policy Review System

  1. Community Standards and Policy Review Responsibilities
    The Community Standards and Policy Review System, part of the Office of Student Development, is responsible for assuring compliance with all College community standards and policies set forth in the Community Standards Guide, other than the Title IX Grievance Policy and the Sexual Harassment and Misconduct Policy.  The Title IX Coordinator is responsible for all matters arising under the Title IX Grievance Policy and the Sexual Harassment and Misconduct Policy.  The Community Standards and Policy Review System is under the direction of the Associate Vice President for Student Development.  The Associate Vice President for Student Development is charged with the responsibility for seeing that students who have allegedly violated any College community standard or policy are assured individual rights and fairness.   Hearings may be conducted both virtually and in-person. To accomplish this task, the Associate Vice President for Student Development:

    • Receives all reports concerning individual students for alleged violations of College community standards or policies.
    • Assigns student community standards and policy review cases among the Student Community Standards and Policy Decision Maker:
      • A Student Community Standards and Policy Decision Maker has been trained to hear alleged violations of College community standards and policies subject to the Student Community Standards and Policy Review System.
    • Reviews all reports and determines if any alleged violations are also related to bias behavior.  If so, an Inclusion Advocate will be brought in to assist the Decision Maker.
    • Acts as a Student Community Standards and Policy Decision Maker and as an Appeal Officer and trains and supervises other Student Community Standards and Policy Decision Makers and Appeal Officers.
    • Designates Appeal Officers and an Appeal Board when necessary.
      • An Appeal Board is a panel comprised of 3 decision makers, chosen by the Associate Vice President for Student Development, who are trained and screened for any bias or conflict of interest.
      • An Appeal Board reviews appeal requests where the outcome of the original Decision Maker results in removal from housing, suspension, or dismissal from the College.
      • An Appeal Officer is a decision maker chosen by the Associate Vice President for Student Development and is trained to review appeal requests for decisions not resulting in removal from housing, suspension, or dismissal from the College.
    • Designates chairs of Student Community Standards and Policy Appeal Boards.
    • Maintains the official student community standards and policy records.
  2. Student Community Standards and Policy Decision Makers
    • Receives cases referred by the Associate Vice President for Student Development for adjudication.
    • Sets up an administrative hearing for students to determine if College community standards or policies have been violated.
    • Works with an Inclusion Advocate, where appropriate, in incidents related to bias behavior.
    • Determines appropriate sanction(s) in cases of College community standards or policy violation(s) in conjunction with the Associate Vice President for Student Development.
    • Notifies student(s) in writing of
      • alleged College community standards or policy violation(s)
      • result of hearing
      • sanction(s) being applied, if applicable
      • rationale for the decision
  3. Student Community Standards and Policy Review Appeal Officers/Appeal Board
    • Receives cases referred by the Associate Vice President for Student Development
    • Reviews each appeal request in a timely manner and determines if criteria are met that warrant further investigation
    • Process results in an appellate decision that upholds the original decision, sends case back to investigators (if applicable), modifies the original decision, or dismisses the case.

B. Student Community Standards and Policy Review Process and Procedures

A student charged with violating a College policy covered by the Student Community Standard and Policy Review System is subject to a hearing and possible disciplinary action.  The Associate Vice President for Student Development will assign a Student Community Standard and Policy Decision Maker to adjudicate student community standard and policy charges.

  1. Student Community Standards and Policy Review Hearing
    • The Associate Vice President for Student Development will assign the case to a Student Community Standard and Policy Decision Maker.
    • The Student Community Standard and Policy Decision Maker sends a written letter of notification of the alleged community standard(s) and policy violation(s) to the student(s) via their College email account. The email includes the hearing date, time and location as well as a copy of the Incident Report.  If the student is unable to attend due to a scheduled class, they must contact the Student Community Standard and Policy Decision Maker within 24 hours to reschedule.  Failure to do so will result in a hearing being conducted in their absence.
    • The Student Community Standard and Policy Decision Maker will work with an Inclusion Advocate, where appropriate, to discuss bias behavior, questions to ask during the hearing, etc.
    • The Student Community Standard and Policy Decision Maker conducts the hearing following the guidelines set forth by the College.
    • Decisions regarding alleged community standard(s) and policy violation(s) will be made using the preponderance of evidence. This standard of evidence means that there must be a determination of whether the alleged misconduct is “more likely than not” to have occurred or 51% likely to have occurred. Decisions will be communicated in written form by the Student Community Standard and Policy Review Staff/Hearing Board Chair via College email, including sanctions and rationale if warranted.
    • Student may appeal the decision of the Student Community Standard and Policy Decision Maker to a designated Appeal Officer only if appeal criteria are met. See Section below for further information concerning requests for appeals.
  2. Request for Appeal

Following adjudication of a student conduct hearing, a student may appeal the outcome by following the procedures below.

  • Student reviews the following four criteria for appeal and identifies grounds for an appeal based on those criteria which are:
    • Student was not accorded his/her rights as outlined in the Referred Individual Rights, and this failure significantly affected the student’s right to a fair hearing.
    • Failure by the decision maker to follow established procedures.
    • New evidence not available at the time of the initial hearing and is subsequent to the initial hearing which could have affected the original findings.
    • The sanction is disproportionate, or otherwise inappropriate, to the proven violation.
  • Student requests an appeal, in writing, within three business days of receipt of Student Community Standard and Policy decision letter. Appeals will only be considered if the letter contains specific reasons and justification based on the criteria for appeal. Additionally, the letter must be of strong written quality; Times New Roman, size 12 font, double-spaced, with 1-inch margins.
  • The assigned Appeal Officer/Board will review the written appeal request to confirm it meets one of the appeal criteria.  If yes, the incident file and the decision letter will also be reviewed.
  • Following this review, the Appeal Officer may elect to:
    • uphold the Student Community Standard and Policy decision.
    • send case back to investigators, if applicable.
    • modify the decision.
    • conduct a formal hearing.
  • The outcome of this process will result in the Appeal Officer/Board rendering a decision that upholds the original decision, modifies the original decision, or dismisses the case.  The outcome will be communicated to the student(s) from the Appeal Officer/Board with rationale.
  • All appellate decisions are final.

C. Student Community Standards, Policies and Procedures Referral

Any person may refer a student for community standard and policy review action when it is believed that the student has allegedly violated a College community standard or policy. Referrals are made to the Associate Vice President for Student Development by submitting College documents on which the alleged situation(s) will be described in detail using the College online reporting system.

D. Referred Individual Rights

The following guidelines are intended to assure individual rights and fairness. Deviations should be carefully considered to allow for unique and individual needs. The referred individual has a right to and thus may:

  • receive a notice of alleged community standard and policy violations, as well as the documents upon which the specific alleged violations are based.
  • request an accommodation for the community standards review process through the Student Accommodation Policy.
  • request supportive measures to be put in place during the process and possibly beyond if the documentation is related to a conflict with another individual. Students must communicate with us when support is needed and still take ownership for all academic coursework.  These measures may include:
    • Counseling
    • Extensions of deadlines or other course-related adjustments
    • Mutual No Contact Orders
    • Changes in work or housing locations
    • Modifications of work or class schedules/taking classes remotely
    • Campus escort services
    • Leaves of absence
    • Increased security and monitoring of certain areas of the campus
  • prepare and present defense in their behalf.
  • bring an advisor to any proceedings.  The advisor, who may not be an attorney, serves in a non-representative capacity and is only allowed to speak with the referred individual.  The advisor may not speak on behalf of the referred individual.
  • make a verbatim record of the hearing (not deliberations) at their own expense.
  • receive a notice of decisions and sanctions, if any.
  • request an appeal, if criteria are met.

In addition:

  • Consideration may be made to bypass any or all of the above criteria when:
    • The charge is criminal in nature and may be referred to local, state or federal officials.
    • There is concern for the personal safety of others.
    • The persons making the referral may select procedures outside the College.
    • The case is particularly sensitive, i.e., involving confidential materials
  • Hearings are closed. Individuals having a bearing on the case will be called as needed.
  • The review staff may question referred individual and witnesses either together, in groupings, or individually as the review staff deems appropriate.
  • Regular procedures are not available during the summer and vacations.

E. Reporting Student’s Rights

Not all students who participate in the Student Community Standard and Policy Review Process are referred individuals. Should a student report an incident that requires disciplinary action, that student may be required to attend and/or participate in the Student Community Standard and Policy Review Process.

Should a reporting student be required to participate in the Student Community Standard and Policy Review Process, the following guidelines are intended to assure individual rights and fairness; deviations should be carefully considered to allow for unique and individual needs. A reporting student has a right to and thus may:

  • Receive an explanation of all procedures.
  • Request supportive measures to be put in place during the process and possibly beyond if the documentation is related to a conflict with another individual. Students must communicate with us when support is needed and still take ownership for all academic coursework.  These measures may include:
    • Counseling
    • Extensions of deadlines or other course-related adjustments
    • Mutual No Contact Orders
    • Changes in work or housing locations
    • Modifications of work or class schedules/taking classes remotely
    • Campus escort services
    • Leaves of absence
    • Increased security and monitoring of certain areas of the campus
  • Be accompanied by a non-attorney/non-representative advisor throughout all proceedings.
  • Be provided a comfortable waiting area prior to the hearing.
  • Remain in the hearing throughout the proceedings.
  • Request that discussion of past history or behavior be limited to that which is relevant to the case.

In cases not designated under the Title IX Grievance Policy or the Sexual Harassment and Misconduct Policy, the College cannot disclose the outcome of the hearing to the reporting student, but the College can let them know that the incident went through the Student Community Standard and Policy Review process.

Parental / Emergency Contact Notification
When it has been determined that a student has committed a violation of College community standard or policy with respect to regulations regarding the use or possession of alcohol or a controlled substance, the College may disclose to parents or legal guardians such information if the student is less than 21 years of age.  Parents or guardians of students under the age of 21 can be notified of such determinations regarding violations of College narcotic or other controlled substance policies and those alcohol violations that result in disciplinary probation, an assessment for chemical dependency or more severe sanctions.   Parents will be notified after a student’s first and second alcohol or drug policy violation. In addition, if an incident results in removal from College housing, suspension, or dismissal from the College, emergency contacts will be notified.

Supportive Measures

There may be times when a documentation is submitted because of a conflict between individuals. The College wants all students involved in a situation to feel supported throughout the policy review process and will examine possible measures to assist students.  In some instances, these supportive measures may also be extended beyond the policy review process.  You must communicate with us when you need support and still take ownership for your academic coursework.  These measures may include:

  • Counseling
  • Extensions of deadlines or other course-related adjustments
  • Mutual No Contact Orders
  • Changes in work or housing locations
  • Modifications of work or class schedules/taking classes remotely
  • Campus escort services
  • Leaves of absence
  • Increased security and monitoring of certain areas of the campus

Disciplinary Sanctions

When students are found in violation of College community standards and policies, sanctions shall be imposed. The purpose of sanctioning is to educate a student as to why her/his behavior is inappropriate, as well as to make the student aware of and sensitive to all the possible consequences of the behavior in question. Failure to complete an imposed sanction may result in College records being placed on hold.

Sanctions for misconduct will be determined on a case by case basis, utilizing three main criteria:

  • The nature of the offense
  • The precedent established at the college for similar offenses, and
  • The previous disciplinary history of the student, as well as the student’s attitude and behavior throughout the disciplinary process

Sanctions may be comprised of two components:

  • An “active sanction” or educational sanction, requiring the student to complete some form of service or assignment requiring the student’s active participation.
  • An “inactive sanction” or written sanction (Censure, Disciplinary Probation, Disciplinary Suspension, or Disciplinary Dismissal)

Active or Educational Sanctions

Student Community Standard and Policy Review Officers are strongly encouraged to impose “active” and educational sanctions that promote learning and understanding. Among the previously established educational sanctions are:

  • Alcohol Education Program and/or Assessment.
  • Anger Management Program.
  • Attendance at Educational Programs.
  • Behavioral Contract.
  • Conflict Management Training.
  • Educational Service Hours.
  • Reflective Exercises.
  • No Contact Order.
  • Work, class or housing modifications (including, but not limited to, changing work study jobs/hours, changing class sections or delivery mode of classes, and changing building/room assignments)

Inactive Sanctions

  • Censure
    • A censure is an official statement that the student has violated a College community standard or policy, and serves as a formal reprimand.  A censure also indicates that future violations will likely result in a more serious level of sanctioning.
  • Disciplinary Probation
    • Disciplinary Probation is a serious encumbrance on the student’s good standing in the College community, and serves as a “near removal” status.  Disciplinary Probation will last at least one semester and any subsequent violations during the probationary period will be viewed as both a violation of College community standards and policies and a violation of the probation.  No more than three Disciplinary Probation sanctions shall be imposed on a student prior to that student being removed from the College community, though the student may be removed prior to this condition.  A student currently on Disciplinary Probation may not hold an Executive Board position within Student Association or any other active club or organization throughout the probationary period.
  • Removal from College Housing
    • Removal from College Housing is a loss of the privilege of living in campus housing.   Removal will be for a fixed period of time (but not less than the remainder of the semester).  The student may petition the Director of Residence Life for restoration of the right to apply for campus housing no more than one month prior to the fixed period of time expiring.
  • Interim Suspension/Removal from Housing
    • In a situation where it is determined that a student’s continued presence at the College poses an immediate threat of harm to the student, other individuals, the continuance of normal College functions and/or College property, the Associate Vice President for Student Development or designee may interimly suspend a student from the College or remove them from College-provided housing pending final disposition of the case through the student community standards and policy review process. An interim suspension/removal from College-provided housing becomes effective immediately without prior notice.
    • An interim suspension means that the student cannot attend classes and must leave College property and remain off College property until the College’s student community standards and policy review process is completed. The College reserves the right to terminate the suspension at any time prior to the outcome of disciplinary proceedings.
    • An interim removal from housing means that the student cannot live on campus until the College’s student community standards and policy review process is completed.  Depending on the circumstances, the student may still be allowed to attend classes in person or through remote delivery methods until the College student community standards and policy review process is completed.  The College reserves the right to terminate the removal from housing at any time prior to the outcome of the process.
  • Disciplinary Suspension
    • Disciplinary Suspension establishes a fixed period of time during which the student may not participate in any academic or other activities of the College.  If the disciplinary suspension or separation from the College has been one semester or less, the student may request readmittance by sending the request to the Associate Vice President for Student Development.  If the disciplinary suspension or separation from the College has been two or more semesters, the student may request readmittance through the Resumption of Study process.
  • Disciplinary Dismissal
    • Disciplinary Dismissal denies the student the right to participate in any academic or other activities of the College.  This is a permanent exclusion from the College community.
  •  Restrictions
    • A restriction takes away a privilege that the student may have, including but not limited to:
      • The ability to host guests on campus.
      • The ability to attend athletic and extracurricular events.
      • The ability to possess various types of electronic equipment in a residence hall room.
      • The ability to have contact with specified individuals or organizations in the college community.
      • The ability to participate in the room reservation process.
      • The ability to enter into specific college-owned or leased buildings on campus or to utilize specific spaces owned or leased by the College.
  • Monetary fine equivalent to the cost of damaged, lost, or stolen property.
  • Persona Non Grata Recommendation
    • In some instances, a student who has been suspended or dismissed from the College may be restricted from all College owned or controlled properties, or from any section of those properties.  Such instances are forwarded in the form of a request to the Associate Vice President for Student Development and Director of Safety and Security who are authorized to make the final decision on these requests.