Oneonta Home | Text Only

Bar    

Code of Student Conduct

Note: The following document is intended to be accurate. However, if any discrepancies exist between it and the hard copy, it is the on-line version that shall stand as the definitive document.[ rev. 8.07]

CONTENTS

Preamble

Affirmative Action Policy

Sexual Harassment

Campus Safety Report

College Regulations

Article I: Definitions

Article II: Student Conduct

Article III: College Judicial System

Article IV: Additional Policies

Appendix A: Policy Statement on Drugs and Alcohol

Appendix B: Bias Crimes Prevention

Apendix C: Public Order Statutory Authority: Education Law 6450

PREAMBLE

The College at Oneonta is a community of faculty, students, and staff whose mission is to foster the individual student's intellectual, personal, cultural, and ethical development.

To maintain this community it is necessary to state expectations for all students which promote the values that the College has stated and that have been affirmed in the College's Mission Statement.

As students you are not only members of the college community but also citizens of the greater Oneonta community and therefore the values and expectations outlined here articulate the need for students to be caring, productive citizens in all areas on and off campus. 

The purpose of the Student Code of Conduct is to state the College's expectations, and to provide an explanation of the process involved for responding to allegations of student misconduct, on or off campus, as well as outlining what actions the College may take in dealing with violations detailed in this Code of Conduct.

A student attending the College at Oneonta agrees to be governed by this Student Code, as well as other College policies.

Affirmative Action Policy

The State University College at Oneonta reaffirms its commitment to policies of affirmative action and equal opportunity.  The College pursues rigorous programs of affirmative action in its educational and employment practices.  The College is committed to recruiting, hiring, training, and promoting persons at all employment levels without regard to race, color, gender, religion, age, pregnancy, national origin (including ancestry), disability, being a disabled veteran or veteran of the Vietnam era, sexual orientation, gender expression and gender identity, marital status, or any other protected category.

The College administrative and supervisory personnel share responsibility to see that these policies are administered equitably in employment decisions and for promotional opportunities, as well as in personnel actions relating to compensation, benefits, transfers, layoffs, institutionally sponsored training, education, tuition assistance, and social and recreational programs. 

Our designated office for Affirmative Action is the Office of Equity and Inclusion which is located in the Netzer Administration Building, Room 133. For further information about our Affirmative Action Program, please contact (607) 436-2830.

Harassment and Sexual Harassment Policy and Grievance Procedures

Discrimination Policy

Harassment and Sexual Harassment Policy

It is the policy of the State University of New York College at Oneonta, to provide an environment where employees and students are free from harassment, including sexual harassment. No member or group of the College community shall harass another member or group. Additionally, sexual harassment is an unlawful offense as defined by Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and the New York State Executive Law.
Within our College, a state of civility, trust, respect, and openness among members of the campus community is indispensable to full pursuit of the mission of the institution. Harassment, including sexual harassment, breaks the bonds of civility, trust, respect, and openness.
Harassment creates a hostile environment. Harassment can be created by verbal, written, graphic, or physical conduct that is severe, persistent and/or pervasive and interferes or limits the ability(ies) of a person or persons to work or learn.
Sexual harassment is usually defined as repeated unwelcome and unwanted sexual advances, or sexual allusions, unwarranted references to sexuality or sexual activities, requests for sexual favors, and other speech or conduct of a sexual nature. Sexual harassment can occur among peers, supervisors and supervisees, faculty/staff and students.
Research Foundation, Sodexo, O.A.S. and employees of College contractors should follow the policies and procedures established by their respective employers in compliance with Federal and State Laws. Please contact your Human Resources Office for assistance.

Types of Sexual Harassment
1. Quid pro quo – “this for that” – submission to sexual conduct is made a condition of employment or educational benefits. This applies when a person in a position of power, for example, a supervisor or faculty member, makes decisions that affect an employee’s work or student’s grades/performance based on whether the employee or student complies with his or her sexual demands.
2. Hostile Environment – unwelcome, pervasive, or continuous harassment, including sexual harassment, which creates an intimidating, hostile, or offensive
environment where one works or learns. This applies when harassing behavior by anyone causes the work or classroom environment to become hostile, intimidating or offensive and unreasonably interferes with an employee’s work or student’s education.

Harassment, including sexual harassment, is in the “eye of the beholder”—the person perceiving harassment—regardless of the intent of the harasser. When an individual is told that his or her behavior is unwelcome or it is perceived as harassment, the behavior must stop.
The Sexual Harassment Policy is not intended to inhibit or prohibit professional judgment on the content and presentation of academic material.
Harassment, including sexual harassment, can be experienced or caused by anyone regardless of gender.

Campus Safety Report

In compliance with the federal law, Title II “Campus Crime Awareness and Campus Security Act”, the SUNY College at Oneonta provides reports about campus safety and security programs, incidents of crime on campus, and information regarding registered sex offenders.  Copies of the campus safety and crime reports are available in the following locations:

Information concerning registered sex offenders is transmitted to the campus by the New York State Department of Criminal Justice Services (DCJS) and may be obtained from the Chief of Police, c/o University Police Department, and on the University Police website.

.

College Regulations

The College believes that every student should accept the consequences of his/her actions. Students are members of society and must have the individual responsibility of adhering to and answering to civil law. When infractions of criminal law occur on or off campus, the College will continue to cooperate with law enforcement authorities.

To maintain a responsible environment, the College feels that it is necessary to establish and enforce certain of its own regulations. Campus policies, however, are not and should not be unalterable. Periodically, students, faculty, and administration should review these policies.

The rules and regulations outlined in the Student Code of Conduct have been formulated to maintain a college environment within which individuals can develop at optimal levels.

CODE OF STUDENT CONDUCT

State University of New York College at Oneonta    

ARTICLE I: DEFINITIONS

1.    The term College means The State University College at Oneonta.

2.    The term "student" includes all persons taking courses at the College, both
full-time and part-time, pursuing undergraduate, graduate, or professional
studies and those who attend post secondary educational institutions other
than the State University College at Oneonta and who reside in College
residence halls. Persons who are not officially enrolled for a particular term
but who have a continuing relationship with the College are considered
"students".

3.   The term "faculty member" means any person hired by the College to conduct classroom activities.

4.  The term "College official" includes any person employed by the College, performing assigned administrative or professional responsibilities.

5.    The term "member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. The Vice President for Student Development shall determine a person’s status in a particular situation.

6.   The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College  (including adjacent streets and sidewalks).

7.   The term "organization" means any number of persons who have complied with
the formal requirements for College recognition.

8.  The term "judicial body" means any person or persons authorized by the Vice
President for Student Development, to determine whether a student has violated
the Student Code and to recommend imposition of sanctions.

9.  The term "Judicial Officer" means a College official authorized on a case by case
basis by the Vice President for Student Development to impose sanctions upon
students found to have violated the Student Code. The Vice President for Student
Development may authorize a Judicial Officer to serve simultaneously as a Judicial
Officer and the sole member or one of the members of a judicial body. Nothing
shall prevent the Vice President for Student Development from authorizing the
same Judicial Officer to impose sanctions in all cases.

10. The term "Appellate Board" means any person or persons authorized by the Vice
President for Student Development to consider an appeal from a judicial body's
determination that a student has violated the Student Code or from the sanctions
imposed by the Judicial Officer.

11. The term "shall" is used in the imperative sense.  

12. The term "may" is used in the permissive sense.  

13. The Vice President for Student Development is that person designated by the College President to be responsible for the administration of the Student Code.

14.  The term "policy" is defined as the written regulations of the College as found in, but not limited to, the Student Code, Residence Life License and Graduate/Undergraduate Catalogs.

15.   The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.

16.  The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

ARTICLE II: STUDENT CONDUCT

1. MISSION
As consistent with the aims of the Mission of the College and as citizens of the
community of Oneonta, students are expected to improve the society in which they
live and become productive members of that society. Therefore, any student whose
behavior, on or off‑campus, seriously compromises our mission or endangers the
lives, property, or physical welfare of members of the college community, must be
referred to the Standing Disciplinary Board.

2. ACADEMIC DISHONESTY
Academic dishonesty is defined as any act by a student that misrepresents or
attempts to misrepresent to an instructor or any College official, the proficiency or
achievement of that student or another student in any academic exercise for the
purpose of influencing a grade on a piece of assigned work, on an examination or
quiz or in a Course as a whole, or that is intended to alter any record of a student's
academic performance by unauthorized means.

A Student deemed guilty of an act of academic dishonesty may, depending on the
nature of the offense, be subject to one or more of the following measures: failure of
the assignment or examination, failure of the course, or dismissal from the College.
Furthermore, for a second offense, referral of the case to the Standing Disciplinary
Board is mandatory. The penalties that may be assessed by the Board are listed
under the Procedures of the Standing Disciplinary Board as published in this
publication; however, the normal penalty is suspension or dismissal.

It is the Student's responsibility to read and understand the policy on all aspects of
academic dishonesty as published in this publication and the Undergraduate
Catalog. However, individual faculty members may wish to explain the policy as it
relates to their courses. It is emphasized that a student who has any questions about
what constitutes academic dishonesty has the responsibility of clarifying them by
conferring with his/her instructors.

Examples of Academic Dishonesty:

The following examples, although not all-inclusive, are intended to help students
understand what constitutes academic dishonesty. Other acts should not necessarily,
be considered as falling outside the scope of this policy because of their absence
from this list.

• Plagiarism that is, using materials from another's work without acknowledgment, using quotations without  identification as such or paraphrasing without specific identification of the source.

• Copying and/or modifying another person's computer file, program, printout, or portion thereof for use in an assignment without permission of the instructor.

• Knowingly permitting one 's computer file, program, printout, or portion thereof to be copied or modified by another student for use in an assignment without permission of the instructor.

• Unauthorized giving or receiving of information on an examination, laboratory procedure, or other exercise.

• Taking an examination for another student or allowing another student to take an examination for you.

• Altering or attempting to alter a grade on any piece of graded work, a grade written in an instructor's personal records, or a grade written on any College form or transcribed in any official College record.

• Submitting a College form with a forged signature.

Unauthorized use of another person~ computer user code may not necessarily be regarded as academic dishonesty. It is, nevertheless, a misuse of College property, perhaps theft, and will be dealt with under the provisions of the College Regulations as published in this publication.

Procedures to be Followed When Academic Dishonesty is Suspected:

Faculty Responsibilities

•  Faculty members who encounter acts of academic dishonesty are required to report them in writing to the Student Development Office with a copy of the report to the department chair.

•  Whenever possible, the faculty member should impound the evidence of suspected dishonesty. If necessary, photocopies can be made in the Registrar's Office. Such evidence will not be returned to the student, but will be kept in the confidential files in the Student Development Office. 

• The faculty member should obtain such signed statements from students and other faculty as may be necessary to complete the documentation. The statements will be kept in the confidential files of the Student Development Office.

• Whenever possible, the faculty member should explain the nature of the suspected violation and to advise the student of the actions to be carried out as outlined in this policy.

• If a student admits to an act of dishonesty, the faculty member should obtain a statement to that effect signed by the student. The statement will be kept in the confidential files in the Student Development Office.

• Failure by the faculty member to execute any of these responsibilities will not constitute grounds for dismissal of charges against a student.

Student Responsibilities :

Students are encouraged to notify the instructor if they observe an act of academic dishonesty. If a student reports such an incident, the instructor shall be obligated to pursue the matter as indicated above. If, in the opinion of the student who has reported the incident, the instructor has not fulfilled his/her responsibilities in this matter, that student may take one or more of the following steps in an attempt to resolve the situation:

• Confer with the department chairperson.
• Confer with the Student Development staff.
• Confer with the student grievance committee of that department.
• Confer with the appropriate academic dean.
• Appeal in writing to the Subcommittee on Student Academic Grievances.

Actions to be Taken:

• If a Student admits having acted dishonestly when confronted by a faculty member and it proves to be a first offense, the student must at least receive a grade of "E" for the assignment or activity in question. The faculty member does, however, have the option of assigning the student an "E" for the course if he/she considers it appropriate. The faculty member must report, in writing, any action taken to Student Development with a copy of the report to the department chair.

• Without an admission of guilt, a faculty member may assign a grade of "E" for an assignment, for an activity or for the Course if he/she has proof that the student is guilty of academic dishonesty in connection with this work. These instances of academic dishonesty must be reported to the Student Development Office. In such cases, the student may appeal to the Vice President for Student Development and/or the Standing Disciplinary Board. 

• If, in the judgment of the Student Development Office, the nature of the case warrants it, a first time offender may be referred to the Standing Disciplinary Board of the College (see next section). 

• Subsequent violations must always be referred to the Standing Disciplinary Board. The penalties that may be imposed by the Board are published under the Procedures of the Standing Disciplinary Board in this publication.

• In cases where the student disputes a charge of academic dishonesty, the Student Development Office will be responsible for the investigation of the case and determining future action.

• In cases of dispute, the appropriate academic dean should be consulted by the Student Development Office or he/she may enter the case on his/her own initiative.

Appeal Procedures:

A student who disputes a decision by a faculty member may request to have
his/her case heard by the Standing Disciplinary Board. This request should be
submitted in writing to the Student Development Office.            

3.   ALCOHOL AND DRUGS

Possession, use, and/or distribution of illegal drugs, alcohol and/or prescription medication
not prescribed for you is prohibited.  

  1. ASSAULT/RECKLESS ENDANGERMENT

No person shall intentionally or recklessly cause physical injury or impairment or bodily harm to any member of the College community, or any person who is on campus for a legitimate purpose. No person shall recklessly engage in conduct that creates a substantial risk of serious injury to another person. 

  1. COMPUTER USE

The following documents are available from the campus home page at http://www.oneonta.edu/general/policies/policies.asp and explain the campus expectations regarding the use of campus information technology. 

Policy for Use of Campus Information Technology

User Code Agreement

Policy on Privacy and Use of Computer User Accounts and Electronic Mail

General Guidelines for College at Oneonta World Wide Web Pages

Digital Millennium Copyright Act Information

These documents apply to all information technology facilities, labs, and resources on campus. Use of information technology facilities and resources applies to, but is not limited to, the use of desktop Computers, notebook computers, mainframe computers, servers of any kind, computer networks, network connections, modem connections and any other device that involves computing and/or network connectivity. It also applies to computer files, programs, or data stored on floppy disk, hard disk, magnetic tape, CD-ROM, cartridge, removable hard drives, zip drives, or any other storage media. Information technology facilities and files owned by others should be used or accessed only with the owner's permission. The college information technology facilities are for the exclusive use of currently enrolled SUNY College at Oneonta students, faculty, staff, and retired faculty, retired staff, and "friends of the College" with a valid user code. 

  1. CRIME

Students who have been duly convicted of any crime or violation, on or off campus, other than a traffic infraction may be subject to college discipline.   

  1. DEMONSTRATIONS

Our constitution and our courts guarantee the right to dissent. The College is one institution within our society where this right is not only fundamental, but also essential. The right may be exercised by the use of written or spoken words, by acts such as picketing and by "peaceable" mass assembly and demonstrations, subject to College regulations on time, place and manner of such activity.

The First Amendment protects the right to assemble and to petition, but it requires   
that the right be peaceably exercised. The College will not tolerate the deliberate
disruption of the work or movement of others nor will it condone violence or physical
interference with the facilities or functions of the campus. If protestors (or
anti‑protestors) resort to the use of violence or physical interference, College
officials may, without delay, invoke the use of legitimate authority to remove all
violators.

The goal of the College is to provide the best possible educational environment. An
essential part of this commitment is the necessity to maintain genuine academic
freedom and to preserve the right of all members of this community to question,
debate, criticize, and dissent peaceably. These cannot be preserved in the
presence of force and violence or the threat of force and violence that interferes
with or obstructs the work and activity of other members of the College
community. [See the Trustees Rules for the Maintenance of Public Order] Therefore:

a. Unauthorized occupation of College facilities, or 

b. Violent conduct or the threat of violent conduct that obstructs or disrupts           College activity will result in immediate steps to impose appropriate disciplinary action, including possible expulsion, under established procedures, on any student who engages in conduct that unreasonably interferes with the freedom of movement of persons on this campus or with the normal functions of the College.

c. The use of amplifying equipment in the academic quad is prohibited when classes are in session, unless approved by the Vice President for Student Development or his/her designee.

  1. DISORDERLY CONDUCT/HARASSMENT/ABUSIVE BEHAVIOR

No person shall engage in any disorderly behavior with intent to disrupt the College's academic environment or the provision of college services. No person shall recklessly create a public inconvenience or disturbance or a risk thereof. Prohibited behavior includes, but is not limited to, fighting, making unreasonable noise, using abusive or obscene language or gesture in a public place, disturbing a lawful meeting, obstructing pedestrian or vehicle traffic, or creating a hazardous or physically offensive situation by an act which serves no legitimate purpose. Harassment, threats, or verbal or physical abuse are prohibited.

9.   DISRUPTIVE CLASSROOM BEHAVIOR

Instructors have a responsibility to maintain an effective learning situation in their classrooms and to deal promptly with any disruptions that interfere with the learning situation. The instructor is in charge of his/her classroom. If he/she feels that a student is interfering with the right of other Students to profit from attendance in that classroom or if he/she feels that he/she is being unreasonably hindered in the presentation of subject matter, the instructor has every right to eject the offending student from class and/or notify the Student Development Office of the student’s behavior. Either course of action should be taken with discretion and only for reasonable cause.  

If a student is ejected from the class, it shall be for that class period only and the instructor should immediately submit a written report of the incident to the Student Development Office and a copy to the student and the appropriate academic dean. (If the incident involves physical violence, a report should also be made to the University Police.) Upon receipt of the report, the Director of Judicial Affairs will immediately schedule an interview with the student to discuss the incident. Any subsequent incident reported to the Vice President for Student Development involving the same student in any class will result in administrative action by the Student Development Office and possible referral to the Standing Disciplinary Board of the College. The consequences of such action may include denying the student further access to the class or other disciplinary action, including dismissal from college.  

  1. FAILURE TO COMPLY

Failure to comply with reasonable and lawful requests or directives of College officials or law enforcement officers acting in performance of their duties and/or interference with faculty, staff, or student staff acting in the performance of their official duties will result in disciplinary action. 

  1. FALSE ADMISSION APPLICATION

Applications for admission to any SUNY institution require disclosure of all previous college attendance. In cases where students are found not to have declared all such attendance, the Committee on Student Progress and Status will review the record. If the Committee decides that there is ground for disciplinary action, the case will be referred to Student Development for action by the Standing Disciplinary Board. If the student is found to have falsified the application after a hearing, the penalty may be immediate dismissal from the College. 

  1. FALSIFICATION OF INFORMATION

Furnishing false or misleading information to the College or other similar forms of dishonesty in College regulated affairs, including knowingly making false oral or written statements to any College official or hearing body, will result in disciplinary action. Forgery, alteration, or misuse of University documents, personal records or identification, such as possessing a forged instrument (fake driver's license), is prohibited. 

  1. HAZING

No person, either singly or in concert with others, shall for the purpose of initiation into or affiliation with any organization or group, recklessly or intentionally take any action or create or participate in the creation of any situation that endangers the mental or physical health of another person. No person shall take any action or create any situation, whether on or off campus to produce embarrassment, humiliation, harassment or ridicule. This includes, but is not limited to the forced consumption of liquor, other liquids, legal or illegal drugs, food or condiments. Further, it shall not constitute a defense to the charge of hazing that the participant(s) took part voluntarily, that they voluntarily assumed the risks or hardship of the activity, or that no injury was suffered.

  1. HEALTH

Students may be dismissed from the College when they have a health condition that may endanger the health of other students, or themselves. 

  1. IDENTIFICATION

Failure to show proper student identification or other identification to any faculty, staff, or student staff in the performance of their official duties will result in disciplinary action. All students are required to carry their identification with them at all times. 

  1. LIBRARY

The library is a place for study, research and instruction. Reasonable standards of conduct are expected in order to reflect the educational purpose of the college, to protect the rights of library users and to safeguard college property. The library staff is empowered to assure compliance with regulations supporting the appropriate use of the library. The following behaviors are prohibited: disruption or prevention of regular library activities; the unauthorized removal, defacing, mutilating or theft of library materials; damaging the library building its furnishings or equipment; and, smoking in any part of the library building. Students who violate these guidelines are subject to college disciplinary action and criminal prosecution where appropriate. 

  1. MISUSE/DESTRUCTION OF PROPERTY

Misuse of any property belonging to the College or in the possession of the College may result in dismissal from the College.  Dismissal shall not preclude the necessity for repair or replacement of such property. Library materials, animal and plant materials, etc. shall be considered College property. Furnishings and fixtures, and equipment and supplies of College buildings and buildings leased from the Dormitory Authority shall also be considered College property. 

  1. ORDINANCES

    Any student convicted of more than one violation of any ordinance(s) of the City or Town of Oneonta, excluding parking ordinances, will be referred to the College Judicial System.

  2. RESIDENCE HALL LICENSE

    Students living on campus or visiting a residence hall are required to comply with all policies and procedures as outlined in the Residence Hall License.
  1. SEXUAL MISCONDUCT

The State University of New York College at Oneonta condemns and prohibits sexual misconduct in any form. Sexual misconduct will not be tolerated by this campus and will be dealt with by appropriate disciplinary action. 

Sexual Assault can be defined as one or more of the following:

Rape: forcing or coercing someone to have sexual intercourse. Rape most
often involves 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; threat of force, expressed or implied is itself 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 consumption

• mentally "Incompetent"

• asleep 

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 threats, physical restraint or physical violence, or without consent. 

Sexual Abuse: forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances mentioned above. 

Sodomy: forcing or coercing a man or woman to engage in any deviate sexual contacts under the circumstances mentioned above. 

Sexual Harassment: defined as unwelcome sexual advances, request for sexual favors, or other sexually degrading verbal or physical conduct. A complete statement concerning sexual harassment is detailed in the front of this publication. 

Where there is probable cause to believe the College's regulations prohibiting sexual misconduct have been violated, the College will expedite strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the College. 

An individual charged with sexual misconduct will be subject to College disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending. 

The College will make every effort to be responsive and sensitive to the victims of these serious crimes. 

Protection of the victim and prevention of continued trauma is the College's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the Director of Judicial Affairs will be held to determine the need for modifying the living arrangements. Assistance for any other personal or academic concerns will be reviewed and options provided.

During the disciplinary process, the victim's rights are:  

• To have a person or persons of the victim's choice accompany the victim throughout the disciplinary hearing. 

• To remain present during the entire proceeding.

• As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing. 

• To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code. 

• To be informed immediately of the outcome of the hearing. 

During the disciplinary process, the rights of the accused are as described under the Due Process Procedure of the College Judicial System section of this Code. These rights will be reviewed with the accused by the hearing officer and/or the Director of Judicial Affairs.

Information and Assistance :

If you believe you have been sexually assaulted in any way, you should seek assistance. If you are in continuing danger, call University Police immediately at 436-3550. It is important not to bathe, douche, change your clothes, or rinse your mouth. If there is any possibility that you will report the crime, you don't want to destroy the evidence. You may choose to seek support from your R.A. or Residence Hall Director, or you may wish to contact the PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault). PAIRS is a 24 hour confidential campus resource with trained professionals available for immediate support and advocacy. To request PAIRS services, call University Police at 436-3550. University Police is available to assist you as well. University Police Officers have your well being as their primary concern. They have been trained to treat you with respect and sensitivity. The officer will ensure that you are promptly taken to a physician for medical care and, if appropriate, for collection of evidence. At your request, University Police will contact a member of PAIRS to provide immediate support. If you wish to file charges, University Police will assist you. You have the option of reporting the crime to the local police and assistance in this matter will be provided at your request.

Individuals who have been sexually assaulted frequently experience physical and psychological trauma. Even if you decide not to report the incident to the authorities, for your own well being, it is important to consider the confidential assistance of medical and counseling professionals.

Campus Resources:                                                                          

University Police ………..……………..436-3550 

Health Center ………………………... 436-3573  

Counseling Center …………………….436-3368

PAIRS ............................…………......436-3550  

Community Resources:  

The Violence Intervention Program, The Domestic Violence/Sexual Assault 24 hr. hotline....................................................432-4855                                                                                                  
Oneonta Police Department………........432-1111

A.O. Fox Memorial Hospital …….........431-5000

New York State Police ………….........432-3211  

Educational Programs

Educational programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community, by University Police and Student Development staff. The PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault) present ongoing programs for resident students, sororities/fraternities, and other groups.

21. THEFT/POSSESSION OF STOLEN PROPERTY/CRIMINAL MISCHIEF

No person shall take, or intentionally or recklessly damage, or knowingly possess property other than his/her own without the consent of the owner, or intentionally impede recovery by the owner or College officials acting on behalf of the owner.

22. TRESPASSING

No person shall knowingly enter into and/or utilize any College facility or service without proper authorization. No person shall knowingly enter a facility that they have specifically been prohibited from entering as per a judicial sanction.     

23.  WEAPONS

Possession or keeping of a deadly instrument on campus (including in any vehicle) or use of any object with intent to harm another is prohibited. This includes, but is not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka‑sticks, sling shots, kung fu type weapons, fireworks, firecrackers, CO‑2 type firearms, spring‑powered firearms, chemical or pepper aerosol spray. Violators will be subject to criminal prosecution and/or disciplinary action from the College. 

24. SKATEBOARDING & ROLLERBLADING

All persons using skateboards or rollerblades are expected to use the equipment in a manner that is considerate of others and College property. Pedestrians always have the right of way. Persons who use the equipment recklessly or without care of others and College property may be subject to removal from campus and disciplinary action. Prohibited behavior includes, but is not limited to, engaging in tricks (sliding, jumps, etc.) on College grounds or which involve College property. The use of this equipment inside campus buildings is prohibited.

ARTICLE IIICOLLEGE  JUDICIAL SYSTEM       

The judicial process includes three levels of adjudication. At the lowest level, cases are heard by residence hall directors.  At the next level, cases are heard by a Student Development administrator, usually the Director of Judicial Affairs or Office of Residential and Community Life administrators. At the highest level, cases are heard by the Standing Disciplinary Board (SDB). Nothing in these procedures implies that civil or criminal action cannot be taken independent of this judicial system in appropriate cases. The College reserves the right to make public, within the guidelines created by the Department of Education, the outcome of disciplinary hearings.

The Director determines the level at which cases will be adjudicated. Cases in which the accused student may be suspended will be heard by the Director of Judicial Affairs or SDB; if dismissal is a possibility, the case will be heard by the SDB. There are the following exceptions:

1.    If the case cannot be heard by the SDB in a timely manner, it may be adjudicated by the Director of Judicial Affairs or designee.

2.   A student who is facing suspension and is informed that the case will be heard by the Director of Judicial Affairs may request in writing that the case be heard instead by the SDB.  The written request should be submitted to the Director of Judicial Affairs within 24 hrs of the student having been informed of the hearing.  

Due Process Procedures for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

1.   The student who has been accused of a violation will be informed of the charges in writing or   orally at the time of the administrative hearing.

2.   The student will be informed of the nature of the evidence against him/her.

3.  The student has the right to make statements and present witnesses on his/her behalf.

4.  The student may ask that the administrative hearing be postponed for 24 hours in order to have time to call witnesses or to gather witness statements.

5.  The student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.

6.   Decisions about violations of the Student Code will be based on the preponderance of evidence. 

If a student is found responsible for a Code of Conduct violation, an administrative hearing officer may impose any one or more of the sanctions below. A Residence Hall Director may impose any one or more of the sanctions below with the exception of numbers one and two. There are many factors that are considered in determining the appropriate sanction(s). History of previous violations will be considered when determining sanctions. Code of Conduct violations that are bias related may incur a more severe sanction.

Administrative Hearing Sanctions

  1. Suspension means withdrawal from the College for a specified period of time. If the student is suspended for the semester in which he/she is currently enrolled, no academic credit for any of his/her courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the period for which he/she has been suspended. 

  2. Restrictive disciplinary probation is given for a specific period of time. During that probationary period, the student may not represent the College in any way nor hold elective or appointive office in any organization related to the College, nor participate in interscholastic  or intramural sports, nor participate in any theatrical performance that is not part of class assignments, nor receive public recognition in any way. The student may, however, be a member of any club or recognized student organization. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other College regulations during the period of his/her probation, he/she may be suspended or expelled.

  3. Probation 2 imposes no restriction on the activities of the individual involved, but indicates that for the time specified by the hearing officer; the student may be suspended or expelled if he/she is found responsible to have violated any additional College regulation.

  4. Probation 1 means that the student should understand that any future policy violation will result in further judicial review.
  5. Residence Hall License Revocation means that the student may be immediately removed from campus housing and not permitted in any residence hall for any reason indefinitely.
  6. Residence Hall Transfer means a student may be relocated to another residence hall as appropriate.
  7. Residence Hall Ban means a student is no longer permitted to visit a specific hall.

  8. Restitution of property may be required when appropriate.

  9. Educational sanctions may be assigned when appropriate.

Appeal Process for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

1.     A decision and/or a sanction may be appealed.  The appeal must be in writing and should be delivered to the Director of Judicial Affairs or designee within 5 class days of the hearing.

2.      For cases that were heard by residence hall directors, the appeal will go to the Director of Judicial Affairs.

3.      For cases that were heard by the Director of Judicial Affairs or Office of Residential and Community Life administrators, the Vice President for Student Development or his/her designee will review the appeal.

4.      The appeal process will consist of a review of the records of the administrative hearing and the supporting documents.  The appeal process will not include a new hearing. The following exceptions apply:

a.        If the appeal presents new evidence that was not available at the time of the administrative hearing, the student may be called to discuss the evidence.

b.       If it is found that the student’s due process rights were violated at the administrative hearing, the case will be heard again by an individual appointed by the Vice President or his/her designee.

5.        The individual who reviewed the appeal will respond to the appeal in writing.

6.        If the appeal is upheld, the individual who reviewed the appeal may make changes in sanctions or may refer the case for a new administrative hearing.

7.        If the appeal is upheld, sanctions may be reduced but may not be increased.

8.        Students are limited to one appeal for each hearing.

Grounds for Appeals for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers

The written appeal will be considered if it includes at least one of the following:

  1. The student demonstrates that the hearing was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.
    (See Due Process Procedures for Cases Adjudicated by the Residence Hall Directors and Administrative officers.)
  2. The student demonstrates that the decision that was reached was not based on substantial evidence.  That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.
  3. The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.
  4. The student brings forth new evidence or other relevant facts that were not brought forward at the time of the hearing because they were not known to the student at the time of the hearing.

Due Process Procedures for Cases Adjudicated by the Standing Disciplinary Board:  

  1. The student who is accused of a violation of the Student Code will be given notice of the  hearing in writing 48 hours prior to the hearing.
  2. The student who is accused of a violation shall be informed of the nature of the evidence against him or her.
  3. The student who is accused and students who have made a complaint against a student have the right to make statements and present witnesses.
  4. Students who are accused will be made aware of all known testimony against them, with written summary or copies available on request.
  5. Students who are accused and students who have made complaints have the right to be assisted by an advisor, at their expense.  The advisor cannot speak for the advisee or present the case or participate directly in the hearing.  The advisor may be an attorney.
  6. A student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.
  7. Decisions about violations of the Student Code will be based on the preponderance of evidence.

Appeal Process for Cases Adjudicated by the Standing Disciplinary Board

  1. A decision and/or a sanction may be appealed.  The appeal must be in writing and should be delivered to the Director of Judicial Affairs or designee within 5 class days of the hearing.
  2. The appeal process will consist of a review of the records of the SDB hearing and the supporting documentsThe appeal process will not include a new hearing. The following exceptions apply:

    1. If new evidence is brought forward that was not available at the time of  the hearing by the SDB, the student may be called to present the evidence.
    1. If it is found that the student’s due process rights were found to have been violated, the case will be heard by the Vice President’s designee.
  1. The records will be reviewed by the Vice President for Student Development or his/her designee. The Vice President for Student Development or designee is the final source of appeal in all cases that have been heard by the Standing Disciplinary Board.
  2. The Vice President or his/her designee will respond to the appeal in writing.
  3. If the appeal is upheld, the Vice President or his/her designee may make changes in sanctions or may refer the case back to the SDB.
  4. If the appeal is upheld, sanctions may be reduced but may not be increased.
  5. Students are limited to one appeal for each hearing.

Grounds for Appeals for Cases Adjudicated by the Standing Disciplinary Board

The written appeal will be considered if it includes at least one of the following:

  1. The student demonstrates that the hearing by the SDB was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.

(See Due Process Procedures for Cases Adjudicated by the SDB.)

  1. The student demonstrates that the decision that was reached was not based on substantial evidence.  That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.

  2. The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.

  3. The student brings forth new evidence or other relevant facts that were not brought forward at the time of the SDB hearing because they were not known to the student at the time of the hearing.

Jurisdiction of Individual Boards (Optional)

Student Supreme Court: This court shall be concerned with matters pertaining to the Student Association. They also shall rule upon the constitutionality of any action or motion carried out or passed by any member of the Student Association, by any official of the Student Association, elected or appointed, or by any of its organizations. The Student Supreme Court has no jurisdiction in disciplinary matters.

Standing Disciplinary Board

This board will hear all disciplinary cases referred to it by the Student Development Office, e.g., plagiarism (see regulations about plagiarism and cheating in this publication), unauthorized entrance into offices of faculty members, and other violations of College rules and regulations.

The Vice President for Student Development may immediately suspend a student on an interim basis pending a full hearing when his/her continued attendance constitutes a clear and present danger. The College reserves the right to impose a deadline for a student to decide whether to request a Board hearing or withdraw from the College with a transcript notation. It is understood that in all sections of this policy where reference is made to the President of the College, the meaning shall be the President or his/her designee. The student will be given the opportunity to meet with the Vice President for Student Development or designee within 24 hours after the interim suspension to discuss the propriety of the suspension.

Upon agreement of the accused and the accuser, the case may be handled administratively by a member of the Student Development staff with the right of appeal being guaranteed. The appeal route is outlined, and it is the right of any of the accused to appeal. The following penalties may be imposed when administrative action is taken: educational sanctions, dismissal from residence, letter of reprimand, general college probation, residence hall probation, restrictive disciplinary probation or suspension.  

1. The Standing Disciplinary Board shall consist of:  

(a) Four faculty members. Three members to be elected by the faculty at large from a slate of at least three nominees for each position. These nominees shall be nominated by a committee consisting of the President of the College, Vice President of the College, Vice President for Student Development, and the chairperson of the Committee on Student Development. These faculty members will serve a three year term. Additionally, one faculty member on the Standing Disciplinary Board will be selected from and by the Committee on Student Development. He/she will serve a one year term and may be reappointed for subsequent years.

(b) Three students to be appointed by the President of the College following consultation with the President of the Student Association. The students will serve a one year term. Two students shall be appointed to begin service in the spring semester and one student shall be appointed to begin service in the fall semester.

2. Non-Voting Members  

(a) The Vice President for Student Development or his/her designee shall serve as a consultant to the Board.

(b) The President of the Student Association shall serve as liaison between the Student Association and the Standing Disciplinary Board and shall be present at hearings at which the Student Association may be affected.

Procedures

A. The chairperson of the Disciplinary Board shall be one of the faculty members elected by a majority vote of the faculty and student members of the Board at its first meeting of the academic year. He/she shall have one vote, to be used only in the event of a tie vote among the other members of the Disciplinary Board. The chairperson shall be responsible for calling and convening meetings of the Disciplinary Board whenever the need for such action has been called to his/her attention.

B. Each of the three other faculty members and each of the three student members shall have one vote.  

C. The Disciplinary Board shall consider cases of student misconduct in accordance with the procedures outlined by the College judicial System. Cases shall be referred to the Disciplinary Board under the following circumstances:  

1. Any student or student group, whose misconduct, in the estimation of the Student Development Office, might result in the student's suspension or expulsion may be referred to the Disciplinary Board.

2.  A student or student group has the right, by request to the Director of Judicial Affairs, to have reviewed by the Disciplinary Board any action taken against him/her or them by any other board, committee or individual other than the President of the College.

3. Any behavior on or off campus in which a student acts in such a way as to adversely affect the campus, members of the campus community, or its educational mission may be subject to referral to the Disciplinary Board.

4. Any member of the College community may suggest to the Director of Judicial Affairs that a student's case be referred to the Disciplinary Board. This applies to any individual.

D.   Due process procedures for boards within the College judicial structure have been  outlined in a previous section. The student or student group under disciplinary consideration shall be given explicit notice, preferably in writing, within 48 hours of the time and place of a hearing and the specific offense(s) of which he/ she or it is charged. Such notification shall be provided by the Director of Judicial Affairs with duplicate copies sent to the chairperson of the Disciplinary Board.

E. All testimony in a hearing shall be as direct as possible. If witnesses cannot appear, written signed  statements shall be secured from them. The signing of written statements shall be witnessed by at least one other individual. Where possible, that witness shall be the Director of Judicial Affairs.

F. Voting shall be by means of a secret ballot with a simple majority determining the results. Where a penalty is imposed, the student shall be informed explicitly of its nature and limits. The Student Development Office shall be notified of the action taken in each case and shall be responsible for insuring that the penalty be imposed. That office will present to the student a written, detailed explanation of the penalty to be imposed and the reasons for the finding(s).

G. An accurate record of all hearings, including the vote, shall be kept in a confidential file. In cases of suspension or expulsion, a copy of the hearing results shall be sent to Associate Vice President for Student Development.

H. The Disciplinary Board shall have the authority to recommend penalties as outlined in this code. When suspension or expulsion is indicated, the Associate Vice President for Student Development will review the recommendation and determine the final sanction.

I. The student or student group may appeal the actions of the Disciplinary Board by presenting his/her or its appeal to the Vice President for Student Development or his/her designee. The student shall be informed of his/her or its right to such appeal.

J. A written description of the College judicial procedure shall be made available to any student or group under disciplinary consideration. The following penalties may be imposed by the Disciplinary Board:

1. Dismissal implies expulsion from the College for an indefinite length of time. The student who is dismissed from the College may expect that only unusually mitigating circumstances will result in his/ her readmission to the College.  

2. Suspension means withdrawal from the College for a specified period of time. If the student is suspended for the semester in which he/she is currently enrolled, no academic credit for any of his/her courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the period for which he/she has been suspended.

3. Restrictive disciplinary probation is given for a specific period of time. During that probationary period, he/she can not represent the College in no way nor can he/she hold elective or appointive office in any organization related to the College. He/she may not participate in interscholastic or intramural sports. He/ She may not participate in any theatrical performance that is not part of his/her class assignments. He/she may not receive public recognition in any way. The student, however, may remain a m any club that he/she prefers. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other College regulations during the period of his/her probation, he/she may be suspended or expelled.

4.   Probation 2 imposes no restriction on the activities of the individual involved, but indicates that for the time specified; the student may be suspended or expelled if he/she is found responsible for violating any other College regulation

5. Recommend restitution of property when appropriate.

6. Educational sanctions may be assigned when appropriate.

K. There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the College.

The Standing Disciplinary Board may dismiss charges against the student where it feels the original charges were not warranted.

Parent Notification Policy

Parents of all students under the age of twenty-one will be notified for drug and alcohol on campus violations if a student is referred to checkpoint, an alcohol/drug workshop.  Additionally, notification will occur if a student is sanctioned beyond residence hall probation for a drug or alcohol violation, and if a student is referred to the College Standing Disciplinary Board.

Transcript Notation Policy

Because of the seriousness of disciplinary board cases, the College will record the outcome of certain disciplinary action on a student's transcript, in the form of a transcript comment. In disciplinary cases involving withdrawal prior to a disciplinary hearing, Interim Suspension, Suspension, or Expulsion, the student's academic transcript shall be noted as follows:

Withdrawal: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Readmission subject to Student Development Hearing." Comment is removed if a student is readmitted.

Disciplinary Interim Suspension (pending a SDB hearing): Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily suspended on (date)."

Disciplinary Suspension: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily suspended until (date)." Comment is removed when the term of suspension expires.

Disciplinary Expulsion: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily expelled on (date)."

After five years from the date of the student leaving the College for withdrawal pending disciplinary hearing, Disciplinary Interim Suspension, or Disciplinary Expulsion, the student may petition the Vice President for Student Development to have the transcript comment removed. It is the student's responsibility to provide substantial evidence, which supports the petition and provides documentation of their activities (work, education, etc.) since their exit from Oneonta.

Interpretation and Revision

A. Any question of interpretation regarding the Student Code shall be referred to the Vice President for Student Affairs or his/her/designee for final determination.

B. The Student Code shall be reviewed annually under the direction of the Director of Judicial Affairs.

ARTICLE IV: ADDITIONAL POLICIES

1. HIV/AIDS

The State University of New York College at Oneonta will respond to each HIV infection case as require by its particular facts. Persons with AIDS or HIV infection will be assured of classroom attendance, work areas, residential housing, access to public facilities and common areas. The College will not tolerate cases of harassment where students or employees who are either known to be or suspected of being HIV positive are subjected to emotional and/or physical abuse. Confidential information concerning HIV infection status will not be provided to any person, group, agency, insurer, employer, or institution without the prior written consent of the person. The College health service will observe public health requirements by reporting cases of AIDS to the local public health authorities.

2.Visitors to Campus

All visitors and guests on campus will be expected to conform to all College and living center regulations. Those who do not will be required to leave the campus. In the event of law violation or noncompliance with a request to leave, he/she shall be considered a trespasser and the campus law enforcement authorities will be notified.

3. Smoking

Smoking is prohibited in all College buildings except in certain designated areas. Such areas are identified by "Smoking Permitted" signs. Areas without such signs should be understood to be no smoking areas. Smoking is defined as the carrying or use of a lighted cigarette, cigar, or other form of smoking device.  

4. Public Display

·         Nature of display shall be approved by the appropriate college officer or
department.

·         Each poster shall be identified as to its sponsor.

·         Any member of the College community may display any notice, poster, or petition providing it complies with the above sections. (Commercial notices must be cleared through the office of the Director of the College Union.)  

5. Display of Flags or Banners

The College will display on its several campus, no flag or banner other than the Flag of the United States, the Flag of the State of New York, the United Nations Flag, and the Red Cross Flag, and the College will not permit the display of any such other flag or banner requiring the use of public facilities or premises of the College.

6. Class Attendance

Students are expected to attend all classes for which they are registered. Attendance policies may be determined by the individual instructor. Hence, the professor is the person directly responsible for notifying his/her students of attendance requirements. Beyond that point, the primary responsibility for attendance rests with the student.

It is also understood that students who miss work for whatever reason, however legitimate, are responsible for that work. In other words, although an absence may be excused in the sense of being officially explained, the student is not excused from knowing course material or satisfying course requirements. It is also apparent that at times an absence in itself may mean that students have missed a part of the course experience that cannot be duplicated. It is up to the instructor to determine the degree of make‑up experience that is possible or necessary.

The main business of the College is instruction. Instruction takes precedence over vacations, bus schedules, or personal convenience. Classes before and after vacations are a significant part of instructional time. Instructors include significant materials in these classes, and at their discretion schedule examinations or other written assignments for those days.

Instructors are asked to give special consideration to students who wish to be absent for reasons of religious observance. Instructors are asked not to reschedule their classes to extend a vacation.

a.        Attendance During the First Week of Classes

It is the student's responsibility to indicate his/her intention to attend each course for which he/she is registered. Therefore, a student must attend the first class in each course, as well as the first laboratory (if applicable) or the instructor may declare the student's place vacant, give it to another student and report having done so to the Registrar's Office.

If an illness or unavoidable circumstance prevents the student from attending the first class or the first laboratory, the student must notify the instructor or the department office of his/her intention to attend the course. If neither can be reached, then the student may ask the Student Development Office to notify the instructor or the department office. Such notification must occur during the first three class days of the semester.

b.       Athletic Absences

Students on College athletic teams should not be required to attend class at times that conflict with official intercollegiate athletic contests in which their team is engaged. Neither should such students be penalized for athletic absences by being denied the same opportunity to make up the work or demonstrate competence that would be given any other student with legitimate reason for absence, such as illness or a co-curricular field trip. Athletic absences should be treated as legitimate absences.

7.  A student whose behavior appears to pose a threat to themselves or others may be      subject to involuntary evaluation and/or involuntary leave of absence from residence halls or from the College.  Involuntary leave is based on the direct threat standard, an objective finding of a high probability that the student may cause substantial harm to themselves or others.

Procedures

a. Whenever the behavior of a student appears to pose a serious threat to the health or safety of the student or others or to the functioning of the College, the Vice President of Student Development (VPSD) or designee may direct  the student to participate in a psychological evaluation to be conducted by a staff member at the Counseling Center.  The student must initiate the evaluation process within 48 hours of being informed that it is required.  The student may be evaluated by an external evaluator with the approval by the VPSD; the College will provide information to the external evaluator about the student’s status on campus. 

As part of the evaluation, the student may be directed to release information from medical and/or psychological practitioners who have previously treated her/him; other campus resources may also provide information.  The evaluation will assess the following:

1.  The nature, duration, and severity of the risk that the student poses to the safety of self or others.

2.  The likelihood that the student’s threat to the safety of self or others will continue if the student remains  in a residence hall and/or as a student.

3.  Actions, if any, that could be taken to manage and/or reduce the student’s risk to self and/or others.

b.  A student who has been directed by the VPSD or designee to participate in a psychological evaluation may be subject to interim suspension from the College and/or interim revocation of his/her campus housing license until the evaluation is completed.  The student may meet with the VPSD or designee within 24 hours of the suspension to address the evidence.

c.  Upon completion of the psychological evaluation, the student will meet with the VPSD or designee.  The VPSD or designee may initiate remedies and/or involuntary leave procedures for the student from residence halls and/or the College.  The decision of the VPSD or designee is final.  The student will be subject to the regulations for leaves of absence regarding refunds, grades, etc.

d.  A student who has been involuntarily placed on leave from the College and/or residence halls may at any time make a request to return by providing documentation from an appropriately licensed mental health professional who follows the assessment model provided in IV. 7. a. above. The documentation should be accompanied by a written request from the student and submitted to the VPSD or designee.

The involuntary leave will not be reversed until such documentation is received by the VPSD and is evaluated by a staff member at the Counseling Center.  The student may be required to participate in an additional evaluation by Counseling Center staff.  All evaluative material will be reviewed by the VPSD or designee who will then determine if the involuntary leave will be reversed; the VPSD or designee may designate conditions for the student’s return. 

e.  Behavior which is in violation of the Student Code of Conduct may also be subject to disciplinary action under the Code.

APPENDIX A : POLICY STATEMENT ON DRUGS AND ALCOHOL

Compliance with the Drug Free Schools and Communities Act of 1989

The College at Oneonta hereby prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on our property or as any part of our institutional activities.

The College will impose sanctions on students and employees who violate this policy consistent with local, state, and federal law. Students will be subject to the judicial procedures specified in this publication. Other corrective action may include the completion of an appropriate rehabilitation program.

The College will interpret local, state, and federal regulations in the strictest sense to assure a drug free work place.

The College, on an annual basis, will provide to each student and employee information describing the health risks associated with the use of illicit drugs and the abuse of alcohol.

The College is committed to offering employees and students counseling and/or referral to the appropriate agencies for problems associated with drugs and alcohol. For students, the campus Counseling Center is available for confidential counseling and referrals.

Finally, the College at Oneonta commits to biennial reviews of our programs associated with this statement to determine program effectiveness and implement necessary changes. It is also our intention to assure consistent applications of this policy to all students and employees alike.  

College Regulations Regarding Alcoholic Beverages

The College has an obligation to develop policies and procedures that reflect our relationships to the larger Oneonta community and to New York State. The campus alcohol policy has been revised because of legislative amendments to the New York State Alcohol Beverage Control Law. The College will, however, continue to stress the importance of alcohol education within the campus community. As is true with any policy or regulation, voluntary compliance is essential for its successful implementation. 

While procedures have been developed for addressing violations of the campus alcohol policy, respect for issues of student privacy and security from unreasonable intrusions will be consistent with policy and past practice.

The College will comply with the requirements of the New York State Alcohol Beverage Control Law. Amendments to the law provide that, "No person under the age of 21 shall possess any alcoholic beverage with the intent to consume such beverage." College regulations pertaining to this law will be implemented in the following manner:

Residence Halls

Alcoholic beverages are not permitted in residence halls and no events will be approved in which alcohol will be served or consumed. Residents are subject to all local and state laws concerning the use, possession, sale, and transportation of alcoholic beverages.

Other Areas

College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted. 

Occasional Service

Upon approval of the Hunt College Union Director, alcohol may be served at specifically approved student functions under the application procedure described below. These functions must be serviced only by the Organization of Ancillary Services designated by the Hunt College Union Director. Beverage service will be operated in accordance with federal, state, and local laws under the license obtained by the Organization of Ancillary Services of the State University of New York in Oneonta.

Application to Serve Alcohol

Individuals or organizations requesting alcohol service must do so by completing the appropriate College Activity Registration forms and submitting them to the Director or his/her designee, no later than 30 days before the proposed event. The Director, in consultation with appropriate divisions of the College and OAS, will inform the applicant of the decision within 48 hours of the receipt of the application.

Violations (resulting from “occasional service” as outlined above)

Violation of this policy will result in appropriate disciplinary sanctions up to and including dismissal, as provided for under established College judicial procedures. While students are subject to the provisions of campus alcohol policy, the following information is provided regarding provisions of the Alcohol Beverage Control Law:

*Violators are subject to a fine of up to $50 per offense, but are not subject to arrest. Alcoholic beverages involved in alleged violations of this law may be seized by authorized law enforcement officials, including campus police officers. Disposal and destruction of seized alcoholic beverages are also authorized but cannot be carried out until three days after the initial appearance date, unless otherwise ordered by a court.  

* Persons under the age of 21 who present falsified or fraudulently altered proofs of age for the purpose of purchasing or attempting to purchase alcoholic beverages are guilty of a violation, punishable by a fine up to $100 and a community service requirement of up to 30 hours. Previously, violations of this section were punishable only by the imposition of a one year probationary period and a fine. 

* A person under the age of 21 who represents an altered New York State driver's license for the purpose of illegally purchasing an alcoholic beverage may be subject to a suspension of that driver's license for up to 90 days and may also be required to apply to the Department of Motor Vehicles for a restricted use driver's license following the suspension. 

* No person shall sell, deliver, give away, permit, procure to be sold, delivered, or given away, any alcoholic beverages to any intoxicated person or any person under the influence of alcohol.

*Any person who shall be injured in person, property, means of support or otherwise by an intoxicated person, or by reason of the intoxication of any person, whether resulting in his/her death or not, shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action, such person shall have a right to recover actual and exemplary damages.

* Social host liability creates civil liability for anyone who knowingly furnishes alcoholic beverages to any intoxicated person under the legal age of purchase if intoxication results in injury or damages to a third party.

New York State Education Law

New York State Education Law prohibits hazing that involves the forced consumption of alcohol.

Drugs

The drug problem on campus is complex and solutions to drug misuse are difficult. Nevertheless, the possession, sale, or use of any illegal drug on or off campus cannot be condoned.

In addition to taking appropriate action on its own part, the College will continue to cooperate with appropriate health and law enforcement agencies in enforcing this regulation. No sanctuary for those who violate state and federal narcotic laws will be provided by any agency or office of this College. The penalties both on and off campus for the possession and/or sale of illegal drugs are very severe.

The College, through its Student Development Division, is committed to providing the campus with an ongoing program dealing with the problems related to drug abuse and aimed specifically at its prevention through education.  

Alcohol and Other Drug (AOD) Committee

The AOD Committee is a joint collaboration of students, staff, and faculty to work on initiatives to decrease high-risk alcohol and other drug use by College at Oneonta students.  The committee utilizes a combination of the social norms and environmental management approaches to prevention. The committee organizes and sponsors Alcohol Awareness Week in October and co-sponsors Safe Spring Break campaigns. Under the auspices of this committee, the student Dragon Design Team designs posters and other media activities to promote healthy student norms. The Committee also sponsors the student and faculty CORE survey to identify attitudes and patterns regarding AOD issues. Committee members are actively involved with the Campus-Community coalition to increase prevention efforts beyond just those on campus.

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safety, increasing the likelihood of an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is like to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome (FAS) or fetal alcohol effect (FAE). Both FAS and FAE are the leading known cause of mental retardation, which is irreversible. To prevent this syndrome, total abstinence from alcohol during pregnancy is necessary. Alcohol should also be avoided if you are trying to become pregnant, as significant damage may occur before pregnancy is discovered.

Tobacco and the Body

Tobacco, commonly smoked through pipes, cigars, and cigarettes, can also be chewed and inhaled in the form of snuff Nicotine is the active ingredient in all forms of tobacco. Nicotine stimulates the heart and central nervous system and is a power constrictor of small arteries. Insufficient oxygen to the heart is the cause of heart attacks. Smoking causes the lungs and bronchioles to be inflamed and congested. Possible health risks of tobacco include arteriosclerosis, emphysema, chronic bronchitis, heart disease, and lung cancer.  

Cannabis (Marijuana, pot, grass, reefer, joint, Acapulco Gold, sinsemilla, Thai sticks, weed, THC, Marinol, Hashish, Hashish Oil)

The psychoactive ingredient in marijuana is tetrahydrocannabinol (THC. The amount of THC in a joint is what effects the user. THC is used medically as an anti‑nauseant for cancer patients receiving chemotherapy.

Possible signs of use or abuse of cannabis include: increased heart and pulse rate, bloodshot eyes, increased appetite, dryness in mouth and throat, hallucinations, paranoia or panic, impaired memory, altered sense of time, and decreased concentration, reaction time, and coordination.

Health risks include: damage to heart and lungs, damage to brain nerve cells, lung cancer, memory disorders, interference with psychological maturation, temporary loss of fertility in men and women, psychological dependence, and bronchitis. For pregnant women, health risks are premature births and low birth weights.

Designer Drugs

Designer Drugs are lab-made versions of drugs that are designated controlled substances under U.S. law.  Under provisions of the Controlled Substance Analog Act, designer drugs are illegal. 

Early