The Family Educational Rights to Privacy Act (F.E.R.P.A.) prevents us from disclosing information regarding student conduct charges to parents except for the following circumstances:
- Is under 21 and found responsible for an alcohol or drug violation, on or off campus;
- Is considered a threat to self and/or others;
- Is transported to the hospital
The accused has the right to have an advisor of choice (which may include an attorney) present at the hearing. The advisor may privately consult with and advise the student during the proceedings, but may not examine the witnesses or otherwise directly participate on behalf of the accused student. Advisor participation is governed by federal and state law and the Code of Student Conduct. The names of those serving in this capacity must be provided to the student conduct officer/Board Chair within twenty-four hours in advance of the hearing (Code of Student Conduct, p. 7).
Conduct Probation shall be for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating the Code of Student Conduct or University Policies during the probationary period. Any violation committed during the probationary period may result in a review of the student’s status at SUNY Brockport. (Code of Student Conduct, p. 9).
If the student conduct officer/Board imposes a sanction of conduct suspension or conduct dismissal, then, following exhaustion of an appeal, the Board Chair will notify the University Registrar to place a notation on the student’s transcript, which reads “Suspended after a finding of responsibility for a code of conduction violation” or “Dismissal after a finding of responsibility for a code of conduct violation,” as applicable. Students may appeal to the vice president of enrollment management and student affairs, in writing, for removal of a notation that they were suspended, no earlier than one year after the suspension is completed. Notations indicating a student was dismissed from the University shall not be subject to removal, and therefore, cannot be appealed . (Code of Student Conduct, p. 15).
Criminal proceedings are completely separate from the Student Conduct process. Cases are resolved with the University student conduct system independent of the outcome of the criminal hearing.
The Code of Student Conduct states the behavioral expectations and standards of conduct for all students. The rules pertain to the actions of individuals while they are students, either on or off the campus grounds. Therefore, a student who is off campus and charged with a civil or criminal offense where there is a nexus to the University may be subject to University disciplinary action. The student conduct officer shall use discretion regarding whether the Code of Student Conduct shall be applied to conduct occurring off campus. (Code of Student Conduct, p. 1).
The Student Conduct website has an Incident Report Form and you may complete the form online and submit to the Assistant Director of Student Conduct. You may also report an incident by coming directly to the Student Conduct office located in Thompson Hall, Residential Life/Learning Communities Department. If you live on campus you may also report an incident to your Resident Assistant and/or Resident Director.
We recruit students annually to be trained and to serve as a member of the Conduct Board. The role of a Conduct Board member is to adjudicate serious incidents and make a determination on a case through a Formal Conduct Board Hearing. We are also always looking for on and off campus community service sites so if you know of one, let us know and we will reach out! To express interest, please e-mail email@example.com
Conduct Suspensions and Dismissals are considered on a case by case basis. Factors that can be considered toward a suspension or dismissal include, but are not limited to; severity of incident, severity of criminal charges, past conduct history for a student, violence in incident, presence and/or selling of illicit drugs. The following types of cases may result in a suspension or dismissal:
- sexual misconduct (If a student is found “responsible” for non-consensual sexual intercourse, the University must impose either Conduct Suspension or Conduct Dismissal as a sanction, Code of Conduct, p. 10)
- possession and/or use of weapons (including firearms, guns, air rifles and paint guns, throwing stars, nunchucks, etc.)
- falsely pulling a fire alarm
- setting a fire
- drug sales
- physical assault
- provision of alcohol to minors with injury or endangerment resulting from the use of the alcohol
The fees associated with workshops, BASICS, and a Substance Use Evaluation, go toward supporting materials and assessment tools used with these sanctions.