Code of Student Conduct 2022-2023

Section 6: Student Conduct System

  1. Student Conduct Coordination: The director of student conduct oversees the student conduct system at SUNY Brockport. The director of student conduct, with support from the student conduct coordinator, administers the conduct system. Responsibilities of the director of student conduct include, but are not limited, to:
    1. Administers the student conduct system.
    2. Publishes the Code of Student Conduct annually and recommends revisions that are subject to the approval of the vice president for enrollment management and student affairs or designee.
    3. Provides availability of the Code of Student Conduct to any party, upon verbal or written request to the student conduct coordinator.
    4. Functions as a student conduct officer and trains and supervises other student conduct officers appointed by the vice president for enrollment management and student affairs or designee. The director of student conduct assigns student conduct cases among the student conduct officers for preliminary review and resolution.
    5. Monitors the process for receiving charges against individual students for violations of University regulations.
    6. Conducts an investigation (preliminary or full investigation) to determine if the charges have merit.
    7. Recruits and trains students, faculty, and staff conduct board members.
    8. Arranges conduct board hearings as required and presents student conduct cases at these hearings.
    9. Maintains the official student conduct records resulting from enforcement of the Code of Student Conduct.
  2. Student Conduct Officers: Student conduct officers, including but not limited to, the director of student conduct and assistant vice president for enrollment management and student affairs, assistant director of student conduct, the student conduct coordinator(s), and residential life staff, are appointed by the vice president for enrollment management and student affairs or designee to adjudicate student conduct cases. The student conduct officer:
    1. Upon receipt of an incident report and/or complaint, schedules a preliminary review with each student who has been charged to explain the charge(s), the student’s rights, and potential sanctions. Students may choose to have the student conduct officer hear the case or may have the case referred to a conduct board, if applicable.
    2. Determines the sanction to be applied, when: 1) the student has admitted to charges in a preliminary review; or 2) is found responsible in an administrative hearing.
    3. Officially communicates all student conduct charges and decisions to each student so charged and communicates with any other University officials who have a legitimate interest in the disciplinary status of the student.
    4. Transmits student conduct files to the director or designee for filing when a case has been resolved.
  3. Administrative Hearing: An administrative hearing consists of a student conduct officer who is assigned to adjudicate the student conduct case.
  4. Conduct Board: A conduct board is a formal group comprised of trained faculty and staff appointed by the vice president or designee. The board is comprised of at least three members, including faculty and staff. board. The conduct board:
    1. Hears cases as scheduled by the student conduct officer.
    2. Hears statements and information/evidence related to the case in question.
    3. Seeks answers to all questions pertaining to statements and information/evidence presented.
    4. Determines whether the respondent is responsible for violating the charge(s), after a full discussion of the case in closed session.
    5. Recommends disciplinary action, if appropriate, to the student conduct officer.

Faculty, staff, etc. who serve as advisors, may at times, also serve as board members for other cases. A board member who acts as an advisor will not also preside on the board at the hearing.

  1. Appeals Chair and Panel
    1. In cases involving Category I General Student Misconduct, the vice president for enrollment management and student affairs or designee will hear appeals of student conduct cases and student organization conduct cases.
    2. In Category II Sexual/Gender Based Discrimination and Interpersonal Violence Misconduct cases, the vice president for enrollment management and student affairs or designee will i) serve as Appeal Chair; ii) appoint a panel, which may consist of no fewer than two persons; and iii) hear appeals of student conduct cases.

Section 7: Informal Resolution

Informal Resolution may be utilized when a case involves conflict among students, groups, or organizations. Student Conduct can also assist with providing informal resolution options for conflicts that do not rise to the level of violating the Code of Student Conduct. The student conduct officer will assess whether mediation or restorative conferencing would be an appropriate means for resolution. The director of student conduct or student conduct coordinator must approve the request.

  1. Restorative Conferencing. This is an alternative approach that promotes individual responsibility and community restoration. This process is designed to reach mutually beneficial solutions that foster repair, reconciliation, and the rebuilding of relationships. Restorative conferencing involves helping students to understand the harm they may have caused others, and facilitates the development of empathy for those harmed by the behavior.

    This process is an option for students who are willing to take responsibility for harm they have created and be accountable for repairing that harm. It allows those who are harmed to explain how they have been impacted, and to develop solutions to address the harm. Restorative conferencing is facilitated by a neutral party.

    Restorative conferencing may be included as an outcome to the student conduct process in cases where the respondent accepts responsibility for their actions and acknowledges the impact of their actions. A restorative conference will result in a voluntary and mutual agreement between the respondent and harmed parties who choose to participate in the process.
  2. Mediation*. When a case involves conflict between students, groups, or organizations, the parties may be assigned to mediation by the student conduct officer. Mediation is a confidential and nonjudgmental process whereby both parties to a dispute meet with a mediator (a neutral party), who will assist them in reaching a written agreement to resolve their conflict. Students are responsible for complying with the terms of the agreement. Violated agreements will not be remediated, but may necessitate further student conduct action.
    *Note: Mediation may not be used in Category II, Sexual/Gender Based Discrimination, and Misconduct cases that involve sexual violence.

Section 8: Interim Measures/Loss of Privileges/Disciplinary Actions/Sanctions

  1. Interim Measures. The student conduct officer, Title IX coordinator 4 or vice president for enrollment management and student affairs or designee may impose interim measures, including interim suspension and loss of privileges, which may include residence hall relocation, no contact orders, and other reasonable measures, upon learning of a possible Code of Student Conduct violation. Loss of privilege interim measures may remain in place regardless of whether an investigation is conducted and regardless of outcome, if a hearing is held. Students have the right to challenge the terms of the interim measure(s) or request a modification, by submitting a letter and any supporting documents, to the vice president for enrollment management and student affairs or designee within three business days. A decision will be made within five business days of the request.

    1. Interim Suspension. An interim suspension may be implemented immediately and without prior notice, imposed by the President or designee: i) to ensure the safety and well-being of members of the University community or for the preservation of University property and/or ii) if the student poses a significant threat of disruption of or interference with the normal operations of the University. This is a temporary suspension, during which the student will be restricted from all or any portion of the University premises, including classes, access to the residence halls or other campus facilities, and/or all other University activities or privileges for which the student might otherwise be eligible, as determined to be appropriate by the President or designee. The student may request a review in writing to challenge the basis for such suspension. Absent such a request, these restrictions will remain in effect until the conclusion of i) an investigation and/or conduct board or administrative hearing; or ii) the criminal proceeding against the respondent, if applicable; at which time conditions for reinstatement to the University may be specified.
    2. Loss of Privileges. The student may be denied specific privileges for a designated period of time. The student conduct officer may designate any of the following loss of privileges to students against whom no conduct charges have been brought, if there is concern for the well-being of either the student(s), or the community, or to prevent disruption to the University community. Loss of privilege may include, but is not limited to:
      1. Facility Restriction. The student may be denied use of or may otherwise be restricted from specified campus facilities.
      2. Social Restriction. The student may be restricted from participation in University-sponsored activities for a specified period of time.
      3. Residence Hall relocation. The student may be relocated to a different residence hall or removed from residential life for a specified period of time.
      4. Guest Privilege Restriction. The student may be restricted from having guests on campus for a specified period of time.
      5. No Contact Order. This may include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, and may be for a specified period of time.

      Note: More than one stated interim measure may be imposed.

  2. Disciplinary Actions, and Sanctions. The following interim measures, disciplinary actions, and sanctions may be imposed by a student conduct officer or conduct board, upon a finding that a student or a student organization has violated the Code of Student Conduct and/or the On-Campus Housing License:
    1. Official Warning. This is an official acknowledgment that the student’s behavior violated a rule(s), and indicates more severe disciplinary sanctions may result if the student is found responsible for further violations.
    2. Vicinity Letter. When a student under the age of twenty-one (21) is found to be in the vicinity of alcohol, but not in possession of or consuming it, a Vicinity Letter may be issued. This sanction may only be given once as a warning, in response to this behavior, before additional consequences are taken.
    3. Revocation or Denial of Recognition. Group or organization misconduct may include revocation or denial of recognition (including all privileges) from SUNY Brockport.
    4. Conduct Probation. Conduct Probation may be issued for a period of one semester, two semesters, three semesters, or four semesters, 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.5
    5. Conduct Suspension. This is the separation of the student from the University for a definite period of time. Conduct suspension may be issued for a period of one semester, two semesters, three semesters, or four semesters. Students who have been suspended are restricted from access to campus premises except by written permission from the vice president for enrollment management and student affairs or designee. Conditions for readmission may be specified. ”Suspension after a finding of responsibility for a code of conduct violation” with the period of suspension specified will appear on the student’s transcript. See Section 9, Category I, (8) (h) and Category II, Part G (C)(2)(r)) “Transcript Notation in Cases of Conduct Suspension or Conduct Dismissal,” regarding the process to appeal removal of the suspension notation.
    6. Conduct Dismissal. This is the permanent separation of the student from the University without opportunity to re-enroll in the future. Students who have been dismissed are restricted from access to campus premises except by written permission from the vice president for enrollment management and student affairs or designee. “Dismissal after a finding of responsibility for a code of conduct violation” will appear on the student’s transcript.

    Note: Recommendations for interim suspension, conduct suspension and conduct dismissal are forwarded to the vice president for enrollment management and student affairs or designee.

  3. Discretionary Disciplinary Action/Sanctions: The student conduct system promotes an educational response in an effort to enhance student development. In cases involving student organizations, the student conduct officer may consult with campus offices or national groups that provide oversight to the student organization to determine sanctions that promote safety, education, and student development. In addition to disciplinary action/sanctions, the following conditions may apply:
    1. Restorative Conference/Mediation. This is an alternative approach that promotes individual responsibility and community restoration. This process is designed to reach mutually beneficial solutions that foster repair, reconciliation, and the rebuilding of relationships. This process involves helping students to understand the harm they may have caused others, and facilitates the development of empathy for those harmed by the behavior. This process is an option for students who are willing to take responsibility for harm they have created and be accountable for repairing that harm. It allows those who are harmed to explain how they have been impacted, and to develop solutions to address the harm.
    2. Developmental Experience. The student may be required to attend and/or participate in a workshop, group, program, and/or other related assignment. Students will be responsible for any associated costs.
    3. Required Mental Health and/or Behavioral Health Assessment. The student must complete a mental health and/or behavioral health assessment and follow through with all recommendations made as a result of the evaluation. By a specified date, the assessment may be done at the University’s Hazen Center for Integrated Care Counseling Center or at an accredited, community-based mental health facility. The student will be asked to sign a consent form allowing the University to verify attendance and participation.
    4. Behavioral Agreement. The student may be required to follow clearly defined behavioral expectations and standards established by the student conduct officer. The student may be subject to further disciplinary action if they fail to follow such behavioral standards.
    5. Restitution. The student may be required to compensate for loss, damage, defacement, theft, injury, or unauthorized use of property. This may take the form of monetary or material replacement and/or appropriate service.
    6. Community Service. The student may be assigned University community service, working in a campus department, or at a specified site within the local community. Failure to complete the assignment may result in a more severe sanction.
    7. Residence Hall Reassignment. The student is reassigned to another room and/or hall and may be restricted from their former residence.
    8. Removal from the Residence Halls. The student may be required to move out of their residence hall and be restricted from living on campus for a specified period of time.

    Note: More than one stated disciplinary action/sanction may be imposed for any single conduct violation.

4The Title IX coordinator will only be involved in Category II cases.

5If a student is found “responsible” for non-consensual sexual intercourse, the University will impose either Conduct Suspension or Conduct Dismissal as a sanction.

Table of Contents