Code of Student Conduct 2022-2023

Section 3: Student Conduct Authority

The President of SUNY Brockport has the ultimate authority in student disciplinary matters. However, responsibility for adjudication and other processing of most disciplinary matters is delegated to professional staff in certain institutional offices including, but not limited to, the director of student conduct, assistant director of student conduct, student conduct coordinator, associate dean of students/director of residential life, residential life staff, the conduct boards, student conduct officers, Title IX coordinator, deputy Title IX coordinator, assistant to the vice president for enrollment management and student affairs, the associate/assistant vice president for enrollment management and student affairs, and the vice president for enrollment management and student affairs.

Section 4: Student Conduct System Policies

1. Good Samaritan Policy. The term “Good Samaritan” is used to refer to a student(s) who summons medical attention for a person (including themselves) in need of medical assessment and/or treatment for a problem to which the student may have contributed or caused by participating in the use and abuse of alcohol and/or other drugs. While the University does not condone violations of the Code of Student Conduct or state and federal laws, the University may take into consideration actions of students who act as “Good Samaritans” by reducing the disciplinary actions associated with alcohol and/or other drug use violations, including limited immunity to campus student conduct charges.
2. Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases. The health and safety of every student at SUNY Brockport is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to, domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to University officials. A bystander acting in good faith, or a complainant acting in good faith, who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to University officials or law enforcement will not be subject to the University’s Code of Student Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
3. Informing the University about Misdemeanor and Felony Arrests. It is the obligation of every student to notify the Office of Student Conduct of any felony or misdemeanor arrests occurring at any time after the student pays their admissions deposit through graduation or separation from the University, regardless of geographic location of the arrest or specific crime alleged. Failure to do so within three business days of the arrest may result in the University bringing conduct charges against the student. The University may review the facts underlying the arrest to determine if there is a related policy or Code violation.
4. Audio/Video Recording Meetings. University official(s) will audio or video record meetings between students and investigators and/or the Title IX & coordinator or designee, related to Sexual/Gender Based Discrimination and Interpersonal Violence Misconduct. For privacy reasons, neither students nor their advisors are allowed to record these meetings.
5. Proceeding without a Complainant. In Sexual/Gender Based Discrimination and Interpersonal Violence Misconduct cases, the University may proceed with an investigation and/or a hearing, without the participation of a complainant.
6. Withdrawal During Conduct Action. A hold may be placed on a respondent’s account when SUNY Brockport begins a student conduct investigation. This hold, which will restrict the student from registering and being able to obtain an official transcript, will remain until the case is resolved, even if a student withdraws during a preliminary review, investigation, or before a hearing is held. A student who withdraws from SUNY Brockport during a preliminary review of a report made against them, while an investigation against them is pending, or after being charged with a violation, will not be exempt from campus student conduct action. The normal student conduct procedure may be followed at any time, but must be concluded in all cases before a student is allowed to re-enroll. SUNY Brockport may hold a hearing even if a respondent has withdrawn, and if it does, the respondent will receive due notice. A respondent who withdraws prior to a conduct hearing will have a notation on their transcript that reads, “Withdrew with conduct charges pending.”
7. Receipt of Diploma for Suspended or Dismissed Graduating Senior. A graduating senior who is found responsible for a violation and who is suspended for a period extending beyond their graduation date may not receive the diploma until the term of suspension has been served and all requirements of their sanctions are fulfilled. A graduating senior who is found responsible for a violation and who is dismissed prior to receipt of their diploma may not receive the diploma.
8. Maintenance of Records. A student’s student conduct record will be maintained for a period of seven (7) years from the date of the last entry or until the student graduates, except in a matter of suspension or dismissal, in which case the record is maintained indefinitely.
9. FERPA. In accordance with the Family Educational Rights and Privacy Act of 1974, the University may release information pertaining to individual student conduct cases to appropriate University personnel and to parents of students who are dependent. Information from a student’s student conduct file will not be made available, without the student’s written consent, to anyone other than the student, appropriate University personnel, and parents of dependent students, except by court order or lawfully issued subpoena unless otherwise allowed by FERPA.
10. Additional Information re: Hearings.
    1. A student who is charged with a violation just prior to the termination of a semester will be given a hearing as soon as is feasible after the semester ends, including during breaks when the University is open. Respondents and complainants alike, who leave the Brockport area, are responsible for transportation and other expenses related to their right to be present at the scheduled hearing.
    2. Failure to appear in response to the charge(s) on the date fixed for the hearing, unless there has been a continuance approved by the student conduct officer prior to the hearing, will result in the hearing being held without the respondent. The hearing will be held and a determination of responsibility/non-responsibility and recommended sanction, if any, will be made. The student will be notified of the determination and, if applicable, the sanction(s). Within five (5) business days of the date of the notice of outcome/sanction, if the student shows good cause for failure to appear and failure to give prior notice of intention not to appear, the student conduct officer may withdraw the outcome/sanction and schedule a rehearing.
    3. Conduct hearings are either audio or video recorded by the University. For privacy reasons, neither students nor their advisors are allowed to record the hearings.
    4. Cameras or other reproduction equipment, other than the University’s recording device, are not permitted in a student conduct hearing, unless as a result of a reasonable accommodation.
    5. All student conduct hearings are closed; guests, with the exception of advisors, are not permitted.

Section 5: Student Rights when Charged with a Violation

1. The University is obligated to determine whether the respondent is found responsible or not responsible of a Code violation. The University may find the respondent “responsible” if the respondent makes an admission of responsibility or the conduct board or conduct officer finds the student responsible for violation of the Code of Student Conduct, supported by a preponderance of the evidence. If there is no admission and the charge(s) are not supported by a preponderance of the evidence, then the respondent will be found “not responsible.”
2. The respondent has the right to be given written notice of the nature of the charges in advance of the hearing and to be informed of their rights prior to a hearing.
3. The respondent has the right to receive, in advance of the hearing, a list of the witnesses who will appear at the hearing in support of the charges.
4. The respondent has the right to receive, in advance of the investigation and the hearing respectively, the names of the investigators, student conduct officer and/or board members. If the student believes any assigned investigator, student conduct officer or member(s) of the board cannot objectively and fairly investigate or hear the case, the student must make a written request to the Title IX coordinator or designee, student conduct officer, or vice president for enrollment management and student affairs, in writing within 24 hours of receipt of the a) identity of the investigators or b) Notice of Hearing, stating the specific reason(s) in support. The Title IX coordinator or designee, student conduct officer, or vice president or designee, will review the merits of the request, and decide whether or not to replace the investigator, student conduct officer, or board member(s) in question.
5. The respondent has the right to deny responsibility for the conduct charge(s) in a preliminary review and the right to an administrative hearing before a student conduct officer, or a hearing before a conduct board. A respondent does not have the option of an administrative hearing when charged with Category II non-consensual sexual intercourse.
6. The respondent has the right to have an advisor (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 respondent. State law and the Code of Student Conduct govern advisor participation. The names of those serving in this capacity must be provided to the student conduct officer within twenty-four hours in advance of the hearing.
7. The respondent has the right to bring relevant witnesses to the hearing. The student conduct officer may allow postponement of a scheduled hearing on the basis of unavailability of important witnesses or representatives, but only if good cause for the unavailability is shown. Generally, postponement will not be allowed beyond (10) ten business days.
8. The respondent has the right to raise questions that may be directed to witnesses and/or the complainant, if such person(s) are available for the hearing. These questions must be submitted to the student conduct officer, who will determine appropriateness of questions. The student conduct officer will ask approved questions on behalf of the parties involved.
9. The respondent has the right to produce documentary evidence on their own behalf for consideration. The respondent also has the right to review documentary evidence produced by others and/or the University.
10. The respondent has the right of access to the audio or video recording of the hearing, if applicable. The respondent may request to review the recording by scheduling a meeting time with the student conduct officer.
11. The respondent has the right to appeal the case outcome.
12. The respondent has the right to have all information obtained during the course of the conduct or judicial process be protected from public release until the decision on appeal becomes a final determination, unless otherwise required by law.