Code of Conduct

Procedural Standards in Disciplinary Proceedings for Students

1. Preamble

Jefferson Community College students enjoy all the rights and privileges conferred and guaranteed to them by federal and state laws as well as accept the inherent responsibilities implied by these rights.  Students are expected to conduct themselves in a manner which reflects positively on the College and on themselves and to follow all college policies and regulations.

2. Definitions

2.1. The term “College” refers to Jefferson Community College.

2.2. The term “Code” refers to the Student Code of Conduct.

2.3. The term “student” refers to any person taking courses at the College at the time of a violation of the Code, as well as individuals on college premises for any purpose related to registration for enrollment. Persons who are not officially enrolled for a particular term but who have a continuing relationship as a student with the College are considered “students.”

2.4. The term “college official” refers to any person employed by the College or the College’s affiliated auxiliary operations performing assigned faculty, campus safety and security, administrative, or professional responsibilities.

2.5. The term “Judicial Board of Review (JBR)” refers to the hearing body comprised of students, faculty and staff.  A minimum of three students and two faculty or staff will hear a case.

2.6. The term “college premises” , “college property” and “campus” include all land, buildings, facilities, or other property in the possession of or owned, used, or controlled by the College or the College’s affiliated auxiliary operations.

2.7. The term “judicial body” applies to the Judicial Board of Review, Administrative Hearing, Convener, or any person or persons authorized by the Dean of Students to determine whether a student has violated the code and to recommend sanctions when necessary.

2.8. The term “judicial advisor” refers to any individual assigned to advise a judicial body and/or student.

2.9. The term “complainant” refers to any persons or person who has filed disciplinary charges against a student. If the College is the complainant, then the Dean of Students or designee will appoint a person to represent the College.

2.10. The term “accused student” refers to any student who has pending disciplinary charges filed against him/her.

2.11. The term “college-sponsored activity” refers to any activity on or off campus which is initiated, aided, authorized or supervised by the College or its affiliate organizations.

2.12. The term “preponderance of evidence” refers to a standard used in civil trials as a criterion for determining the weight of the evidence, in particular what evidence is more credible and convincing and more reasonable and probable.  This evidence can be circumstantial in nature.

2.13. The term “appeals review officer” refers to the College President, Vice President for Students, Dean of Students, or designee.

2.14. The term “notice against trespass/persona-non-grata” refers to an individual who is no longer welcome on campus which may result in arrest for trespass.

2.15. The term “convener” refers to a college official or the judicial body authorized by the President of the College to administer the Student Conduct Code and to impose sanctions upon students found to have violated the Code. The convener may be any of the following:

2.15.1. The Dean of Students or designee who each may also serve as a judicial board in its entirety. The Dean of Students delegates daily operation of the judicial system to the following, including, but not limited to the Dean of Students, Campus Judicial Officer(s) and Resident Directors.

2.15.2. The Judicial Board of Review comprised of a minimum of two faculty/staff members, one of who is the convener, and, three students.

2.16. The term “administrative hearing” gives all parties the opportunity to be heard by a single judicial officer or a board consisting of faculty, staff and/or administrators.

2.17. The term ‘informal resolution’ refers to a one-on-one meeting between the student and the judicial officer to resolve charges informally. 

2.18. The term “community member” refers to any administrators, staff, faculty and students at Jefferson.

3. Jurisdiction

JCC reserves the right to initiate disciplinary proceedings for on- and off-campus incidents and infractions.  Generally, college jurisdiction and discipline shall be limited to conduct which occurs on college property and/or at college-related events on or off campus including, but not limited to, field trips, athletic events, or any action which adversely affects the college community and/ or the pursuit of its objectives. 

Initiation of a conduct review process for an off-campus violation may occur when the violation breaks the Code, the behavior adversely affects the educational and service functions of the College, or the violation adversely affects the suitability of the student as a member of the college community.

College disciplinary proceedings may be instituted against a student charged with a violation of a law which is also a violation of the code if both violations result from the same factual situation, without regard to the status of civil litigation in court or criminal arrest and prosecution. Proceedings under this code may be carried out prior to, simultaneously with, or following off campus civil or criminal proceedings.  At the request of law enforcement, temporary delays in adjudication may be necessary and should last not more than 10 days unless law enforcement requests and justifies a longer delay.

4. Judicial Authority

The authority to oversee student conduct rests with the Board of Trustees.  This authority is delegated to the President of the College who further delegates the operation of the judicial system to the Dean of Students or their designee.  The Dean of Students delegates daily operations to the college judicial officer and all related personnel including, but not limited to, the Dean of Students, Campus Judicial Officer(s), and Resident Directors.  The Dean of Students or designee may work with off-campus authorities prior, during, or after an investigation is started.  The Dean of Students or designee and the judicial bodies function according to the principles and processes outlined in the code.

5. Prohibited Conduct

Violations of published college policies, rules and regulations; violations of SUNY Rules for the Maintenance of Public Order; and violations of federal and state laws not explicitly mentioned in this code also constitute prohibited conduct. These behaviors are prohibited in any environment within the jurisdiction of the code (whether in real time, online, or any other form of media).

5.1. Academic Misconduct
All forms of academic misconduct including, but not limited to, cheating, fabrication, plagiarism and facilitation of academic dishonesty.

5.2. Dishonesty
All forms of dishonesty, including, but not limited to fabricating of information or knowingly furnishing false information to the institution, electronic tampering, forgery, alteration or use of college documents or instruments of identification with intent to defraud, reporting a false emergency, giving false identification or aliases, or tampering with the election of any college-recognized student organization.

5.3. Mischief – Safety, Safety equipment and Drills
Tampering with or the unauthorized use of fire safety equipment such as extinguishers, smoke detectors, alarm-pull stations, emergency exits including activating a false fire alarm, failing to evacuate a facility during the sounding of a fire alarm or upon the direction of a staff member, or attempting to re-enter the building without permission of the proper authorities once an alarm has been sounded.

5.4. Mischief – College Property or Equipment
Any action that is needlessly or potentially damaging to college property, including, but not limited to, furniture, electronic equipment, floor coverings, walls, doors, etc.

5.5. Bias-related Offenses
“Bias related offenses” shall be defined as including, but not limited to, when a person commits an offense against another or others, including but not limited to physical or verbal abuse, harassment or discrimination, and either intentionally selects the person against whom the offense is committed or intended,  or intentionally commits the act or acts constituting the offense in whole or in substantial part, because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct or not.

5.6. Obstruction of College Administration and Teaching
Disruption or obstruction of teaching, research, administration and administrative processes, services (including auxiliary services), disciplinary proceedings, or other college activities, including public-service functions, whether said activities occur on or off campus.

5.7. Offenses against the public order
Any of the acts prohibited by Article 240 of the New York Penal Law, including harassment, disorderly conduct, criminal nuisance, and/or any other conduct which threatens or endangers the health or safety of any person, including behavior that recklessly or intentionally endangers the mental or physical health of another person.

5.8. Larceny
Attempted or actual theft of and/or damage to the property of the College, a member of the college community, or any other personal or public property to include the unauthorized use of any College or College-affiliated organization’s equipment or property, or tampering with the same.

5.9. Hazing
Any act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization, regardless of the express or implied consent of the victim, to include, but not be -limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, marching, and walking on line; wearing uniforms, chanting/greetings, forced servitude, or other forced activities such as public stunts or acts of buffoonery; exposure to the elements; forced consumption of any liquid, food, liquor, drug, or psychological abuse or humiliation, which adversely affect the mental health or dignity of the individual, the property of the individual or others, and/or demanding that the individual engage in conduct prohibited either by state law or the college’s rules and regulations.

5.10. Obstruction of Governmental Administration
Failure to comply with, obstruction of, or resistance to, the directives of college officials, Campus Security, or law enforcement officers acting in performances of their duties including refusing to identify oneself to these persons when requested to do so.

5.11. Trespassing
Unauthorized entry, presence upon, or use of college premises, and/or the unauthorized possession, duplication, or use of keys or access cards to any college premise which would enable them to do the same.

5.12. Wrongful Use of Computers/Computer Technology
Including, but not limited to, the unauthorized use of college owned/provided student accounts, computers, computer software, peripherals, computer classrooms, smart classrooms, campus wide networks, and use of/access to the internet via the same.

Prohibited acts also include the use of technological facilities/equipment to interfere with the normal operation of the college computing system, i.e., any use of technology which harasses, annoys, intimidates, or otherwise inconveniences other users in their use of the College’s computer technology. It shall be no defense that a student used their personally owned technology, i.e., laptop, tablet, iPad, iPhone, Android device, etc. when committing any of the violations set forth above.

5.12.1 Wrongful Use of Email
Including, but not limited to, use of College provided internet services for commercial purposes and/or personal financial gain; misrepresenting one’s identity/ misrepresentation of Jefferson Community College; interference with JCC technology operations through electronic chain letters, unsolicited electronic communications, disruption of electronic communications, corruption of electronic communications systems and services, and obstruction of the College’s electronic communications system and services.

5.12.2 Technological Abuse
Including, but not limited to, the theft of technological services; unauthorized entry into a file or system to use, read, or change its contents, or for any other purpose; the unauthorized transfer of a file; allowing other persons to use your personal account, and the unauthorized possession, use of, or disclosure of another student’s personal account data, including their log-in and password information..

5.13 Sexual Harassment
Unwelcome verbal or physical conduct which is sexually offensive, e.g., unwanted sexual flirtations or touching, verbal abuse of a suggestive nature, graphic or suggestive comments about an individual’s dress or body, use of sexually degrading words to describe an individual, and/or the display of sexually suggestive objects or pictures.  Sexually-based harassment can include interactions in person, by phone, electronic messages and photos, written words or images such as graffiti and social media postings.

5.13.1 Sexual Violence/Sexual Assault
Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another.  Sexual assault includes, but is not limited to, sexual activities such as: forced sexual intercourse, forcible sodomy, fondling, oral sexual contact, attempted rape, and/or a sexual act where the individual is incapacitated.

5.14 Dating Violence
A violent act committed by one person against another, who is, or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of the relationship shall be determined based on the victim’s statement, together with consideration of the length of the relationship, the type of the relationship, and the frequency of the relationship.

5.14.1 Domestic Violence
A violent act committed by one person against another, who is either the current or former spouse or intimate partner, who shares a child with the victim, or who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.

5.14.2 Stalking
“Stalking” shall be defined as engaging in a course of conduct consisting of two or more acts by which the stalker directly, indirectly, or through third parties follows, monitors, observes, surveils, threatens, or communicates about a person or interferes with his or her property; is directed at a specific person, which causes a reasonable person to fear for his or her safety or the safety of others, or causes that person to suffer substantial emotional damage.

5.15 Unlawful Use of Athletics Facilities
No person shall use the college athletics facilities without the express permission of the College and/or its duly designated representatives, or as otherwise required by their individual/athletic program, and no person shall use said facilities for other than their intended purposes.

5.16 Unlawful Use of Library Facilities
No person shall use the college library facilities and the materials (books, periodicals, research materials, etc.) and equipment (computers, printers, etc.) contained therein without the express permission of the College and/or its duly designated representatives, or as otherwise required/necessitated by their academic program, and no person shall use said facilities for other than their intended purposes. 

5.17 Abuse of the College Judicial System
Including, but not limited to the failure to obey the summons of a judicial board or college official; the falsification, distortion, or misrepresentation of information before a judicial board; the disruption of or interference with the orderly conduct of a judicial proceeding; knowingly requesting a judicial proceeding without cause; attempting to discourage an individual’s proper participation in, or use of, the college judicial system; attempting to influence the impartiality of a member of a judicial board prior to and/or during the course of a college judicial proceeding; harassment (verbal or physical) and/or intimidation of a member of a hearing committee prior to, during, and/or after a judicial proceeding; failure to comply with/be bound by the sanction(s) imposed subsequent to a hearing, or any other disciplinary proceeding, and soliciting/influencing or attempting to influence another person to commit an abuse of the college judicial system.  Retaliation or harassment against any person because of their complaint or participation in the student conduct process.  Violation of a no-contact order.

5.18 Classroom Disruption
Behavior that a reasonable person would view as substantially or repeatedly interfering with the conduct of a class. Disruptive behavior interferes with the instructor's ability to conduct the class, or the ability of other students to learn.  Students engaging in classroom disruption shall be disciplined as provided in the College’s Classroom Behavioral Procedures. 

5.19. General Prohibitions

5.19.1. Gambling of any form on campus without appropriate licensure.

5.19.2. Smoking in college buildings (including electronic cigarettes) and violations of the college smoking and tobacco use policies.

5.19.3. Bringing pets of any kind on campus except service or therapy animals, animals for educational purposes, or as part of sponsored events.

5.19.4. Skateboarding, roller skating (including shoes with wheels), or similar activities (such as remote control cars) that are considered to be potentially and needlessly hazardous to both operators and bystanders.

5.19.5. Using unapproved projectiles, including, but not limited to, snowballs, Frisbees, baseballs, and boomerangs inside buildings.

5.19.6. Use, possess, sell, or distribute alcohol, narcotics, or any other controlled substance except as expressly permitted by law and campus rules.   

5.19.7. With the exception of police officers or other law enforcement officials acting in the performance of their duties, while on campus, possess, use, or manufacture a firearm or other weapon, including explosives, knives, dangerous chemicals, fire-bombs and other destructive devices, to include their possession/storage in a vehicle on campus.

5.19.8. Participate in a demonstration which disrupts the normal operation of the College and infringes on the rights of other members of the college community; engage in conduct which leads or incites others to disrupt schedules and/or normal activities within any campus building or area; engage in intentional obstruction, which unreasonably interferes with freedom of movement whether pedestrian or vehicular, on campus or at college-sponsored or supervised functions.

5.19.9. Engage in conduct which is disorderly, lewd, or indecent; which breaches the peace, or which aids, abbetts, solicits or importunes others to breach the peace on college premises or at functions involving the College.

5.19.10. Entering and/or utilizing all areas of the Black River that are immediately adjacent to campus property, except as permitted under supervised instructional activities.

5.19.11. Engage in behavior that is, or reasonably could be, a violation of federal, New York State, or municipal laws, ordinances or regulations, including but not limited to situations where such violation has an adverse effect on the College and the college community.

5.19.12. Engage in behavior that violates published College policies, rules and regulations or the SUNY Rules for the Maintenance of Public Order.

5.19.13. Failure to complete sanctions assigned through the student conduct process.  All students, are expected to comply with conduct sanctions within the timeframe specified by the Judicial Officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect or any other reason will result in a violation of this policy.

5.19.14. Students are not permitted on the trails surrounding campus between dusk and dawn unless part of a college sponsored event/program/activity.

5.19.15. Students may not record any portion of a lecture, class discussion or course-related learning activity without the prior and explicit written permission of the course instructor unless the recording is part of an accommodation coordinated through accommodative services and the faculty member.

6. Crimes of Violence

6.1. No person, either singly or in concert with others, shall willfully engage in a crime of violence or cause physical injury to any other person, nor threaten to do so. Definitions: A crime of violence is defined as the following:

6.1.1. An offense that has an element of the use, attempted use, or threatened use of physical force against a person or property of another, or

6.1.2. Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

6.2. According to the Family Educational Rights and Privacy Act, an institution may release to an alleged victim of a crime of violence the results of any disciplinary hearing conducted against the alleged perpetrator of the crime. The alleged victim only has access to the results of the hearing. Other information, witnesses, other victims and evidence will be kept confidential. Victims are entitled to information only on the name of the alleged perpetrator, the violation committed, and the sanctions imposed, if any.

6.3. A notation of disciplinary action will be placed on the academic transcript whenever a student is suspended or expelled due to a finding of responsible for a violent crime defined by the federal Clery Act. For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 34 1092(f)(1)(F)(i)(I)-(VIII), the College shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, the College shall make a notation on the transcript of such students that they “withdrew with conduct charges pending” and will apply a disciplinary hold.  One year after the suspension has expired, students may petition to the Dean of Students for removal of a suspension notation on the academic transcript.

7. Student Groups and Organizations

Student groups and registered organizations must follow the college rules (see section 5); if these rules are broken and/or not adhered to, they may be charged with violations of this code either as a collective unit, as individual members, or as both.  As such, the Dean of Students or designee will select a member of the group as the spokesperson for any disciplinary proceeding involving the group.

Sanctions for student groups or organizations may include a loss of privileges, a loss of funding opportunities, a loss of recognized student group or organization status, or other discretionary sanctions, approved through the Dean of Students or designee.

For matters in which a student group or organization would not face a suspension or expulsion from the College, the incident will be resolved through a disciplinary meeting between the group and the designated person hearing the matter.

For matters which may result in suspension or expulsion of a student group or organization, the incident can be resolved through a hearing (Administrative or JBR see section 12).

8. Sanctions

Provisional records of student disciplinary actions will be held and maintained within the office of the Dean of Students. 

Any student found responsible for violating any college policy, rule or regulation may have one or more of the sanctions below imposed. The sanction set forth below serve as guidelines; however, the College shall have the right to consider each case on an individual basis and to impose sanctions accordingly. Where a student disagrees with the sanctions imposed, the accused shall have the right of appeal as provided in Section 15, paragraph 15.3.

College sanctions are independent of other any sanctions that may be imposed as a result of civil or criminal proceedings. Where a student engages in subsequent misconduct, progressive discipline may be imposed, up to and including either their suspension, or permanent expulsion from the college and/or their academic program, or revocation, as provided in paragraph 8.1.14 below. 

8.1. Definitions

8.1.1. Verbal Warning
A verbal statement to the student offender who has violated the code.

8.1.2. Written Warning
Serve to officially warn a student that he or she is in violation of community standards and that further violations can result in disciplinary sanctions. This warning may be given for either a specified or unlimited period of time.

8.1.3 Referral for Assistance
Recommendation that assistance be sought from various campus services and/or outside agencies to specifically address the situation.

8.1.4. Educational Programming
A learning program to promote an understanding of inappropriate behaviors and positive change.

8.1.5. Probation
Services to officially warn a student that he or she is in violation of community standards and that any subsequent violation(s) of college rules and regulations may result in suspension or expulsion. This probation may be given for either a specified or unlimited period of time.

8.1.6. Disciplinary Fines
Monetary fine placed on a student’s account at Jefferson Community College.

8.1.7. Disciplinary Hold
A hold placed on a student’s account for disciplinary reasons preventing further registration, enrollment, and participation in college activities.

8.1.8. Restriction
Denial of access to any facility, activity, services, class or program, or denial of student privileges for a designated period of time.

8.1.9. Administrative Withdrawal
Administrative separation from a specific course. The student will receive no credit for a class from which he/she has been administratively withdrawn.

8.1.10. Restitution
Reimbursement by the student for damage or misappropriation of property to the College or other owners. Reimbursement may take the form of compensation for damages as calculated by the Vice President or their designee, or an appropriate period of service.

8.1.11. Work Assignment
Supervised work assignment.

8.1.12. Suspension or Termination of Employment
Removal from employment within the College (paid or volunteer) for a specific period of time (suspension) or permanently (termination).

8.1.13. Disciplinary Suspension
Separation of the student from the College for a specified period of time up to a maximum of two years. Suspended students are barred from College premises, classes, and other college-sponsored activities. Expiration of the suspension period is no guarantee of re-admittance.

8.1.14. Disciplinary Expulsion
Permanent separation of the student from the College. The student will be barred from College premises, classes, and other College-sponsored activities.

8.1.15. Revocation of Admission and/or Degree
Revocation of admission to or of a degree awarded from the College due to fraud, misrepresentation, or other violations of College standards in obtaining the degree, where such violations were committed by a student prior to graduation.

8.1.16. Suspension or Removal from Residence Life
Suspension (for a specific time period) or Removal from Residency may be given when serious and/or repeated misconduct in the residence community warrants separation of the student from that community.  A suspension or removal from Residence may include a ban from residing in or visiting any residence facility operated by the College for the stated period of the suspension.

8.1.17. Residence Hall Visitors Suspension
Residence Hall Visitors suspension prohibits a student from inviting guests (day or overnight) to the Residence Hall for a specific or unlimited time period. 

 

Miscellaneous Disciplinary Provisions

More than one sanction may be imposed for any single violation.  Other than college suspensions and expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record.

Students who are expelled or suspended from the College for academic or behavioral reasons may forfeit all technology privileges by consultation of the Dean of Students or designee.

Remedial actions such as counseling and alcohol and drug evaluations may be required in conjunction with any of the above sanctions at the expense of the student.  Penalties less severe than suspension and disciplinary fines of $200 or less may be implemented by the Dean of Students or designee. Penalties of suspension or more will be reviewed by the President prior to implementation.

Students who do not comply with sanctions may be subject to additional sanctions (including a possible ban from campus and/or campus activities) and blocked from further registration and enrollment at Jefferson Community College.

9. Review of Record for Cases Involving Repeat Offenders

When a student is charged with any violations of college rules and regulations, the student’s disciplinary record is subject to full review by the convener adjudicating the case. In addition, hearing bodies adjudicating a case will review a student’s disciplinary record on any and all occasions after the student is found responsible for any violation of the college rules and regulations.  The reason for such review is that the student’s disciplinary record is important in determining an appropriate judicial sanction in the current case.  Such review will occur regardless of whether the sanction for prior offenses is active or closed. 

10. Administration of the Code

The judicial process is handled through the Dean of Students or designee. Responsibilities include, but are not limited to, the following:

10.1. Reviewing complaints and determining charges to be filed pursuant to the code. 

10.2. Investigating cases and conducting disciplinary assessments.

10.3. Determining the type of hearing for each case.

10.4. Interviewing and informing parties involved in disciplinary proceedings.

10.5. Resolving disputes and contested issues that arise from alleged cases of student or group/organization misconduct.

10.6. Maintaining all student disciplinary records resulting from enforcement of the code.

10.7. Collecting and assembling data concerning student judicial system actions.

10.8. Assuring the process is conducted in a manner that provides due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not handled by individuals with a conflict of interest.

10.9 Annual training on judicial policies, procedures, and due process.

10.10 Annual training on issues related to sexual assault, domestic violence, dating violence, and stalking for judicial officers and members of hearing boards responding to Title IX cases.

11.  Judicial Policies and Procedure

Accused students will be informed of the nature of the charges against them and receive due process.  Students will be given notice of charges and a fair opportunity to refute the charges.  The College will not be arbitrary in its actions and provision for appeal of a decision is guaranteed.  In certain circumstances, conflict may be resolved through informal resolution or mediation on a voluntary basis.

11.1. Administrative or JBR Hearing
The student will be informed of the charges in writing by electronic mail, certified mail, or hand delivery to the student or the residence hall mailbox; the notice will include the time and date of the Administrative Hearing or JBR Hearing.  A student may request a meeting with the judicial officer prior to an Administrative or JBR hearing to review the matter.

11.2. Informal Resolution
Charges may be resolved informally in a one-on-one meeting between the student and the judicial officer.  In this meeting, the procedures and charges will be explained, documentation and evidence will be reviewed, and the student will be provided the opportunity to have all pertinent questions answered. The disposition of the case may be finalized at this level by mutual consent of the parties involved.  Students have the opportunity to appeal an informal resolution.

11.3. Mediation
Upon consultation with the involved parties, the Dean of Students or designee may refer the matter to mediation.  Mediation is an alternative form of dispute resolution designed to reach agreement with the assistance of an objective third party.  The Dean of Students or designee will select the mediator; if the mediator is unsatisfactory to either party, the Dean of Students or designee may select another mediator or move the case to traditional adjudication channels. 
Agreement must be consensual and agreed to by all parties.  If an agreement is reached, the case will be terminated when the agreement conditions are satisfied, without opportunity for appeal.  If no agreement can be reached or the conditions of the agreement are unmet, the case will be referred back to the Dean of Students or designee and handled as an unmet sanction.

Mediation is not an option and will not be permitted for allegations of sexual assault. 

12. Charging a Student with Misconduct

12.1. Any member of the college community, including administrators, staff, faculty and students, may file a complaint against any student or student organization for misconduct.  The complaint shall be used as the basis for referring formal charges against the student or organization.

12.2. Based on the complaint, the College may issue a ‘No Contact Order” meaning that contact between the two parties is a violation of college policy subject to additional conduct charges.  If the two parties observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the other party.

12.3. Either party may request reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. Upon request of the person affected by the interim measures or accommodations, the Dean of Students (or designee) will promptly review existing interim measures and accommodations. Parties may submit evidence to support the request.

12.4. The complaint may be submitted in writing to the Dean of Students (or designee) or Campus Security. The Director of Campus Safety and Security (or designee) will submit the complaint to the Dean of Students (or designee).

12.5. After reviewing a complaint, the Dean of Students or designee may initiate the disciplinary process by giving the accused student or student organization written notice of the alleged violation(s). The notice shall clearly indicate the specific Code of Conduct provisions alleged to have been violated, possible sanctions, and shall indicate the date, time and location of the hearing. The notice will be sent at least three calendar days prior to the hearing either in person, via e-mail or mailed to his/her local and/or home address that appears on official College records.

12.6. The College seeks prompt resolution of all complaints and works to resolve Title IX complaints within 60 days .   

12.7. The Dean of Students or designee may place a disciplinary hold on a student’s record when a student withdraws from the College prior to resolution of disciplinary action.  A student with a disciplinary hold will not be permitted to register, enroll or participate in college activities until the matter is resolved with the Dean of Students or designee. 

13. Hearing Guidelines

These guidelines will be followed for all hearings to protect the rights of the students and the campus.

13.1. An administrative hearing or judicial hearing board (as defined in Sections 2.1.5 and 2.16) is not a court of law but rather a body whose mission is to educate students about, and to reinforce, proper conduct and behavior. The judicial body or hearing officer shall examine all relevant facts and circumstances at the hearing and shall come to a decision based upon a preponderance of the evidence. In all cases the burden of proof rests with the individual bringing the charge(s).

13.2. Hearings are generally regarded as confidential and closed to the public. 

13.3. Admission of any person to the hearing shall be at the discretion of the convener.

13.4. In hearings involving more than one accused student, the Dean of Students, designee, or any of the individually accused students may ask for the hearings to be conducted separately.  Whether to hold separate hearings shall be at the discretion of the Dean of Students or their designee, whose decision shall be final and not subject to appeal.

13.5. Both parties have the right to be assisted by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. The advisor may be, but is not limited to, a fellow student, faculty member, or a lawyer.  However, the complainant and the accused are responsible for presenting their own cases and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a hearing body.

13.6. Each party has the opportunity to request a one-time delay of five business days.

13.7. There is no statute of limitations for infractions for current students.

13.8. Accused students will have the opportunity to review the incident report and evidence prior to the hearing.

13.9. At the hearing the both parties should have ample opportunity to explain the circumstances surrounding the incident and are encouraged to present pertinent evidence and the testimony of witnesses in person. In addition, both parties are afforded the opportunity to ask questions of the convener and via the convener, to comment on any written statements or other evidence presented, and to respond to questions.

13.10. In cases of sexual violence, testimony may be provided via alternative arrangements, including telephone/videoconference or testifying with a room partition and each party may make an impact statement at the conclusion of the hearing.    

13.11. The hearing decision will be based solely upon matters introduced into evidence before or at the hearing. Improperly acquired evidence will not be admitted.

13.12. A record of the hearing will be made, however the medium (handwritten notes, audio recording, etc.) is at the discretion of the convener).

13.13. The convener shall have the right to consider whether the accused is responsible for a lesser included offense rather than the offense that was initially charged, and to impose sanctions accordingly, e.g., where a student is charged with trespassing, but the evidence suggests the accused is actually guilty of unlawful use of athletics facilities, they can make a finding of the same and impose a disciplinary sanction accordingly. 

13.14. The convener will render a decision within seven business days of the hearing’s conclusion. Generally, both parties are notified of the outcome simultaneously; in Title IX cases, both parties will be informed of the outcome simultaneously including sanctions and rationale for the decision and sanctions.

13.15. Judicial body members who do not feel they can be impartial during in a particular case will participate in the proceedings. Where necessary, temporary voting alternates to the JBR can be appointed by the Student Government President or College President.

13.16. The College reserves the right to have security personnel present before, during, and after all interactions related to student misconduct.

14. Appeals

A decision reached or sanction imposed by a judicial body may be appealed by the accused or complainant.  Such appeals shall be in writing and shall be delivered to the Dean of Students or designee within ten business days. The written appeal must include a statement showing why the appeal has merit.  A personal meeting with the student filing the appeal will be at the discretion of the appellate body.  The appellate body consists of an appeal hearing officer and/or committee at the sole discretion of the College President (or designee) except in cases required to be heard by an appeal committee (domestic violence, dating violence, stalking or sexual assault findings).

Except to consider new evidence that was either unknown or unavailable at the time of hearing, an appeal shall be limited to review of the record of the proceedings and/or supporting documents for one or more of the following purposes:

14.1. Procedural Error
To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with established procedures, thereby giving the accused student a reasonable opportunity to prepare and to present a rebuttal of the allegations against them. Deprivation of due process rights shall be considered procedural error.

14.2. Unsupported Conclusion
To examine whether the facts of the case support the decision, that is, whether the facts in the case were sufficient to establish a preponderance of evidence that the accused engaged in the alleged misconduct resulting in a violation of the Code.

14.3. Disproportionate Sanction
To determine whether the sanction(s) imposed were appropriate under the circumstances for the violation of the code which the student committed.

14.4. New Evidence
To consider new evidence or other relevant facts not brought out at the original hearing because such evidence and/or facts were not known at the time of the original hearing.

After a review of the record of the proceedings, the appellate body will approve, disapprove, modify, or mitigate the original findings, determination and/or sanctions.  In the case of new facts and/or evidence, the appellate body may also return the matter to the prior hearing body for a re-consideration of its initial findings. Where a matter is returned to the prior committee for re-consideration, if the either party disagrees with the outcome, they shall have the right to a further appeal on the basis’ set forth in paragraphs 14.1 through 14.4.     The appeal officer will render a decision within ten business days of receipt of the appeal request.

15. Temporary Suspension

The Dean of Students or designee may temporarily suspend a student from the College or the residence halls if, in his/her judgment, such action is necessary for protecting the health, safety, and welfare of the College or any member of the college community. Such suspension is also appropriate if the presence of the accused student threatens to disrupt the normal functions of the College or the residence halls.  Persons under temporary suspension shall not be allowed on the Jefferson Community College campus, or to attend Jefferson Community College related functions, unless given permission by the Dean of Students or designee.  

The Dean of Students or designee may, subject to prompt review, temporarily suspend a student from a facility, activity, class, program or residence halls if, in his/her judgment, the presence of the accused student threatens to disrupt the normal functions of the College.

The suspension is temporary, pending proper service of charges, referral to the appropriate judicial body, and a review of the charges by the judicial body or officer. Upon request of the suspended student, the Dean of Students shall provide for an immediate conference with respect to the basis for such suspension and, upon request, consider modification to the terms or discontinuance of the temporary suspension. Parties may submit evidence to support requests for modification, continuation or discontinuance.

16. Disciplinary Records

Any time a student is found responsible for any violation of the college rules and regulations and is sanctioned through a judicial hearing process, the sanction becomes a part of the student’s disciplinary record.  Student judicial records are confidential and retained in accordance with federal and state regulations pertaining to the destruction of records.  Records for suspensions, expulsions and disciplinary holds are retained until the student reenrolls at which time the record retention time period restarts.
A student may request, in writing, to have disciplinary records purged upon graduation from the College.  In these instances, the Dean of Students or designee shall determine, on a case by case basis, if the disciplinary records should be purged based upon seriousness of the misconduct, frequency of violation, and the sanction imposed. 

Note: The Dean of Students or designee will maintain all student disciplinary records. Such records will be kept separately from the student’s academic record except as noted in Crimes of Violence (section 6.3).

17. Readmission after Suspension

After the suspension period expires; a student may apply for readmission through the Dean of Students or designee.  Any recommendations or requirements set forth in the student’s letter of suspension will be considered as well as any other relevant information deemed necessary for review by the Dean of Students or designee.  Readmission materials must be received thirty days prior to the semester start.  Students will be notified of the decision in writing.

Rules Governing Code

Any amendments or revisions of the rules will be filed with the New York State Commissioner of Education and the New York State Board of Regents within ten days of publication.

Any question of interpretation regarding these policies and procedures shall be referred to the Dean of Students or designee for final determination.

The Statement of Student Rights and Responsibilities shall be reviewed every three years under the direction of the Dean of Students or designee.

Copies of the aforementioned provisions will be provided upon request to any students enrolled at Jefferson Community College.

This Statement of Student Rights and Responsibilities supersedes any previously dated statement by Jefferson Community College related to student conduct and student rights and responsibilities.

 

 

Revised May 2017 (Res. #123-17)