Introduction

Alfred State students are expected to comply with local, state, and federal laws relating to the use of drugs and alcohol. The College will not tolerate conduct which disrupts the campus and the academic or residential environment. The College values its relationship with the Village of Alfred and recognizes the right of its neighbors to be secure from abusive conduct caused by illegal use and/or irresponsible use of drugs and alcohol on and off campus.

With this in mind, Alfred State has established a clear, concise policy relating to the illegal use of alcohol and drugs. The use, possession, sale, or distribution of any controlled substance, the use, sale, possession, or distribution of alcohol by anyone under the age of 21, and the unauthorized possession of any central alcohol source (e.g., kegs, beer balls, trash can punches, etc.) by students on the Alfred State campus or in the course of College activities are prohibited.

The majority of offenses against people and property committed at Alfred State are a direct result of alcohol use/abuse. Such high-risk behavior is unacceptable to the student population and community at large.

Philosophy and Rationale

The Alfred State community is acutely aware of the problems that commonly result from alcohol consumption. Alcohol addiction, disruptive and destructive behavior, and the wasting of individual health and talents are perils that require recognition and preventive measures. Regardless of age, any individuals who consume alcohol to a level where they place themselves or others in harm’s way are engaged in high-risk behavior. High-risk behaviors are dangerous and antithetical to a community committed to safety, learning, and respect. When the College is notified of student misconduct in regard to alcohol misuse or abuse off campus, it may also choose to hold the student accountable through the campus disciplinary process. College policies and regulations reflect these concerns and shall serve to remind potential offenders of the likely consequences.

The purpose of the College is two-fold: It must provide the best possible opportunity for learning, and it must create an environment conducive to personal growth. These goals are hindered by alcohol abuse. Student drinking patterns that interfere with accomplishment of College goals are unacceptable and shall be cause for disciplinary action ranging from disciplinary warning to disciplinary suspension. Students who are mandated by the hearing process to attend an alcohol assessment or an alcohol and drug education program and fail to successfully complete these programs as required will be subject to further disciplinary action which may include dismissal from the College.

Overview

The information that follows serves as a sanctioning guideline used when addressing on- and off-campus violations of the College’s Community Standards involving alcohol. Sanctions may be lesser or more severe depending on the circumstances of the incident and consideration of any prior disciplinary record. To list all those acts which might constitute unacceptable conduct is impossible; however, student participation in any of the actions below or other potentially serious violations of College policy may warrant judicial action.

Personal Accountability and Responsibility

Students who are of legal drinking age and choose to consume alcohol are expected to limit their use so as not to interfere with their ability to act responsibly. Impairment from the use of alcohol does not diminish personal responsibility for one’s actions and behavior. If a student is in violation of another policy (e.g., non-compliance with College officials, law enforcement and emergency personnel, destruction of property, assault, tampering with fire safety equipment, etc.) while under the influence of alcohol, the individual is subject to disciplinary action for all violations that may have occurred.

Philosophy and Rationale for 21 and Over

The College permits persons of legal age to possess and consume alcoholic beverages in its College-administered housing units within the limits detailed below.

Philosophy and Rationale

The use and possession of marijuana and/or other drugs may have disrupting consequences that interfere with the educational mission and general welfare of the College community. Because of the potential danger of these substances, the College prohibits use, possession, distribution, or sale of illegal drugs (including marijuana), un-prescribed drugs, or of any medication or substance used for purposes other than the manufacturer’s intended use. When the College is notified of student misconduct in regard to drug use or sale off campus, it may hold the student accountable through the campus disciplinary process.

Definitions

• The term “drugs” when used in the above section includes any of the controlled substances defined in Section 220.00 of the NYS Penal Law.
• The term “marijuana” when used in the above section is as defined in Article 221, Section 221.00-221.30 of the NYS Penal law.

Philosophy and Rationale

Acknowledging that both the College and the student body have a responsibility to provide an environment which enhances the quality of life in the community and is conducive to academic achievement, any behavior which jeopardizes the safety of others and the rights of persons and property or any conduct which is not consistent with this environment is prohibited. In all circumstances, common courtesy should be exercised. Restitution may be assessed in appropriate situations in addition to disciplinary action. The following behaviors directed toward others are strictly prohibited and may subject individuals to disciplinary action and possible civil or criminal prosecution.

Philosophy and Rationale

If the College is to succeed in its pursuit of truth and dissemination of knowledge in an atmosphere where freedom of inquiry flourishes, the College must provide an institutional framework that encourages debate and freedom of intellectual endeavor without fear of consequences, The administration, faculty, and students of the college have the right of dissent and demonstration provided that they do not violate the freedom of speech, choice, assembly, or movement of other individuals or groups.

A demonstration is a public assemblage of a person or persons exhibiting sympathy with or opposition to some political, economic, or social condition or movement. The intent of the demonstrator(s) is to persuade opinion by focusing public attention on a problem by publicizing the beliefs of those participating in the demonstration. Demonstrations are to be confined to public areas of campus facilities and may be limited by time, place, and manner as to not disrupt classes, the residential environment, or the overall educational mission of the College. Students who wish to conduct demonstrations need to notify University Police.

4.1 a. Prohibiting access and/or egress from buildings and campus paths, streets, and roads will not be permitted.

Range of Sanctions: Disciplinary Warning to Disciplinary Suspension

4.1 b.Demonstrations must allow privacy for student job seekers who wish to discuss their personal career plans with an interviewer.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

4.1 c. Disruption/Obstruction: Obstructing or interfering with College functions or any College-related activity is not permitted.

Range of Sanctions: Disciplinary Warning to Disciplinary Suspension

4.1 d. Civil Disturbance: Any conduct (to include but not limited to inciting riotous behavior) which involves disturbing the peace or interfering with the educational mission of the College and/or the Village of Alfred community during or in conjunction with a disturbance is not permitted

Range of Sanctions: Disciplinary Warning to Disciplinary Expulsion

4.1 e. Littering: Littering constitutes the throwing, dumping, or depositing of trash or refuse of any kind. This destroys the campus environment as well as detracts from its appearance. Violators will be subject to campus disciplinary action and/or civil action.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Philosophy and Rationale

Alfred State expressly prohibits the sexually aggressive behavior noted below or acts of discrimination. Students found engaging in these behaviors will be subject to criminal charges and prosecution under local and state laws. There are four types of charges of sexual misconduct: nonconsensual sexual intercourse, nonconsensual sexual contact, sexual exploitation, and sexual harassment. Section 5.2, Bias-Related Harassment, states that any violation of the Code of Conduct motivated by a consideration (real or perceived) of race, sex, color, religion, ancestry, national origin, age, disability, veteran status, or sexual orientation is prohibited.

Sexual misconduct or bias-related violations that result in serious physical or psychological injury shall be considered offenses of sufficient gravity to warrant immediate interim suspension of a student prior to a hearing as outlined in the section titled “Interim Suspension” of the Administration of the Student Code of Conduct. When the College is notified of student misconduct in regard to disorderly/disruptive conduct or acts of violence (assault, sexual misconduct, bias-related crime) off campus, it may also choose to hold the student accountable through the campus disciplinary process. Please see the Rights of Respondents and Complainants (victims) as they pertain to cases of sexual misconduct and bias-related harassment. As with all alleged violations of the Student Code of Conduct, the evidentiary standard used to determine whether sexual misconduct or bias-related-harassment has occurred is known as preponderance of the evidence. In other words, the administrative hearing officer or sexual misconduct panel will render a decision based upon whether it is more likely than not that the prohibited conduct has occurred.

What if the victim’s complaint is against a member of the faculty, staff, or administration?

The victim can report a complaint to the Office of Human Resources [(607) 587-4025] and/or University Police [(607) 587-3999)]. These types of complaints are not heard in the student disciplinary system. In addition, regardless of whether a complaint is against a student or employee, the College’s Title IX coordinator can be contacted regarding any acts of sexual violence or discriminatory activity. The Title IX Coordinator can be reached at TitleIX@alfredstate.edu [4].

Investigation and Processing of Sexual Misconduct and Bias-Related Complaints: When a student registers a complaint of sexual misconduct or bias-related harassment with the College’s University Police against another student, such a complaint will be investigated concurrently by the police and the Office of Judicial Affairs or designee. If the complainant does not wish for the police to be involved, or if the complainant has indicated to the police that he/she does not wish to press criminal charges against the respondent, the investigation will be conducted by the Office of Judicial Affairs. Following a disciplinary hearing, both complainant and respondent will receive a preliminary decision by the hearing panel. The complainant will then be provided with four (4) days to provide comment (appeal) to the panel regarding the preliminary decision. Afterwards, the panel will reconvene if necessary and issue a final decision within ten (10) business days which then may only be appealed by the respondent, within four (4) days, to the vice president of student affairs. Under normal circumstances, the entire process will take no more than sixty (60) days to complete.

Complainants may request that their complaint be kept confidential and choose not to participate in a disciplinary hearing. While the College will typically allow the complainant to direct whether or not disciplinary charges are filed, such requests must also be weighed against other factors including the seriousness of the alleged incident and whether the accused individual is the subject of other complaints. The College shall inform complainants if confidentiality cannot be ensured.

The following regulations describe violation of sexual misconduct:

5.1 a. Nonconsensual Sexual Intercourse: Engaging in sexual intercourse (anal, oral, or vaginal) with any individual with any object, however slight, by an individual upon and individual without effective consent is prohibited.

Range of Sanctions: Disciplinary Suspension Disciplinary Expulsion

Intercourse is not synonymous with penetration. If it were, nonconsensual French kissing could meet the definition of oral rape. Intercourse is more limited and includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact). Effective consent is informed, freely and actively given with mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.

Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing in the same way at the same time with each other.

Consent that is obtained through the use of fraud or force, whether that force is physical force, threats, intimidation, or coercion, is ineffective consent.

Information: Forced sexual intercourse is not limited to strangers and can include people you know. Regardless of familiarity, failure to receive effective consent and to engage in sexual intercourse, can lead to a charge of nonconsensual sexual intercourse.

The College prohibits nonconsensual sexual intercourse and nonconsensual sexual contact. Students found engaging in nonconsensual sexual acts will be subject to severe disciplinary action if found to have participated in these behaviors. Whether you know another person well or not at all, failing to get effective consent to engage in sexual acts can result in charges against you.

Violators may also be subject to criminal charges and prosecution under local, state, and federal laws. Violators may also be subject to civil action. In general, most complaints involving non-consensual sexual intercourse also include a charge of nonconsensual contact.

5.1 b. Nonconsensual Sexual Contact: Engaging in a sexual contact (touching or disrobing or exposure) with any object, however slight, and by an individual without effective consent is prohibited.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

Sexual contact is defined as any contact with the breasts, buttocks, groin, mouth, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts or disrobing or exposure of genitalia. Effective consent is informed, freely and actively given, with mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.

Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing in the same way at the same time with each other.

Consent that is obtained through the use of fraud or force, whether perceived or overt, and whether that force be physical force, threats, intimidation, or coercion, is ineffective consent.

Information: Violators may also be subject to criminal charges and prosecution under local and state laws and civil action under federal law. In general, most complaints involving nonconsensual sexual intercourse also include a charge of nonconsensual sexual contact and in many instances, a charge of sexual harassment.

5.1 c. Sexual Exploitation: Engaging in any behavior where a student takes nonconsensual, unjust, or abusive sexual advantage of another for his/her own benefit or the benefit of any other than the person being exploited; and that behavior does not otherwise constitute nonconsensual sexual intercourse, or nonconsensual sexual contact is prohibited.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

Information: Sexual exploitation includes prostituting another student, nonconsensual video, photographic, or audio taping of sexual activity, or nonconsensual distribution after initial consent was given, going beyond the boundaries on consent (such as letting friends surreptitiously watch you have consensual sex), engaging in “peeping tommery,” knowingly transmitting an STD or HIV to another student, and including incapacitation with the intent to rape or sexually assault another student.

Any attempt to commit an act of sexual misconduct is also prohibited under this policy, and is aiding the commission of sexual misconduct as an accomplice. Students involved in these inappropriate behaviors can also be charged with a violation of sexual misconduct and be subject to disciplinary charges.

Minors, mentally disabled persons, or physically incapacitated persons may never give legal consent.

• Minors are those individuals under 17 years of age who legally cannot give someone over the legal age consent to engage in sexual activity (absent of a legally valid marriage or court order). Individuals who engage in sexual activity with minors can be criminally charged with statutory rape. Students under the age of 17 cannot legally give consent to engage in sexual activity.
• Mentally disabled persons are individuals who are mentally incapacitated or developmentally delayed. They cannot give consent if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. The mental disability of the party must be known or reasonably knowable to the non-disabled sexual partner in order to hold them responsible for the violation.
• Physically incapacitated persons are individuals who are physically incapacitated as a result of the consumption (voluntary or involuntary) of alcohol or other drug, or who are unconscious, unaware, or otherwise physically helpless, are incapable in giving consent. One may not engage in sexual activity with another who one knows or should reasonably have known is physically incapacitated. Physically incapacitated persons may not give consent when they lack the capacity to appreciate the fact that the situation is sexual, and/or cannot rationally and reasonable appreciate the nature and extent of the situation. It is important to note that when one is “physically incapacitated” that is different from what some individuals might describe as “having a few drinks” and then engaging in “regrettable sex.” Regrettable sex is unfortunate but in itself does not constitute being physically incapacitated.

Silence, previous relationships, and/or current relationship with the complainant (or anyone else) may not in themselves be taken to imply consent.

5.1 d. Sexual Harassment: No person or group of individuals shall engage in any form of sexual harassment, which is behavior that sexual in nature and creates an intimidating, hostile, or offensive environment. Such behavior includes, but is not limited

to, obscene phone calls, obscene computer messages, public display of offensive material, and/or courtship violence/intimidation.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

Information: Unless accompanied by allegations of nonconsensual sexual intercourse, nonconsensual sexual contact or sexual exploitation, a charge of sexual harassment is heard as an Administrative Hearing instead of by the College’s Sexual Misconduct Committee.

5.2 Bias-Related Harassment: Any violation of the Code of Conduct motivated by a consideration (real or perceived) of race, sex, color, religion, ancestry, national origin, age, disability, veteran status, or sexual orientation is prohibited.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

A disciplinary charge of bias-related behavior that results in a finding of responsibility may subject the student to the imposition of a sanction more severe than would be imposed in the absence of such motivation. Engaging in a course of conduct as described above may be a single incident or occur over a period of time. Allegations of bias-related harassment are heard by the College’s Student Conduct Committee.

Most often, as in the case of bias-related or sexual harassment, violations of this regulation represent behavior that objectifies a personal attribute, singling it out for ridicule, attack, or disparagement. Attributes include, but are not limited to,

1. Race or ethnic origin, gender, physical or mental disability, age, religion, economic class, and sexual orientation;
2. Harassment may include physical contact such as toughing or patting, written or oral comments or suggestions, or offensive pictures or “jokes,” hostile or threatening gestures, or other forms of degradation.

Violations of this regulation are serious offenses. Students who engage in harassing or threatening others can be suspended from the College. In addition, an act such as striking, hitting, biting, punching, or kicking another individual limits the College to either suspend or expel a student. A number of students have been found responsible for violating this regulation and have been dismissed from the College and have been subject to criminal prosecution and in some cases, incarceration. In many of these cases, students have unfortunately realized after the fact that small interpersonal conflicts (such as verbal disagreements) had escalated quickly into situations of severe physical contact and have regretted their lack of appropriate decision making in these incidents. It is incumbent upon all members of the College community to learn to develop those interpersonal skills which allow us to resolve conflicts without resorting to violence. The consequences for failing to do so are detrimental to all parties involved. Students who effectively resolve these conflicts may seek another student, a resident assistant, or a residence hall director to help mediate these conflicts toward and adequate resolution.

Every person is entitled to a work and learning environment free from the devastating effects of sexual harassment. Therefore, Alfred State opposes sexual harassment of both employees and students. Such harassment of employees or of students, which implies a requirement of sexual cooperation as a condition of employment or academic advancement, will not be tolerated.

Philosophy and Rationale

The following section outlines the room visitation policy for Alfred State. A copy of this policy and any subsequent visitation rules and regulations must be given to each resident upon his/her registration in that residence hall. Its purpose is to formulate and communicate the minimum requirements for safeguarding the rights of the individuals and for providing security for the residence hall and its residents.

It will be the responsibility of each student to make every reasonable effort to resolve visitation conflicts. If an individual problem cannot be settled with the assistance of the student staff, the student staff member will approach the residence hall director and request his/her advisement. The residence hall director will suggest possible courses of action to settle the dispute.

The use of residence hall facilities is limited to residents and their visitors and/or overnight guests complying with regulations established by the Student Conduct Code and by each residence hall. Any unaccompanied non-resident may be deemed a trespasser and may be subject to immediate removal from the residence hall.

The residence hall director, with the approval of the department head, shall have the authority to revoke visitation privileges for a residence hall, a floor, or an individual. The following will constitute grounds for loss of privileges: continued inability or unwillingness to accept the responsibilities of visitation in a mature, considerate manner; any unaccountable physical damage within the residence hall; and any unregistered overnight guest/visitor whose presence is known by one or more residents. If necessary, guests whose privileges have been revoked may be escorted from a residence hall by University Police.

The residence hall environment is a living/learning community which respects all students’ rights to personal privacy, free access to living accommodations, an atmosphere conducive to study, and the personal safety and protection of personal property.

It will be the responsibility of each student to make every reasonable effort to resolve conflicts involving questions of equal yet opposing rights and cases pertaining to infringement of personal rights, such as:

6.1 a Responsibilities of Hosts: It is the responsibility of student hosts to abide by all rules and regulations set for the in the Student Code of Conduct and Residential Life policies, and ensure that their guests also adhere to College policy.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Information: The following list itemizes the specific responsibilities and liabilities of student hosts:

• A visitor is any person who is not a resident and does not remain overnight. When present in a residence hall between 10 p.m. and 1 a.m. Sunday – Thursday or 10 p.m. and 3 a.m. Friday and Saturday, all visitors must register with the student staff and obtain a visitor’s pass. Failure of the visitor to leave the residence hall and to return the visitor’s pass will result in disciplinary sanctions.
• An overnight guest is any person who is not a resident of the residence hall and remains after 1 a.m. (Sunday – Thursday) or 3 a.m. (Friday and Saturday). He/she is given an overnight guest identification form which must be completed and carried at all times and presented upon request by University Police, residence hall director, or student staff.
• If a student (host) has a visitor/overnight guest in the building after 10 p.m., it is the responsibility of the host to ensure that the visitor/overnight guest registers with residence hall staff.
• No more than two overnight guests or visitors per resident at one time are allowed.
• A visitor or guest, registered with a student, is limited to three overnight visits within a 10-day period. Residence Life professional staff may grant extensions.
• Infringement of a roommate’s personal rights and property is not permitted.
• Overnight guests are not permitted during morgue hours without prior approval of the residence hall director.
• All non-residents must be escorted by a resident host. Study groups after 10 p.m. are possible in assigned areas with prior permission of the residence hall director.
• Separate lavatory facilities must be used as designated for men and women. Violators may be subject to immediate removal.
• The host must make certain that the visitor/overnight guest knows and adheres to College and residence hall rules and regulations. The host will be responsible for the action of the visitor/overnight guest including any financial responsibility for damage done by the visitor/overnight guest.
• Rooms may not be used by any person(s) without a resident of the room present. Each resident is responsible for any and all activity which occurs in his/her own room.
• If a student allows a non-resident access to a residence hall, the student host is responsible for the guest’s behavior and/or cost of any damage done.
• If a student is a visitor or guest in another residence hall, it is the responsibility of both the student and host to see that the student is registered. If the person enters the building before 10 p.m., he/she must sign in at 10 p.m. with student staff. Failure to register a visitor is grounds for disciplinary action against both the host and the guest(s).
• Gaining or permitting access to a residence hall through a door other than the one designated as the main entry will result in disciplinary action.
• Visitors under the age of 17 must be signed in with a family member and have one-day prior written parent/guardian permission. Minor visitors, as in all guests, must be supervised at all times by their student host.

6.1 b. Responsibilities of Visitor/Guests: It is the responsibility of both students and non-students to adhere to all rules and regulations set forth in the Student Code of Conduct and Residential life policies when visiting Alfred State students on College premises.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Information:The following list itemizes the specific responsibilities and liabilities of visitors/guests:

• A visitor is any person who is not a resident and does not remain overnight. When present in a residence hall between 10 p.m. and 1 a.m. Sunday – Thursday or 10 p.m. and 3 a.m. Friday and Saturday, all visitors must register with the student staff and obtain a visitor’s pass. Failure of the visitor to leave the residence hall and to return the visitor’s pass will result in disciplinary sanctions.
• An overnight guest is any person who is not a resident of the residence hall and remains after 1 a.m. (Sunday – Thursday) or 3 a.m. (Friday and Saturday). He/she is given an overnight guest identification form which must be completed and carried at all times and presented upon request by University Police, residence hall director, or student staff.
• A visitor or guest, registered with a student, is limited to three overnight visits within a 10-day period, Residence Life professional staff may grant extensions.
• Overnight guests are not permitted during morgue hours without prior approval of the residence hall director.
• All non-residents must be escorted by a resident host. Study groups after 10 p.m. are possible in assigned areas with prior permission of the residence hall director.
• Separate lavatory facilities must be used as designated for men and women. Violators may be subject to immediate removal.
• The host must make certain that the visitor/overnight guest knows and adheres to College and residence hall rules and regulations.The host will be responsible for the action of the visitor/overnight guest including any financial responsibility for damage done by visitor/overnight guest.
• Rooms may not be used by any person(s) without a resident of the room present. Each resident is responsible for any and all activity which occurs in his/her own room.
• If a student is a visitor or guest in another residence hall, it is the responsibility of both the student and the host to see that the student is registered. If the person enters the building before 10 p.m., he/she must sign in at 10 p.m. with the student staff. Failure to register a visitor in grounds for disciplinary action against both the host and the guest(s).
• Gaining or permitting access to a residence hall through a door other than the one designated as the main entry will result in disciplinary action.
• Visitors under the age of 17 must be signed in with a family member and have one-day prior written parent/guardian permission. Minor visitors, as in all guests, must be supervised at all times by their student host.

Alfred State students found to be in violation of guest policy or other violation of the Student Code of Conduct while visiting another residence hall may be banned from the residence hall where the infraction occurred.

Non-Alfred State students visiting the campus and believed to be involved in a violation of this policy or the Student Code of Conduct may be immediately banned from the campus.

6.2 Entering a residence hall during a period of limited access without showing proper identification is prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Philosophy and Rationale

The College considers tampering with fire and safety equipment a dangerous act. A student who actively and maliciously engages in tampering, deactivating, or damaging fire safety equipment, or interferes with emergency operations is endangering his/her life and the lives of others. Violators will be subject to disciplinary action up to and including disciplinary suspension, as well as possible criminal prosecution.

7.1 A. Candles: Burning of candles and incense is not permitted in the residence hall.

Range of Sanctions: Statement of Concern to Disciplinary Probation

Information: A burnt wick maybe viewed as evidence that a candle was burned in violation of this regulation.

7.1 b. Tampering with fire equipment: Tampering with fire alarms, emergency blue lights, extinguishers, pull stations, smoke/heat sensors, and any other safety devices is prohibited.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

7.1 c. Any item hung from doorways and/or windows that impedes an individual’s (e.g., emergency personnel) exit is prohibited. In addition not more than 10% of any door surface or wall space may be covered by posters, decorations, or any other item.

Range of Sanctions: Disciplinary Warning to Disciplinary Expulsion

7.1 d. Interfering with emergency operations, such as police, fire, or ambulance personnel in the course of their official duties is prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Suspension

Information: Violation of this regulation is also a violation of the NYS Penal Law and may be criminally charged.

7.1 e. Electrical appliances are prohibited in residence halls (e.g., toaster ovens, microwave ovens, extension cords of any type, any cooking equipment {with exception of hot pots, coffee makers, and hot air popcorn poppers}, hot plates, or anything with an open or exposed heating element, amplifiers, or an excessive number of speakers, and air conditioners.)

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Information: Cooking is permitted in the Townhouse Complex with exception of the use of any appliance with any open or exposed heating element.

7.1 f.Failure to comply with College requirements regarding evacuation of buildings during an alarm or fire drill is prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation (denial of campus residency may be an appropriate special condition depending on the circumstances involved)

7.1 g. The propping of any fire or exterior door (with any object including a fire extinguisher) is prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

7.2 a. Alcohol/drug promotional/decorative items (e.g., beer signs, lamp shades, etc.) are not permitted in residence hall windows, displayed on the outside of room doors, or in public lounges; individuals, organizations, teams, or clubs are not allowed to use images of alcohol (e.g., flyers, posters, and/or by electronic means) to promote events or their organizations. Favors to commemorate specific campus events for students under 21 may not include beer mugs, wine glasses, brandy glasses, flasks, shot glasses, or other alcohol-related paraphernalia to promote events or their organizations.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

7.2 b. Alcohol Paraphernalia: (e.g., kegs, beer balls, taps) are not permitted on campus. In addition, students under the age of 21, the possession of other alcohol paraphernalia (e.g., cans bottles, empty cases) is also prohibited.

Range of Sanction: Disciplinary Warning to Disciplinary Probation.

Violations that result in serious physical injury, or injury resulting from the use of a deadly weapon or dangerous instrument, shall be considered offenses of sufficient gravity to warrant immediate suspension of a student prior to a hearing as outlined in the section titled “Interim Suspension” of the Administration of the Student Code of Conduct. When the College is notified of student misconduct in regard to disorderly/disruptive conduct or acts of violence (assault, sexual misconduct, bias-related crime) off campus, it may also choose to hold the student accountable through the disciplinary process.

8.1 a. Firearms, ammunition, knives, and dangerous weapons are not allowed at Alfred State at any time unless given written permission by the College president. This regulation is in compliance with NYS Law, covered under Article 265 of the Penal Law and regulations passed by the NYS Legislature, Firearms include, but are not limited to, any pistol, revolver, shotgun, or rifle. Knives and dangerous weapons include, but are not limited to , dart guns, electronic stun gun, gravity knife, switchblade knife, metal knuckle knife, cane sword, billy, blackjack, metal knuckles, chaka sticks, slingshots, and “Kung Fu Stars.” The College also prohibits the use or possession of archery bows or arrows on campus. No more than two pocket knives, (not exceeding a three-inch blade), are permitted; however, these pocket knives may be confiscated by authorities as deemed necessary.

Range of Sanctions: Disciplinary Probation to Disciplinary Expulsion

8.1 b. The College also considers air guns, paintball guns, B-B guns, and sling shots to be dangerous, and they are prohibited. This article is inclusive of all instruments banned under Article 265 of the NYS Penal Law. Offenders will be subject to campus disciplinary action and/or criminal prosecution and liable to civil prosecution. In compliance with this law, University Police will not accept requests to safe-keep or hold firearms, ammunition, knives, or dangerous weapons belonging to any individuals, offices, or agencies of this institution.

Range of Sanctions: Disciplinary Probation to Disciplinary Suspension

8.1 c. A person 17 years of age and younger or persons who have been convicted of a felony or any assault in/outside of New York State are not permitted to possess or use self-defense spray devices. Section 265.20 (14) of the NYS Penal Law defines a self-defense spray device as a pocket-sized spray device that contains and releases a chemical or organic substance that, when directed at another person, is intended to produce temporary physical discomfort or disability against another person.

Range of Sanction: Disciplinary Probation to Disciplinary Suspension

Philosophy and Rationale

The College considers the use and/or possession of explosive devices and fireworks to be in violation of the Student Code of Conduct.

9.1 a. Explosives or explosive devices containing an explosive or inflammable compound of any tablets or other devices commonly used and sold as fireworks, or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, are prohibited on campus (with exception of a College-sanctioned event) in accordance with NYS Penal Law Article 270. In addition, compressed gases and flammable liquids may not be stored in residence halls.

Range of Sanctions: Disciplinary Warning to Disciplinary Expulsion

Information: The College considers use or possession of fireworks as a dangerous act and violators will be subject to disciplinary action and/or criminal prosecution. This regulation may be conditionally waived for temporary periods by the College president for College-sanctioned public fireworks displays.

Administration of Severe Incidents: Individuals charged with this violation that have allegedly placed others in significant harm’s way (e.g., the use of explosives to cause harm to another) will have this matter heard by the Student Conduct Committee.

9.1 b. Arson: The deliberate setting of a fire on College property is a very serious offense. Such behavior that is prohibited under this regulation includes, but is not limited to, creating or causing a bonfire, lighting trash, and lighting materials on a bulletin board or a door. These actions will be treated as deliberate attempts to start a fire.

Range of Sanctions: Disciplinary Suspension to Disciplinary Expulsion

In accordance with NYS Penal Law Article 225, gambling, which consists of a person staking or risking something of value upon the outcome of a contest, is prohibited on College property. Offenders will be liable for campus disciplinary action and/or civil action.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

Physical & Verbal

Violations resulting in serious physical injury, or physical injury resulting from the use of a deadly weapon or dangerous instrument,shall be considered offenses of sufficient gravity to warrant immediate suspension of a student prior to a hearing as outlined in the

section titled “Interim Suspension” of the Administration of the Student Code of Conduct. When the College is notified of student misconduct in regards to disorderly/disruptive conduct or acts of violence off campus, it may also choose to hold the student

accountable through the campus disciplinary process.

11.1 Assault: Assault, physical abuse, causing physical injury or bodily harm, or other forms of physical contact which threaten or endanger the health, well-being, or safety of any person or which intentionally inflicts psychological or bodily harm upon any person (“any person” as used in this section may include one’s self) are prohibited.

Range of Sanction: Disciplinary Probation to Disciplinary Expulsion

Information: Many students found responsible for violating this regulation have been dismissed from the College and also have been subject to criminal prosecution and possible incarceration.

11.2 Physical/Verbal Harassment: Verbal abuse, threats, physical harassment, intimidation, stalking, coercion (whether written or oral) and/or physical conduct which threatens or endangers the health, well-being, or safety of any person that intentionally inflicts psychological or bodily harm upon any person is prohibited.

Disciplinary Warning to Disciplinary Expulsion

12.1 Taking and/or stealing property other than one’s own, or failing to return another’s property is theft and is prohibited. Theft of services, use of another’s PIN or student ID (800#) is also prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Expulsion

12.2 Possession of property (considered here as stolen) is prohibited.

Range of Sanctions: Disciplinary Warning to Disciplinary Expulsion

Information: Past violations of this regulation have included possession of municipal road signs, traffic cones, construction lights, construction signs, street signs; theft of College equipment (including residence hall furniture or lounge and common area furniture on campus) or campus services (residential room use, cable, laundry, food, meals, vending machines, computer, software, telephone service); tampering with College equipment; possession or use of another person’s room key; and removal of College furniture and equipment without written authorization from the College; and any behavior that constitutes a violation of theft or possession of stolen property under federal or State laws.

Please note that some students have been charged with a violation of this regulation as a result of being in possession of stolen property and not having a traceable bill of sale of the item purchased. Students need to be careful when purchasing an item from a person not known to them, as they may be selling stolen property. If another person sells an item to you, you need to get their name, address, and phone number when you accept the purchase. Students charged with a violation of this regulation can also be charged criminally and be subject to court fines and possible incarceration.

Philosophy and Rationale

Motor vehicles and motorcycles operated and/or parked on the campus are subject to campus regulations as well as local, state, and federal laws. Rules affecting the operation and parking of vehicles are described in the “Parking Rules & Regulation” brochure. Students will be notified at least one week prior to changes in parking regulations unless special circumstances necessitate a more rapid change.

13.1 b. Snowmobiles, miniaturized motorcycles (including electric-powered), and all-terrain vehicles may not be operated on College-owned areas unless otherwise authorized by an appropriate College official.

Range of Sanctions: Disciplinary Warning to Disciplinary Probation

13.1 c. All motor vehicles, motorcycles, mopeds, or other fuel-powered engines – as assembled or disassembled – may not be operated in the College residence hall/facilities unless otherwise authorized by an appropriate College official.

Range of Sanction: Disciplinary Warning to Disciplinary Probation

Philosophy and Rationale

Student organizations will be subject to disciplinary action for violating any section of the Student Code of Conduct. Organizations are responsible at their events for any conduct which is in violation of any local, state, or federal law. For any organization requiring pledging, all individuals who pledge must have a minimum cumulative grade point average (GPA) of 2.0 (out of a possible 4.0). For more information contact the Office of Student Life.

Any organization engaging in the following conduct prohibited under the New York Code of Rules and Regulations 535.3 will be subject to disciplinary action. Restitution may be assessed in appropriate situations in addition to disciplinary action.

Hazing

Any organization, individual, or agency not acting in accordance with the Alfred State Hazing Regulations and the NYS Penal Code will be subject to disciplinary action.

Range of Sanctions (individuals): Disciplinary Probation to Disciplinary Expulsion

Range of Sanctions (organization): Disciplinary Suspension to Disciplinary Expulsion

Information: Organizations which operate upon the campus of Alfred State or upon the property of Alfred State used for educational purposes or any recognized organizations operating off campus, shall be prohibited from taking any action, creating or participating in the creation of any situation which recklessly or intentionally endangers the mental of physical health of any person, or which involves the forced consumption of alcoholic beverages or drugs by a person for the purpose of initiation into or affiliation with any organization. Any organization which permits the prohibited conduct described shall be subject to the permanent rescision of permission to operate upon the campus or upon the property of the state-operated institution used for educational purposes; or, in the alternative, a period of suspension of said permission to operate; or probationary status with supervised conditions of operation. The penalty provided in the subdivision shall be in addition to any penalty which may be imposed pursuant to the Penal Law and any other provision of law, or to any penalty to which an individual may be subject pursuant to 8 NYCRR 535.

Section 6450 (1) of the Educational Law requires that the provisions of 8 NYCRR 535, which prohibits reckless or intentional endangerment to health of forced consumption of alcoholic beverages or drugs for the purpose of initiation into or affiliation with any organization, shall be deemed to be part of the bylaws of all organizations which operate upon the campus of any state-operated institution used for educational purposes. The statute further requires that each such organization shall review these bylaws annually with individuals affiliated with the organization.

Alfred State also enforces local, state, and federal laws, specifically including, but not limited to, NYS Penal Law, NYS Education Law, and New York Code Rules and Regulations (NYCRR).

Under the Penal Law, a person can be found guilty of hazing in the first degree (a Class A misdemeanor) if the person is found to be “intentionally or recklessly engaging in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury” (Penal Law, 120.16). An offense designated as hazing in the second degree (a violation) incorporates a nearly identical definition except that no actual injury to any person need be proved (Penal Law, 120.17). A conviction of this offense can carry up to 15 days in jail, a monetary fine, and community service obligations.

Whenever the chief administrative officer has determined on the basis of a complaint or personal knowledge that there are reasonable grounds to believe that a violation(s) exists of these provisions by any organization which shall state the provision proscribing the conduct and shall specify the facts alleged to constitute such violation.

Such written charges shall be served upon the principal student officer of the organization by the College. Upon written request by an authorized representative of the organization, the associate dean for judicial affairs, as the vice president for student affairs’ designee, shall provide the representative of the organization an opportunity for a hearing. The Student Conduct Committee shall hear or receive any testimony or evidence which is relevant and material to the issues presented by the charge which will contribute to a full and fair consideration therefore and determination thereon. In cases of alleged violations of recognized Greek organizations, the cases shall be heard before the Greek Judicial Board. The organization’s representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The Student Conduct Committee (or where appropriate, the Greek Judicial Board) shall submit written findings of fact and recommendations for dispositions of the charge to the associate dean for judicial affairs. Notice of the decision shall be in writing, shall include the reasons supporting such decision, and shall be served on the principal officer of the organization by mail in the manner described in the above paragraph within a reasonable time after such decision is made.

Computer Misuse and Fraud

Computer misuse and fraud are prohibited under the College’s Acceptable Usage. Guidelines and includes the following: obtaining access to the College computers, software, or terminals without proper authorization from the College; obtaining from or giving a password to another person; or deleting, damaging, altering, or causing destruction to College computer equipment, software, or data without proper authorization from the College. Making unauthorized copies or downloading/uploading copyrighted materials (e.g., software, music, and movies) is not permitted.

Range of Sanctions; Disciplinary Warning to Disciplinary Expulsion

Information: College computing accounts are for educational purposes only. Hacking is illegal and prohibited under this policy. “Spamming” and any form of mass e-mailing are considered harassing and a violation of this policy. Using unauthorized scripts that result in “crashing” or damaging a College computer or College community member’s computer is a violation of this policy. Downloading or uploading copyright-protected materials without authorization of the copyright owner is a violation of federal law and this policy. For more information, refer to the Alfred State Acceptable Usage Guidelines (https://sysreg1.alfredstate.edu/index.php [5]) or contact the Help Desk (607) 587-4357.

Past violators have been subject to revocation of computer privileges, disciplinary sanctioning, and prosecution under state and/or federal laws, civil fines, possible arrest, and/or incarceration.

A. Range of Sanctions and Special Conditions for Students Accused of Violating College Regulations

An important objective of the college Judicial System is that of education of all participants through the judicial process. Sanctions and special conditions such as suspension, probation, and community restitution are not regarded as punishments or controls but rather as educational devices to assist the student in attaining the maturity required to live in society. Suspension may be one way of telling the student that he/she is not yet ready for the living environment and/or education the College offers. The awareness itself may be a significant step in educating the student in question.

These conditions will vary with each case and may result in restriction from participating in intercollegiate athletics, co-curricular and residential life activities, or involve requirements not academically restrictive in nature and which are intended to be educational in nature. A student may be required to participate in a mentoring and/or counseling relationship as designated by the appropriate hearing body.

The imposition of sanctions and special conditions is based upon the severity of the behavior exhibited by the student and subsequent review of any past disciplinary actions and their outcomes with the student. Repeated offenses are clearly looked upon less favorably by hearing bodies and can lead to more severe sanctions including suspension or expulsion from the College. It is incumbent upon students to learn how to make decisions that will increase their compliance with the College’s community standards and reduce the likelihood of a repeat offense.

Repeat Offenses: Students who are found responsible for a code violation and receive a sanction must make every effort to insure they do not have a repeat offense. It is the College policy that a student currently on a sanction cannot receive a lesser sanction for a second offense and that the minimum for a second offense is an extension of the current sanction. This extension can only be extended to the student once while on a sanction. If the student has a third offense while on an extended sanction, the next highest sanction is the minimum sanction that can be imposed by the hearing officer/panel.

B. Types of Sanctions

All disciplinary status levels listed below are subject to special conditions (specific restrictions and/or extra requirements) as deemed appropriate by the hearing body.

1. Disciplinary Warning: A Disciplinary Warning is an official notification to the student that his or her behavior has been unacceptable. Any additional misconduct may result in further disciplinary action. Disciplinary Warning is for a specific period of time not to exceed one calendar year during which further violations of College regulations will result in more serious sanctions.
2. Disciplinary Probation: Probation indicates to a student that his or her behavior has resulted in a sanction close to disciplinary suspension. It is imposed for a definitive period of time. Disciplinary Probation may be imposed up to a maximum period of 18 months per each offense. Any further misconduct on the student’s part when on probation may result in his or her suspension from the College.
3. Disciplinary Suspension: Suspension prohibits the student from attending Alfred State and from being present without permission from the vice president of student affairs (or designee) on College property for the duration of the sanction, which shall not exceed the current semester and up to one full academic year following its effective date. Any person in violation of this provision will be subject to arrest, possible fine, and/or incarceration for criminal trespass (sections 140.10 and 140.15 of the NYS Penal Law). If required by the sanction, students who have been suspended must petition for re-enrollment through the vice president for student affairs or designee. Additional conditions for readmission may be specified. Suspension will be noted on the student’s permanent educational record.

A decision of suspension terminates the person’s status as an enrolled student and prohibits the student from attending classes. Persons who reside on campus shall remove their belongings from their place of residence within 24 hours of notice that the penalty of suspension has been rendered. Reinstatement of conditions for reinstatement, if any, shall depend upon an evaluation by the vice president for student affairs or designee following application for reinstatement by the student. Students who are suspended from the College will not receive any credit for the classes enrolled in at the time of the infraction and residential students are also responsible for full payment of all fees (room, board, college fees) and will not be eligible for any reimbursement.

1. Disciplinary Expulsion: Expulsion prohibits the student from attending Alfred State and from being present without permission from the vice president of student affairs (or designee) on the property. Any person violating this provision will be subject to arrest, possible fine, and/or incarceration for trespassing. Expulsion will be noted on the student’s permanent education record.

A decision of expulsion terminates the person’s status as an enrolled student with no opportunity for reinstatement. An expelled student may not enter onto any part of the campus without specific authorization from the vice president for student affairs. Persons who reside on campus shall remove their belongings from their place of residence within 24 hours of notice that the penalty of expulsion has been rendered. Students who are expelled from the College will not receive any credit for the classes enrolled in at the time of the infraction and residential students are also responsible for full payment of all fees (room, board, college fees) and will not be eligible for any reimbursement.

Please note: A record of disciplinary sanctions may impact a student’s ability to be a resident assistant, student government officer, orientation leader, judicial board member, etc. or participate in International Study Programs. Such a record must be reported on most laws school applications, state bar examiner reports, medical school applications, some graduate school forms, some college transfer forms, and in some instances, job applications particularly for federal or state positions.

C. Special Conditions

Special conditions are the method in which a hearing officer or hearing panel is able to individualize a student’s disciplinary outcome. Special conditions are imposed if it is believed they can help in the growth and development of a student, protect the student or the community, or help to make the community whole.

It is the student’s responsibility to provide the hearing officer with documentation that he/she has compiled with the special condition. Examples include copies of an apology letter, a note signed by the supervisor that a community service project has been completed, and a written release from a counselor that an alcohol assessment has been completed.

1. Administrative Relocation: Requirement to relocate to another room within the residence hall system on a space-available basis.
2. Community Restitution: The philosophy of community restitution is based on the premise that if you are found in violation of community standards, you have taken something away from the Alfred State community. Therefore, it is the College’s expectation that students assume responsibility for their behavior and restore something back to the on- or off-campus community. Community restitution may take the form of a service project or financial responsibility which provides the student with the opportunity to reflect upon his/her decision making, the consequences involved with those decisions, as well as the ability to contribute to the community in a positive way. Many of these activities are coordinated through the Office of Judicial Affairs.
3. Counseling Assessment: A student may be required to complete a comprehensive substance abuse assessment and/or treatment program and/or a psychological/psychiatric assessment.
4. Educational Project: Completion of a project specifically designed to help the student understand why the Community Standards violation was inappropriate. This may take the form of mandatory participation in an alcohol education program.
5. Housing Prohibition: Permanent separation of the student from the residence halls. A person denied campus residency is prohibited from entering any residence hall. Any person violating this provision can be subject to arrest, possible fine, and/or incarceration for trespassing.
6. Loss of Privileges: Denial of specified privileges for a defined period of time (e.g., guests, computer, housing selection, residence hall visitation, operating a motor vehicle on campus, possessing/using sound amplifying equipment in residence, serving as an officer of any recognized student organization (which include varsity sports, intramurals, musical groups, theatrical groups), dining services, representing the College, co-curricular activities, work study, participating in graduation ceremonies, etc.).
7. No Contact: A no contact is a condition imposed in instances where it is determined that a student poses a potential threat to another. This condition, specific to a person and/or location, would prohibit the subject of the condition from having any further direct or indirect contact, including e-mail, mail, telephone, etc., with the offended individual. In addition, such a condition prohibits contact by third-parties on their behalf. A no contact condition may be imposed summarily (i.e., prior to a hearing or as a result of a hearing). Violation of a no contact condition could result in more serious disciplinary action.
8. Parental/Guardian/Administrative Notification: The proper college authorities shall be notified of any sanction. In addition, when students are found responsible for the use, possession, and/or distribution of alcohol and/or illegal substances, the College reserves the right to notify students’ parents/guardians.
9. Restitution: Compensation for loss, damage, or injury. This may take the form of monetary (financial restitution) and/or material replacement.
10. Residency Probation: Official reprimand/notice to the student that his/her housing status is in jeopardy for a defined period of time. Future violations of Community Standards may subject the student to Revocation of Housing Contract or Housing Prohibition.
11. Revocation of Housing Contract: Revocation of housing contract is for a defined period of time, after which the student is eligible to return. A person denied campus residency is prohibited from entering any residence hall. Any person violating this provision will be subject to arrest, possible fine, and/or incarceration for trespassing. Additional conditions for readmission may be specified.
12. Delayed Suspension: A special condition for a student on disciplinary probation that informs the student that another violation of the student code of conduct regardless of the severity of the violation will result in a minimum sanction of Suspension.

Other special conditions may be imposed in addition to those listed above if the hearing officer believes they may aid in the growth or development of the student, protect the student or the community, or help to make the community or individual members whole.

D. Permanent Notation on the Transcript

For lesser violations of the Student Code of Conduct where the student has been suspended, the College will temporarily note the sanction of “suspension” on the academic transcript for the duration of time that the student is suspended from classes. This disciplinary notation will be removed when the student returns to classes. If the student does not wish to return to the College but would like the notation removed from his/her transcript, he/she may make a request in writing to the vice president of student affairs to have the notation removed. If the request is approved, the notation will not be removed until after the sanction of suspension has expired.

For serious violations of the student code of conduct, especially hazing and conduct which is considered by the College as an act of violence (physical assault, sexual assault, drug sale, bias-related crimes), or leads to death or serious injury of another person, the sanction shall be permanently noted on the student transcript.

The College will permanently note “expulsion” on the transcript for a student expelled from the College. There is no opportunity to remove the notation of expulsion. These notations on a transcript for student misconduct are imposed by the vice president for student affairs and are subsequently placed on the student’s record in the Registrar’s Office through notification by the Office of Judicial Affairs.

E. Ineligibility for Refunds

Whenever students are suspended or expelled from the College, they also are not eligible for any refund of tuition or fees (including but not limited to room, board, student activity fee, lab fees) for the semester he/she was enrolled.

The vice president for student affairs has responsibility for all cases of nonacademic misconduct. It is the responsibility of the Office of the Vice President for Student Affairs to coordinate and evaluate the judicial process of the College. The vice president for student affairs designates the associate dean for judicial affairs as the staff member responsible for the daily administration of student violations of the student code of conduct.

A. Filing Written Complaints

All members of the campus community and others can report alleged violations of College regulations. They can do so by submitting a written complaint to an administrative hearing officer (residence hall directors), or the associate dean for judicial affairs. The associate dean for judicial affairs can assist any College member in writing a complaint and preparing a case against another student.

B. Notification of Disciplinary Charges

Students charged with a violation of College regulations shall be notified in writing of the charge(s) imposed (persons or offices lodging a specific complaint, the range of sanctions related to the charge(s) applicable, and the date and time scheduled for the initial conference). Students can be charged with a violation of College regulations while not enrolled in classes. Students academically dismissed or inactive must answer to the charge imposed prior to returning to the College as an enrolled student. An initial conference provides the student with an opportunity to discuss the procedures of a disciplinary hearing with an administrative hearing officer. Decisions on whether a student is considered responsible for violating a College regulation is determined in a disciplinary hearing (see Disciplinary Hearing Bodies in this section).

C. Initial Conference

An administrative hearing officer shall schedule an initial conference with the accused and shall notify the accused in writing, of the time, date, and place of the meeting which shall be conducted within five (5) business days from the time of notification. This Initial Conference Letter will be mailed to a student at either his/her on-campus address (residential students) or home mailing address (commuter students). At the initial conference, the student will review (and receive a copy, if a request is made to this effect) all written documentation that will be presented during an administrative hearing or a hearing with the Student Conduct Committee, ask questions regarding the hearing process, and affirm or negate each charge imposed by the College. Initial conferences generally occur within seven (7) business days from the date of the incident. The student’s rights in the disciplinary process, hearing formats, and the range of sanctions that pertain to the charges imposed will also be discussed at the initial conference.

If the student fails to appear at the initial conference, all charges can be considered true and accurate and appropriate administrative action shall be taken by the administrative hearing officer.

At the initial conference, a student may elect one of the following courses of action:

1. To sign a statement accepting responsibility for violating a College regulation. For cases where there is a charge of a violation of a College regulation that falls under Level B (severe cases), the case is referred to the Student Conduct Committee. Otherwise, the case is then adjudicated administratively by the College official conducting the initial conference, who will take appropriate action including the possible imposition of a sanction and special condition(s). If the student wishes to demonstrate mitigating circumstances by producing relevant witnesses or evidence, a postponement of up to 48 hours can be requested. The student may also request that his/her case be assigned to a different administrative hearing officer. At that time, the associate dean will administer this action.
2. To elect to not appear at the hearing, at which time a decision by the administrative hearing officer shall be made based upon the evidence and information presented at the hearing and appropriate administrative action shall be taken by the administrative hearing officer.
3. To deny the alleged violation(s), in which case the official conducting the initial conference shall assign the case to one of the following courses of action based upon the type of charges imposed:

(a) To hear the case immediately with the official conducting the initial conference (for violations of regulations that fall under Level A). An administrative hearing would be conducted by the official. The official may, in appropriate cases, postpone a hearing in order to allow the accused to prepare a defense or to arrange for the complaint to appear. The official may assign, or the student may choose to have, the case heard by another administrative hearing officer.

(b) To refer the case to the Student Conduct Committee (for violations of Level B regulations). If, however, the Student Conduct Committee cannot convene, the associate dean for judicial affairs or designee will arrange a hearing by an administrative officer. The associate dean for judicial affairs may, in appropriate cases, grant additional time to the student charged to prepare for the hearing.

The following table summarizes how cases are routed in the College’s disciplinary system. It is important to note that when a student is facing multiple charges in an incident but one of the charges carries a maximum sanction of expulsion, the case is automatically referred to the Student Conduct Committee. Violations of sexual misconduct are heard by specialized panels of the Student Conduct Committee. (See Procedures for Hearing Cases of Sexual Misconduct for additional information.)

*Administration of severe Indents: Individuals charged with these violations that have allegedly placed others in significant harm’s way (e.g., an individual provides alcohol to another where a level of significant alcohol intoxication occurs) will have this matter heard by the Student Conduct Committee.

D. Rights of Students Accused of Violating College Regulations

Students charged with one or more violations of College Regulations have a right to:

1. Receive a written statement of initial charges. If requested, students will be allowed to examine any written statements of evidence which the College plans to submit to the hearing body (written statements are normally reviewed at the initial conference).
2. Reasonable time to prepare for the hearing.
3. Be present at the hearing during the presentation of any matters on which a decision may be based.
4. Present an explanation of their situation/circumstances at the hearing and ask individuals to present information on their behalf. However, should students fail to appear at the scheduled time and place, the hearing will be held in their absence.
5. Be accompanied by another member (defined as a registered student, faculty, or staff member) of the campus community to serve as “hearing adviser.” A hearing adviser is permitted to advise the student charged in the organization of their thoughts and presentation of materials and can advise the student directly in the hearing. Hearing advisers may not respond to any questions for the accused. Hearing advisers may be present at hearings only.
6. Ask questions of the hearing board/officer and of any witnesses.
7. Present a summary statement at the close of the hearing.
8. A decision of the accuracy of charges by the Student Conduct Committee’s hearing board or the administrative hearing officer is based solely upon the evidence and testimony presented at the hearing. If the charges are found to be true, a decision on a sanction can be based upon the hearing and other matters of record.
9. An expeditious hearing of the student’s case.
10. A written report of the results and findings of the hearing within four (4) business days of the hearing.
11. Appeal the decision of the hearing board or administrative hearing officer.

E. Disciplinary Hearing Bodies

Administrative Hearing: Administrative hearings are conducted by College staff designated by the vice president for student affairs. All administrative hearing officers are trained in the educational merits of disciplinary proceedings and the basic tenets of due process. Administrative hearing officers will review the charge against the accused student and the evidence presented to support the charge. All administrative hearings are closed to the public. No disciplinary action shall be taken unless it is established by a preponderance of evidence upon the record considered as a whole that the accused student has committed the charged offense. Findings and an explanation of decisions resulting from administrative hearings shall be rendered in writing within four (4) working days. Administrative hearing officers may impose sanctions ranging from disciplinary warning to disciplinary probation and may recommend sanctions of suspension and expulsion to the associate dean for judicial affairs.

Student Conduct Committee: The Student Conduct Committee is the highest judicial body of the College. This committee is responsible for hearing and considering violations of the Student Code of Conduct that are of a sufficiently serious nature that might lead to disciplinary suspension or expulsion from College. The role of the committee is to hear cases and make recommendations for disciplinary action, suspension, or expulsion to the associate dean for judicial affairs. The associate dean will determine the action to be taken thereafter.

The Student Conduct Committee shall consist of eight students, eight faculty members, and four staff members. Selection to the Student Conduct Committee shall be made by the vice president for student affairs. Appointments shall be made during the spring semester with the normal term of office for students being two years and the normal term of office for faculty and staff members being four years. Terms shall be staggered so that equal numbers of terms expire each year. All members of the Student Conduct Committee must complete a training session with the Office of Judicial Affairs before they serve on a panel. In addition, the vice president annually appoints one member of the committee to serve as chair of the Committee (usually tenured faculty member). The chair shall preside over the hearing panel session and can be a member of the faulty or staff. In some cases, it may be necessary to appoint an alternative hearing panel chair when the chair is not available. Alternate chairs must attend a training session for chairs that will be conducted by the vice president for student affairs (or designee) and the Committee chair.

The vice president for student affairs shall appoint a staff member to be responsible for administering student judicial affairs. This responsibility is assigned to the associate dean for judicial affairs who will be responsible for convening hearing panels. The associate dean for judicial affairs shall select two students, two faculty, and one staff member to serve on a panel to hear each case as it occurs (forming a five-person panel, of which one is the Committee chair). In the event a five-person panel cannot be convened, the associate dean will convene a three-person panel (one faculty, one staff, and one student member, where either the faculty or staff member will serve as chair of the panel). If neither a five-nor three-person panel can be convened, the case may be heard administratively by the associate dean for judicial affairs. The associate dean may appoint a staff member to present the case to the hearing panel. The Student Conduct Committee will not ordinarily meet during finals week, the summer, or during official College breaks. During these periods, the functions of the committee shall be carried out by administrative hearing officers. Hearings where a sanction of suspension or expulsion can be imposed shall be taped by the chair of the hearing panel. The audio recording can be made available to the accused student if requested for the sole purpose of appealing a disciplinary decision. In these instances, the student will be allowed to listen to the recording in the Office of Judicial Affairs.

The Student Conduct Committee can hear cases where a sanction of suspension of expulsion is a possible outcome. Cases shall be referred to the Student Conduct Committee by the associate dean for judicial affairs. Hearings shall be private (limited to the complainant, respondent, incident witnesses, hearing advisers, associate dean for judicial affairs, members of the hearing panel) and are not open to the public. The only exception to this clause is when the College has been notified by law enforcement officials that criminal charges have been filed against the respondent. In these instances only the respondent may have an attorney present solely for the purpose of protecting the respondent against self-incrimination in a future court proceeding. The attorney may not serve in any other capacity during the hearing including speaking on behalf of the respondent or questioning/addressing those present. No disciplinary action shall be taken unless it is established by a preponderance of evidence upon the record considered as a whole that the accused student has committed the charged offense.

The chairperson of the Committee shall file a report to the associate dean for judicial affairs of each case heard before the Student Conduct Committee. These reports are to include a statement of charges, the plea, the decision of the committee, the evidence considered, and the reasons for the final action taken, if any. Decisions of the hearing panel are final, unless appealed by the accused. However, the hearing panel can only recommend to the associate dean for judicial affairs that a sanction of suspension or expulsion be imposed. Appeals of decisions regarding suspension or expulsion are heard by the vice president for student affairs. Such appeals from a student must be made in writing within four (4) business days of receipt of the decision or the matter is considered as final.

F. Order of Business for Disciplinary Hearings

Unless otherwise determined by the chair of the Hearing Panel or the administrative hearing officer, the hearing will generally follow the order described below.

a) Members of the Hearing Panel introduce themselves and ask all present to do the same.

b) The panel chair briefly reviews the hearing procedures as outlined here.

c) The charges are read by the coordinator of judicial affairs/administrative hearing officer.

d) The complainant may first present his/her testimony. Members of the Hearing Panel may question the complainant at any point during this presentation. The respondent will have the opportunity to question the complainant after this testimony is finished. If the complainant does not present his/her testimony, or if the College is the complainant, administrative officer or Hearing Panel chair may read a summary of the alleged event(s).

e) When the complainant has finished, the complainant’s incident witnesses will each present testimony, with the Hearing Panel and the respondent permitted to ask questions as in step (d) above.

f) When the complainant has produced the evidence he/she wishes to present, the respondent will be given the opportunity to present his/her testimony and incident witnesses’ testimony as in (d) and (e) above. Again, both the Hearing Panel and the complainant will be permitted to question the respondent and his/her incident witnesses. Character witnesses are not permitted at any disciplinary hearing. Respondents may elect to submit written character references for the hearing panel/administrative officer to review as a part of their deliberations.

g) When the respondent has produced the evidence he/she wishes to present, the Hearing Panel may ask further questions of either party or recall witnesses. The Hearing Panel may call brief recesses at any time to discuss the proceedings, and may ask further questions upon return from any such recess.

h) The chair may also call witnesses, including expert witnesses from the College staff, to aid the Hearing Panel in its consideration of the case.

i) When the Hearing Panel’s questions have concluded, the chair should inform the respondent that a written decision will be sent to him/her. The hearing will then be adjourned. The members of the Panel will meet in executive session to deliberate and to render a decision.

A. Basis for Findings: Standard of Evidence

The standard or basis for findings refers to the criterion or measure of proof that is used to assess if a student is responsible or not for violating Community Standards.

The basis for findings used during any judicial proceeding is a preponderance of the evidence. A preponderance of the evidence means that the hearing panel/officer found that a level of evidence presented led to more than a 50% finding that a student is in violation of a regulation of these Community Standards and thus responsible for a code violation. An easier way to think about this may be to consider the question, “Is it more likely than not that with the evidence and testimony presented that the student violated Community Standards?” If the answer is “Yes,” the hearing officer/panel has achieved a preponderance of evidence.

The College uses a preponderance of the evidence as a standard of evidence for student disciplinary hearings because it is the basis for findings that is the most conducive to the academic setting and the educational process found is disciplinary hearings.

H . Appeals

Students may wish to appeal decisions of the Student Conduct Committee/administrative hearing officer. To initiate an appeal, the student must submit a written appeal within four (4) days of notification of the results of the hearing. The College can only accept appeals from the respondent. It cannot accept appeals from third parties (e.g., parents, faculty, staff, and friends). All appeals must be submitted in writing to Office of Judicial Affairs (EJ Brown Hall room 106A). The vice president for student affairs will review all appeals where a sanction of suspension or expulsion was imposed, appeals submitted for cases heard by the associate dean for judicial affairs, or cases that are heard under a charge of sexual misconduct. All other appeals are heard by the associate dean for judicial affairs. Students who have been sanctioned with suspension of expulsion may request to listen to the audio recording made during the hearing prior to their submission of an appeal letter.

An appeal must be in writing and its scope shall be limited to the following:

(a) Question of Fact: Students may appeal on “questions of fact” by introducing new evidence which would significantly affect the outcome of the case. Evidence that comes forward that was not known by the accused shall be considered new evidence. Evidence that was withheld by a student shall not constitute a question of fact, nor is it to be considered upon appeal.

(b) Question of Procedure: Appeals will be considered on the basis of “questions of procedure” by demonstrating that the procedural guidelines established in this document were breached and that such departure from established procedure significantly affected the outcome of the case.

(c) Severity of Sanction: Students may appeal the “severity of sanction” that has been imposed by presenting a statement explaining why they feel the penalty is too severe.

Appeals are considered for breach of procedures when the procedure in question directly affects the disciplinary decision rendered. For example, the time of notification of a disciplinary decision could result in a procedural breach but would have had no impact in how the decision was initially rendered by a panel. Thus, no grounds for appeal would be granted. However, if the hearing chair, per se, failed to allow the respondent or complainant to ask questions in the hearing related to the charges imposed, such action may constitute a procedural breach that eventually affected how the panel reached a decision. As a result, a respondent might assert that this type of procedural breach was grounds to submit an appeal.

All facts and evidence related to the case shall be reviewed by the vice president for student affairs (or associate dean for judicial affairs) to determine whether just cause exists to overturn the Student Conduct Committee’s recommendation/administrative hearing officer’s decision. If just cause is demonstrated to exist, then the appellate officer may choose to rehear the case or modify the sanction and/or special conditions imposed. If no just cause is demonstrated to exist, the appellate officer shall notify the student in writing of why the appeal was denied. This action shall be final and is not subject to further appeal.

A. Pre-Disciplinary Hearing Information & Procedures.

Off-Campus Complaints: Alfred State takes judicial jurisdiction to the extent practical and possible, over all sexual misconduct cases as long as the person charged is a student, regardless of the enrollment status of the alleged victim,

The College will also take judicial jurisdiction to the extent practical and possible, over all sexual misconduct cases that occur off campus, if the person being charged and the alleged victim is a student and the impact of the assault is likely to have a substantial effect on the alleged victim’s on-campus life and activities, or if the incident poses a threat or danger.

To the extent practical and possible, Alfred State may also take judicial jurisdiction over students charged with off-campus sexual misconduct cases where the alleged victim is not a student. Complaints can also be brought against students when incidents take place during a period when the College is not in session (such as spring break). This policy does not include adjudicating incidents that occurred before the accused was matriculated or after the student has graduated. The College cannot hear complaints against students who have graduated.

B. Rights of Complainant and Respondent for Cases of Sexual Misconduct or Bias-Related Harassment

It is the goal of Alfred State to ensure that student victims (complainant) and the student accused (respondent) of sexual misconduct or bias-related harassment have access to needed resources, services, and information. Alfred State strives to offer a reasonable parity of resources, services, and information, to the extent possible, to all parties to the complaint, including, but not limited to, the following rights:

Rights of Complainant (Victim): It is the goal of Alfred State to ensure that students alleging sexual misconduct or bias-related harassment have access to needed resources, services, and information including:

• The right of the victim to be treated with respect by College officials;
• The right not to be discouraged by the College officials from reporting a sexual misconduct or bias-related offense;
• The right to a College “No Contact” condition (for student victims) against another student who has engaged in or threatens to engage in stalking, threatening, harassing, or other improper behavior that presents a danger to the welfare of the complaining student or others;
• The right to have complaints of sexual assault or bias-related harassment responded to quickly and with sensitivity by University Police;
• The right to be informed of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by College Sexual Assault Response Team (SART) advocates (for AS students involved in complaints of sexual misconduct), if the student so chooses. This also includes their right not to report, if this if the victim’s desire;
• The right to be notified of available medical services, counseling, mental health, or student services for victims of sexual assault, both at the College and in the community;
• The right to notification of options for, and available assistance in, changing academic and living (campus residential) situations after an alleged sexual assault or bias-related harassment incident is reported, if requested by the victim and if such changes are reasonably available (no disciplinary charges or completed investigation, College or criminal, need occur before this option is available);
• The right to be accompanied by another member of the College community (defined as a faculty or staff member of the College community) to serve as “adviser.” An adviser is permitted to advise the student in the organization of their thoughts and presentation of materials and can advise the student directly in the hearing. (Adviser may not address the hearing board or any other individuals prohibiting testimony and may not respond to any questions for the respondent. Advisers may be present at hearings only. Members of the press and attorneys are prohibited from serving as advisers during a sexual misconduct disciplinary hearing);
  • As noted below in the section titled Rights of the Respondent, in instances where the College has been informed that criminal charges have been filed against the respondent, the respondent may choose to have their attorney present for the sole purpose of advising their client whether or not to answer questions. In such a situation, the same courtesy will be extended to the complainant as well. Attorneys for either the respondent or complainant may not serve in any other capacity during the hearing including speaking on the behalf of their clients, or questioning/addressing those present.
• The right not to have irrelevant, prior sexual history admitted in a College hearing;
• The right to review all written statements regarding any discussion that will be presented following an initial conference (and prior to the disciplinary hearing);
• Ask questions of the hearing board and via the hearing board indirectly request responses from the complainant and any other witnesses present);
• The right to make an impact statement at the conclusion of the disciplinary hearing;
• The right to write a victim-impact statement to the disciplinary panel prior to rendering a final disciplinary decision;
• In accordance with Victims Right to Know law, in cases of physical violence/harassment, and sexual assault the complainant/victim is provided with copies of the respondent’s initial conference and disposition letters. In addition, in these cases the complainant/victim also has the right to attend the respondent’s hearing;
• The right to receive a draft decision, in writing, of the hearing officer or panel’s preliminary decision and provide comment (appeal), also in writing, within four (4) business days to the hearing panel before a final decision is rendered;
• The victim does not have a right to appeal the final decision rendered by the disciplinary hearing panel.

Rights of the Respondent (Accused Student); Students charged with one or more violations of the sexual misconduct code have a right to:

• Be treated with respect by College officials;
• The right to be notified of available medical services, counseling, mental health, or other student services related to an incident of sexual assault or bias-related harassment, both at the College and in the community;
• The right to request assistance in changing one’s academic and living (campus residential) situations after an alleged sexual misconduct or bias-related harassment incident if such changes are reasonably available (no disciplinary charges or investigation, College or criminal, need occur before this option is available);
• Receive a written statement of the specific charges.If requested, student will be allowed to examine any written statements of evidence that the College plans to submit to the hearing body (written statements are normally reviewed at the initial conference with a campus judicial hearing officer or the associate dean for judicial affairs);
• Reasonable time to prepare for the hearing;
• The right to review all written statements regarding any discussion that will be presented following an initial conference (prior to the disciplinary hearing);
• Be present at the hearing during the presentation of any matters on which a decision may be based;
• Present an explanation of his/her situation/circumstances at the hearing and ask individuals to present information on his/her behalf. However, should the student fail to appear at scheduled time and place, the hearing will be held in his/her absence;
• Be accompanied by another member of the College community (defined as a faculty or staff member of the College community) to serve as “adviser.” Adviser is permitted to advise the student charged in the organization of their thoughts and presentation of materials and can advise the student directly in the hearing. Adviser may not address the hearing board or any other individuals providing testimony and may not respond to any questions for the respondent. Advisers may be present at hearings only. Members of the press and attorneys are prohibited from serving as advisers);
  • The only exception to this clause is when the College has been notified by law enforcement officials that criminal charges have been filed against the respondent. In these instances only the respondent may have an attorney present solely for the purpose of protecting the respondent against self-incrimination in a future court proceeding. The attorney may not serve in any other capacity during the hearing including speaking on behalf of the respondent or questioning/addressing those present.
• Ask questions of the hearing board and via the hearing board indirectly request responses from the complainant and any other witnesses present;
• Reserve the right not to answer questions. No negative presumption will be presumed by the disciplinary hearing panel if any individual does not respond to a question;
• Present a summary-impact statement at the close of the hearing (also reserved for the complainant);
• An expeditious hearing of the student’s case;
• A written report of the preliminary results and findings of the hearing within four(4) business days of the hearing (unless the hearing panel requires additional days in rendering a decision);
• The right to appeal the final decision of the hearing panel or administrative hearing officer to the vice president for student affairs (or designee) and in accordance with the standards for appeal established in the Student Code of Conduct.

C. Removing Respondent from Residential or Academic Environment

The College will remove a respondent from her/his living unit and/or academic setting, if requested by the complainant and the College finds it is reasonable to do so (space available, etc.). Although such an administrative action by the College may seem unfair to the respondent, it may be necessary action so that the College can protect the rights of the complainant and minimize any further interaction that may occur if left unaddressed. This decision is implemented by the vice president for student affairs or designee.

D. Interim Suspension – Removal from the College until Hearing

The College can also choose to invoke an interim suspension with alleged infractions of sexual misconduct and can be invoked when the College believes there is evidence that the respondent may pose a risk to the safety and well-being of others prior to the conclusion of disciplinary proceedings.

E. Size and Composition of Sexual Misconduct Panels

Sexual misconduct is a complex issue for disciplinary panels to hear. Panelists for sexual misconduct cases complete additional training provided by the Division of Student Affairs before they can serve on a specialized panel for sexual misconduct.

Sexual misconduct complaints are heard by faculty and staff who are appointed to the Student Conduct Committee and are selected by the vice president for student affairs to serve on sexual misconduct cases. Sexual misconduct panels are chaired by the associate dean for judicial affairs (if associate dean is not available, an alternate chair will be appointed by the vice president for student affairs). The three-person sexual misconduct panel will consist of the chair and two other members. All disciplinary hearings are closed to the public and are limited to College representatives on the hearing panel, the victim, the respondent, advisers and witnesses. The College does not allow character witnesses to attend any disciplinary hearings.

Respondents may wish to appeal decisions of the administrative hearing panel. To initiate an appeal, the student must submit a written request for an appeal to the vice president for student affairs within four (4) business days of notification of the results of the hearing.

Flow Chart for Sexual Misconduct & Bias-Related Harassment Hearings

1. Victim Files Written Complaint with College
2. College Conducts Investigation (If additional information is needed)
3. Initial Conference Occurs With Respondent (Complainant Notified)
4. Panel Chair Reviews all Written Statements And Rules on Relevancy
5. Hearing Occurs
6. Panel Drafts Decision – sent to Respondent and Complainant
7. Complainant provided with opportunity to respond to draft decision
8. Panel Renders Final Decision – Informs Both Respondent and Complainant
9. Respondent May Choose to Appeal to Vice President for Student Affairs

F. Rendering Disciplinary Decisions Regarding Sexual Misconduct

Disciplinary panels for sexual misconduct will draft a preliminary decision and send it to the complainant and respondent for their review. At that time, the complainant may elect to provide a written impact statement on the draft decision before it is finalized by the panel. This statement must be submitted to the chair of the Panel within four (4) days of receipt of the draft decision. Thereafter, the panel will render a final decision. No disciplinary action shall be taken unless it is established by a preponderance of evidence upon the record considered as a whole that the accused student has committed the charged offense.