Sanctions and Special Conditions

Sanctions and Special Conditions 

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.

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.

Transcript Notation Policy

In accordance with New York Education Law Article 129-B, for crimes of violence, including, but not limited to sexual violence, that meet the reporting requirements pursuant to the Federal Clery Act established in 20 U.S.C. 1092 (F) (1) (F) (I) (I) -(VIII), Alfred State will make a notation o n the transcript of students found responsible after a conduct process that they were "Suspended after a finding of responsibility for a Code of Conduct violation" or Expelled after a finding of responsibility for a Code of Conduct violation." For the respondent who withdraws From Alfred State while such conduct charges are pending, the College shall make a notation on the transcript of such students that they "Withdrew with conduct charges pending."

These same transcript notations will also be made in the event of suspensions or expulsion resulting from conduct which does not otherwise meet the crime reporting definitions noted above. In addition, a transcript notation will be made when a student is placed on an interim suspension status pending the outcome of a disciplinary hearing.

After one year following the conclusion of a suspension, students may appeal seeking removal of the transcript notation.  Appeals must be submitted in writing to the Vice President of Student Affairs.  Notations for expulsion may not be considered for removal. 

Ineligibility for Refunds

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

Types of 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. Examples of special conditions are listed below. 

  1. 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.