College Catalog
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Judicial System


ARTICLE I.
PREAMBLE

1.1 Hudson Valley Community College (“College”) is primarily concerned with academic achievement, the personal integrity of its students and the wellness and safety of the members of its community. In addition, the College is committed to preserving peace, supporting a moral and just climate, maintaining a community where people are treated with courtesy and respect, meeting its contractual obligations, and protecting its property and that of its community members. The College, therefore, has established this Code of Conduct to communicate its expectations of students, visitors, college personnel and organizations.


ARTICLE II.
PURPOSE AND INTENT

2.1 The purpose of the College’s having codes and adjudication procedures is to enforce standards of conduct and curtail inappropriate behavior as well as to assist the individual in resolving problems in an institutionally acceptable manner. The adjudication procedure provides a framework for the review of the substance of any alleged violation of the Code of Conduct. The individual is not absolved of the responsibility for his or her own behavior. Each individual is responsible for accepting the fact that rights come with concomitant responsibilities and that violations of the codes may result in discipline.
2.2 The student is charged with the responsibility of becoming familiar with the codes and regulations and the procedures for enforcing them and acting accordingly.


ARTICLE III.
DEFINITIONS

3.1 “Campus Coordinator” means the Coordinator of the College Judicial System. This is the person appointed by the College who is charged with the responsibility of ensuring that the procedures provided herein are adhered to in the processing and adjudication of complaints under the Code of Conduct. Campus Coordinator may also mean a designee of that office.
3.2 “Code of Conduct” means the list of prohibited conduct established by the College, as more fully set forth in Article V herein, which includes behavior that violates the College’s Academic Ethics, Computer Ethics and Campus Regulations, and also includes the procedures for enforcing the Code of Conduct.
3.3 “College” means Hudson Valley Community College, with its main campus located at 80 Vandenburgh Avenue in Troy, New York.
3.4 “College premises” means all buildings or grounds owned, leased, operated, controlled or supervised by the College including any buildings or grounds that are located off campus.
3.5 “College-sponsored activity” means any activity on or off campus which is initiated, aided, authorized or supervised by the College.
3.6 “College Official” means any full-time or part-time administrator or security guard or security officer.
3.7 “College Personnel” means all employees of the College who work either on the campus or on other property used for educational purposes by the College.
3.8 “Faculty Member” means any full-time or part-time faculty member.
3.9 “Organization” means any group of individuals recognized or otherwise licensed by the College, which includes student groups, faculty groups or any group existing outside of the College community which seeks to utilize the College Premises for its own organizational purposes.
3.10 “President” shall mean the President of the College.
3.11 “Vice President” or “Vice President for Enrollment Services and Student Development” means the Vice President for Enrollment Management and Student Development or his/her designee.
3.12 “Student” means a person, including College Personnel, either enrolled in or auditing credit or non-credit courses at the College, on either a full-time or part-time basis.
3.13 Reference to any “Time Limits”, days shall be defined as any day the College is open for business and shall EXCLUDE Saturdays and Sundays, any holiday the College has published as "College closed," and emergency closings. Time limits may be waived for just cause under conditions that are set forth under the procedure affected.
3.14 “Visitor” means any individual who is not a Student nor otherwise affiliated with the College but who is on the College Premises for a legitimate purpose.


ARTICLE IV.
JURISDICTION

4.1 Generally, College jurisdiction and discipline will be applied to conduct which occurs on College Premises, during off-campus activities related to the College, or which violates federal, state or local laws on or off the College Premises. Jurisdiction and discipline may also be applied at the discretion of the College to conduct which occurs off-campus and which adversely affects the College, the College community or the interests and mission of the College. Students are responsible for the conduct of their guests, and may be subject to discipline for the conduct of their guests.
4.2 College disciplinary proceedings may be instituted against a Student or an Organization charged with conduct that potentially violates both the criminal law and the College’s Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Determinations made or sanctions imposed under this Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College’s Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant. The College has the obligation to cooperate with all police authorities. When the protection of life and property and the regular, orderly operation of the College require it, the assistance of these agencies will be requested as a matter of policy.


ARTICLE V.
CODE OF CONDUCT

5.1 ACADEMIC ETHICS
Hudson Valley Community College expects all members of the College community to conduct themselves in a manner befitting the tradition of scholarship, honor and integrity. They are expected to assist the College by reporting suspected violations of academic integrity to appropriate faculty and/or other College Personnel. These guidelines define a context of values for individual and institutional decisions concerning academic integrity. It is every Student's responsibility to become familiar with the standards of academic ethics at the College. Claims of ignorance, unintentional error, or academic or personal pressures do not excuse violations.
  PROHIBITED CONDUCT
The following is a list of the types of behavior that breach the College Academic Ethics guidelines and are therefore unacceptable. Commission of such acts, or attempts to commit them, fall under the term academic dishonesty and each is considered a serious offense, which carries severe penalties ranging from a warning to expulsion from the College. No set of guidelines can, of course, define all possible types or degrees of academic dishonesty; thus, the following descriptions should be understood as examples of infractions rather than an exhaustive list. Individual Faculty Members and the College Committee on Ethics and Conduct will continue to judge each case according to its particular circumstance. While Faculty Members are encouraged to distinguish between a Student's unintentional failure to follow the Academic Ethics Code and an intentional violation of that Code, particularly in cases of suspected plagiarism, the responsibility for the integrity of work ultimately lies with the Student.
  5.1.1 PLAGIARISM.
A Student is guilty of plagiarism any time s/he attempts to obtain academic credit by presenting someone else's ideas as her/his own without appropriately documenting the original source. Appropriate documentation requires credit to the original source in a current manuscript style (e.g., MLA or APA) that is appropriate to the assignment and the discipline. While Faculty Members are encouraged to distinguish between a Student's unintentional failure to follow the current conventions of the appropriate manuscript style and a blatant act of plagiarism, the responsibility for the integrity of work ultimately lies with the Student. Examples of someone else's ideas may include the following:
  • Language, words, phrases, symbols
  • Style (written, oral or graphic presentation)
  • Data, statistics, including laboratory assignments
  • Evidence, research
  • Computer programs, creative projects, artwork
  • Intellectual ideas such as theories and lectures
  • Web sites, digital forms of communication such as e-mail, chat room, and instant messaging
  • Photographs, video, audio
  5.1.2 CHEATING ON EXAMINATIONS.
A Student is guilty of cheating any time s/he attempts to give or receive unauthorized help before, during, or after any type of examination. Examples of unauthorized help include the following:
  • Collaboration of any sort during an examination (unless specifically approved by the instructor)
  • Collaboration before an examination (when such collaboration is specifically forbidden by the instructor)
  • The use of notes, books, or other aids (e.g., cell phones, computers or other electronic devices) during an examination (unless permitted by the instructor)
  • Arranging for another person to take an examination in one's place
  • Looking on someone else's examination during the examination period
  • The unauthorized discussion of test items during the examination period
  • The passing of any examination information to Students who have not yet taken the examination

There should be no conversation while any type of examination is in progress unless specifically authorized by the instructor.

  5.1.3 MULTIPLE SUBMISSION.
Submitting all or some portion of the same work for credit more than once, without the prior explicit consent of the instructor to whom the material is being (or has in the past been) submitted.
  5.1.4 FORGERY.
Imitating another person's signature or mark on academic or other official documents (e.g., the signing of a Faculty Member's name to a College document).
  5.1.5 IMPERSONATION.
Assuming someone else's identity and/or pretending to be someone else for the purpose of gaining academic credit.
  5.1.6 SABOTAGE.
Destroying, damaging, or stealing of another's work or working materials (e.g., lab experiments, computer programs, term papers, or projects). Also includes logging into another's computer account to revise or delete any file or folder.
  5.1.7 UNAUTHORIZED COLLABORATION.
Collaborating on projects, papers, or other academic exercises deemed inappropriate by the instructor(s). Although the usual Faculty assumption is that work submitted for credit is entirely one's own, standards on appropriate and inappropriate collaboration vary widely among individual Faculty. Faculty Members are expected, therefore, to establish explicit expectations and standards. Students who want to confer or collaborate with one another on work receiving academic credit should make certain of the instructor's expectations and standards.
  5.1.8 FALSIFICATION.
Misrepresenting materials or fabricating information in an academic exercise or assignment, including laboratory assignments (e.g., the false or misleading citation of sources, the falsification of experiments or computer data, etc.). Falsification also includes falsely claiming to have completed work during an internship or apprenticeship.
  5.1.9 MISUSE OF LIBRARY OR COMPUTER RESOURCES.
Removing uncharged materials from the Library Building, defacing or damaging materials, intentionally displacing or hoarding materials within the Library Building for one's unauthorized private use, or other abuse of reserve-book privileges. Or, without authorization, using the College's or another person's computer accounts, codes, passwords, or facilities; damaging computer equipment; or interfering with the operation of the computer system of the College. The College and Information Technology Services have established specific rules governing the use of computing facilities which appear under Computer Ethics.
5.2 CAMPUS REGULATIONS FOR STUDENTS, VISITORS, COLLEGE PERSONNEL AND ORGANIZATIONS

The College is charged by its sponsoring agency and by the State University to attain its stated objectives. To properly discharge these responsibilities and to ensure a desirable relationship with the community as well as the protection of all Students, Visitors, guests, College Personnel, and Organizations, certain regulations have been established. Students enrolling in the College’s education programs and Visitors, guests, College Personnel and Organizations that are associated with or use the College facilities do so subject to the Code of Conduct. In cases where there is an alleged violation of the Code of Conduct, it is the policy of the College to afford each Student and Organization associated with the College the right to adjudicate the allegation in accordance with the adjudication procedures as set forth in this Code. However, in cases where the Vice President for Enrollment Management and Student Development or his/her designee deems the conduct, condition, or infraction to be of such nature that the alleged violator poses a present or future threat to the health, safety and welfare of himself or herself or the College or its community, he/she may take immediate action to suspend the Student or disband any Organization associated with the College prior to the initiation of the formal adjudication procedures. Visitors, guests and organizations not affiliated with the College, while subject to these regulations, do not have rights to adjudicate any decision made which results in their removal from the College Premises.
  PROHIBITED CONDUCT
  5.2.1 The obstruction or disruption of any College function or activity, including the classroom instructional environment, administration of the parking program or service functions and activities is prohibited. This includes obstruction of the free flow of pedestrian or vehicular traffic, or the free access to, or exit from any part of the College Premises as well as the unauthorized use or occupation of College buildings or College Premises.
  5.2.2 Harassment of a Student or Students, Faculty Member, College Personnel, College Official, Visitor, or the College as an institution by Student or Students, or by a non-student or non-students is prohibited. Harassment includes any threat, in any way expressed or implied, to the person or property, or any obstruction or attempted obstruction of any individual’s authorized movement on the College Premises. Harassment may also include the persistent use of abusive or offensive language or any language or action that may promote physical violence or physical or psychological intimidation.
  5.2.3 The display of any inflammatory or incendiary signs, posters, or banners or the distribution of literature which encourages or promotes any actions that are prohibited under these Campus Regulations.
  5.2.4 No firearms of any kind (including pellet, B-B guns, handguns, and rifles), explosives (including firecrackers and fireworks), live ammunition of any kind, noxious bombs or any other devices which are illegal under city, town, county, state or federal ordinance or law may be brought, possessed, or used on the College Premises. Duly authorized peace officers or police officers are exempted.
  5.2.5 No cutting instruments, knives, blades nor any other weapon is allowed on College Premises except folding pocket knives two inches or under or those instruments needed for legitimate school purposes.
  5.2.6 Possession, transportation, and/or the use of any illegal drug on the College Premises is prohibited.
  5.2.7 (a) No alcoholic beverage may be brought, possessed, or consumed on College Premises.
(b) No person who may appear to be intoxicated or affected by an illegal drug is allowed on the College Premises.
  5.2.8 Gambling of any kind is prohibited.
  5.2.9 Unauthorized use of the College’s duplicating or reproduction equipment, public address systems, email or radio station is prohibited. Authorization for such use may be granted only by the College President or his designee.
  5.2.10 Any and all official information related to the College and its operation shall be transmitted to news media only through the College’s Public Information Office. Arrangements for reporters and/or radio or television station representatives to report or televise events on the College Premises shall be made only by the Public Information Office. Any other arrangements are unauthorized and the College reserves the right to bar (or remove) from the College Premises unauthorized news media representatives.
  5.2.11 Defacing, damaging, or maliciously destroying any College, Faculty, or Student property is prohibited.
  5.2.12 (a) All Visitors must be on the College Premises for a legitimate purpose. The College reserves the right to determine whether the purpose is legitimate. If it is not, Visitors will be asked to leave.
(b) Visitors are required to show identification when requested to do so by security or administrative officers. Failure to do so, or to leave when requested will result in such Visitors being considered as trespassers subject to arrest.
  5.2.13 Student Identification: All Students and College Personnel are required to obtain and carry College identification cards at all times and to present them upon request to any College Official, or Faculty Member. Other identification must be shown if such a request is made and the person questioned does not have an ID card in his/her possession.
  5.2.14 Disorderly or unlawful behavior is prohibited and may be prosecuted by the College under this procedure whether or not such behavior is the subject of prosecution in any civil or criminal court.
  5.2.15 Reckless or intentional actions which endanger mental or physical health are prohibited. The forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.
  5.2.16 Chewing tobacco or using any product or similar product or device such as pipes, cigars or cigarettes or personal vaporizers is prohibited on the College Premises and in vehicles on campus.
  5.2.17 False alarms, bomb scares or any form of false reporting submitted to any law enforcement or College agency involving alleged incidents or occurrences on College Premises is prohibited.
  5.2.18 Unlawful behavior that is motivated in the selection of the victim or commission of an offense by a perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation is prohibited and may result in the imposition of more severe penalties.
  5.2.19 Certain violations of the Academic Code of Ethics at the discretion of the Vice President for Enrollment Management and Student Development can be pursued as violations of Campus Regulations.
  5.2.20 Willfully failing to comply with the directives of College Personnel is prohibited.
  5.2.21 Intentionally furnishing the College with false information is prohibited.
  5.2.22 Any activity that would be a violation of any federal, state or local statute is prohibited on College Premises.
  5.2.23 Any retaliatory action of any kind taken against a person seeking redress under these procedures is prohibited and shall be regarded as a separate and distinct cause for complaint under these procedures.
  5.2.24 Violation of published College policies or regulations, including, without limitation the following:
(a) Parking and traffic regulations
(b) Tobacco-free policy
(c) Alcohol and drug policy
(d) Any other published College policies, rules and regulations including those related to the entry into and/or use of College rooms, buildings, grounds, and facilities.
5.3 COMPUTER ETHICS POLICY

Hudson Valley Community College seeks to provide computer users with state of the art computing facilities and to keep the number of restrictions on individuals to a minimum, while maintaining excellent service for all users, Students in pursuit of their academic goals and College Personnel to conduct assigned work activity. To assist the College in achieving these objectives, users themselves must observe reasonable standards of behavior in the use of these facilities and maintain an atmosphere of civility, mutual respect and high ethical standards.
  PROHIBITED CONDUCT
  5.3.1 No attempt will be made to modify or destroy system software components such as operating systems, compilers, utilities, applications or other software residing on any College computer, except the user's own files.
  5.3.2 No attempt will be made to electronically transmit or post any material which is sexually explicit, hateful, or deemed prohibited conduct under the Campus Regulations as set forth in Article 5.2.
  5.3.3 No attempt will be made to access, read, modify or destroy files belonging to another user without complete authorization from that user to do so.
  5.3.4 No attempt will be made to connect to or use College computers with a user ID which was not assigned to you by the College. Use of another person's user ID or password is prohibited.
  5.3.5 No attempt will be made to gain access to a password belonging to another person or place a password other than your own in a file on a College computer. In addition, no attempt will be made to install, run or place software designed for this purpose on any College computer.
  5.3.6 No attempt will be made to bypass or otherwise defeat system security to gain access to programs, files or other computer data or to install, run or place software designed for this purpose on any College computer.
  5.3.7 No attempt will be made to copy, store, post or distribute computer software, files or any other material in violation of trademark, copyright or confidentiality laws or when you do not have a legal right to do so.
  5.3.8 No attempt will be made to interfere with proper operation of a computer or interfere with another person's use of a computer, including for example, the electronic transmission or posting of files or programs containing viruses or any other content intended to interfere with proper operation of a computer.
  5.3.9 No attempt will be made to impersonate any person, including other Students and College Personnel. No attempt will be made to disguise the origin of any electronically transmitted or posted material. No attempt will be made to make unauthorized use of someone else’s electronic signature.
  5.3.10 No unauthorized attempt will be made to use, modify, connect or disconnect computer equipment, peripherals, communication equipment and cables.
  5.3.11 No unauthorized attempt will be made to use any college computer to electronically transmit chain letters, junk mail, pyramid schemes or any other unsolicited mass mailings to multiple recipients with the exception of employees conducting College business and Students completing required College course assignments.
  5.3.12 No unauthorized attempt will be made to connect to and/or gain access to information being transported by computer networks, or to install, run or place software designed for this purpose on any College computer. Installation or use of any network communication software not approved by the College is prohibited.
  5.3.13 No user will make their password known to anyone other than an employee of the College authorized to assist College Personnel or Students with computer related problems.
  5.3.14 No food or drink is permitted in any computer classroom or computer learning center with the exception of the Computer Cafe.
  5.3.15 Users of College computers will comply with all local, state, federal and international laws relating to the use of computers and any other electronic communication services provided by the College.
  5.3.16 Use of College computers for commercial, business purposes or personal profit is prohibited without specific authorization from the College for such use. Commercial or business purposes includes advertising the sale of goods and services not directly related to Hudson Valley Community College or campus based Organizations.
  5.3.17 Use of College computers to falsify or modify documents in a manner which is unauthorized, is a violation of the rights of owners, is a violation of copyright laws or is not properly attributed is prohibited.
  5.3.18 Use of College computers and network services for local or remote game playing is prohibited unless specifically required as part of a course in which a Student is currently registered or a Faculty Member is currently teaching. In addition, the installation, uploading, downloading or storage of any game software on College computers is prohibited.
  5.3.19 Use of College computers and network services for IRC (Internet Relay Chat) or any other form of interactive chat communication is prohibited except for use by College Personnel in counseling, scheduling or admissions or where specifically required for communication as part of a course in which a Student is currently registered or a Faculty Member is currently teaching.
  5.3.20 Web site services for the entire College community are provided on a centralized server by the Office of Computer Services. Use of any other College computer for the purpose of serving a web site is prohibited.


ARTICLE VI.
INFORMAL PROCEDURES FOR PROCESSING VIOLATIONS OF THE CODE OF ACADEMIC ETHICS

6.1 Academic Ethics
A Student shall inform the Faculty Member responsible for the course or program when he/she acquires knowledge of violations of the Academic Ethics Code. Any College Official or a Faculty Member of a course or program for which he/she is responsible who has information that a Student may have violated the Academic Ethics Code may follow the procedures established in this Article VI. The Chair of the Department responsible for the course may act on behalf of a Faculty Member.
6.2 Single Violation
When a Faculty Member suspects that a violation of the Academic Ethics Code has occurred, the Faculty Member shall take appropriate action. If the Faculty Member is not the instructor for the course involved, the appropriate Faculty Member should be notified immediately. Prior to imposing a sanction, the appropriate Faculty Member shall notify the Student as soon as possible regarding the alleged violation and proposed sanction. If the Student wishes to dispute either the allegation or the sanction, he or she shall immediately contact the Faculty Member to discuss the matter. If the Faculty Member finds the Student did violate one or more of the provisions of the Academic Ethics Code, the Faculty Member may impose one (1) or a combination of the following sanctions:
  6.2.1 Warning without further penalty
  6.2.2 Retaking a test/examination; redoing a written assignment or laboratory assignment
  6.2.3 Lowering a grade on a project, written assignment, laboratory assignment, or test/examination
  6.2.4 Issuing a failing grade on a project, written assignment, laboratory assignment, or test/examination
  6.2.5 Lowering a final course grade
  6.2.6 Issuing a failing grade for the course (may not be used in cases of unintentional plagiarism)
  6.2.7 Removal from a course (Academic Withdrawal), course of study, major or program, with the approval of the Department Chair
  6.2.8 Imposing a penalty uniquely designed for the particular infraction If, after meeting with the Faculty Member, the Student wishes to further dispute either the violation or the sanction, the Student may submit a request for a Hearing through the office of the Campus Coordinator as set forth in Article VIII within ten (10) days from the date the Faculty Member informs the Student of the violation and sanction. The Faculty Member is expected to inform the Student of the right to appeal through the Office of the Campus Judicial Coordinator if the sanction is unacceptable.
6.3 Reporting
Whenever a Faculty Member sanctions a Student for a violation of the Academic Ethics Code, the Faculty Member is expected to submit a "Violation of Academic Ethics Code Report" to the Campus Coordinator, advising that office of the Student's name, violation, and the sanction imposed. If a Faculty Member submits a "Violation of Academic Ethics Code Report," the student shall be notified of this report.
6.4 Multiple Violations
In the event a Student violates the Academic Ethics Code more than once, either within a single course or across multiple courses, the Vice President of Enrollment Management and Student Development may initiate proceedings under Article VII to impose additional disciplinary sanctions, including removal from Degree or Certificate Program, suspension or expulsion from the College or any other sanction available to the Vice President under Article VII. The Article VII proceeding shall constitute a final resolution of the matter unless the Student submits a request for a Hearing through the office of the Campus Coordinator as set forth in Article VIII within five (5) days from the date the sanction is imposed. The provisions of this article do not preclude a Faculty Member from pursuing additional sanctions under Article VI against students who have committed multiple violations, including removal from a course (Academic Withdrawal), course of study, major or program, with the approval of the Department Chair.


ARTICLE VII.
PROCEDURE FOR PROCESSING COMPLAINTS INVOLVING ALLEGED VIOLATIONS OF CAMPUS REGULATIONS AND COMPUTER ETHICS.

7.1 If a student is disruptive in class or on the HVCC Campus or in believed to be in violation of any Campus Regulation, a faculty member or staff member may remove the student from class or from the location of the disruption. The HVCC faculty or staff member may either direct the student to see the department chair or another appropriate member of the college community, meet with the faculty member or staff member or, if an incident report has been filed with public safety, direct the student to see the Vice President for Enrollment Management and Student Development before returning to class or the location or allow the student to return the following day, at the discretion of the faculty or staff member who witnessed the incident or oversees the Department.
7.2 Campus Regulations for Students, Visitors, College Personnel and Organizations - In cases of alleged violations of Computer Ethics and/or Campus Regulations, any College Personnel or Student shall notify the College’s Office of Public Safety or the Vice President and the complaint shall be processed consistent with the procedures set forth in Article VII or Article VIII. However, although College Personnel are subject to and must abide by Campus Regulations, they shall have no right to a hearing or appeal under this Code of Conduct and they shall utilize other applicable mechanisms to contest adverse actions.
7.3 All charges must be submitted in writing and signed.
7.4 It is strongly recommended that any party exercising his/her rights under this system or any party accused of violating any of the Codes of Conduct consult with the Campus Coordinator as soon as possible so rights, remedies and procedures can be explained.
7.5 The Student shall meet with the Vice President within five (5) days of receiving notice of charges.
7.6 The Vice President for Enrollment Management and Student Development may also meet with the complainant, security officers and/or any witnesses at the Vice President’s discretion.
7.7 If, at the conclusion of the Vice President’s investigation, s/he finds the accused individual did violate one or more provisions of the Campus Regulations and/or Computer Ethics, the Vice President may impose one of the following sanctions:
  7.7.1 Letter of Warning.
  7.7.2 Letter of Warning to be placed in an individual’s permanent record file for a stated period of time.
  7.7.3 Restitution.
  7.7.4 Community Service
  7.7.5 Counseling Services provided by the College.
  7.7.6 Mandatory Course requirements (in civility, human relations, anger management, race or gender relations or a similar course designed to raise consciousness or awareness).
  7.7.7 Disciplinary Removal from a Curriculum.
  7.7.8 Disciplinary Probation.
  7.7.9 Disciplinary Suspension (Current or deferred, subject to conditions)
  7.7.10 Disciplinary Dismissal.
  7.7.11 Disciplinary Expulsion – Termination of Student status without the possibility of readmission
  7.7.12 Restricted Access to classrooms or buildings
  7.7.13 Restricted Access to or loss of Computer Accounts
  7.7.14 Any other sanction uniquely designed for the particular infraction.
7.8 The sanction imposed by the Vice President shall constitute a final resolution of the matter unless the accused individual submits a request for a Hearing through the office of the Campus Coordinator as set forth in Article VIII within five (5) days from the date the sanction was imposed.
7.9 During the pendency of any proceeding under the Code of Conduct, the Vice President may, in his or her sole discretion, have the accused individual removed from the College Premises and enforce the restraint of the accused’s access to the College Premises in whole or in part, until his/her presence is required for the adjudication of the case if the Vice President views the violation as jeopardizing property of the College or another person or the individual’s safety or welfare or the physical or emotional safety or welfare of others, or the orderly operation of the College.
7.10 Disciplinary suspension, dismissal, or expulsion from the College will most likely be imposed for, among others, the following: (1) permitting or engaging in hazing (2) setting fires or intentionally causing a false fire alarm (3) possession of or threats involving weapons or explosives (4) possession or sale of illegal drugs (5) physical abuse, violence, sexual assault or threats directed toward anyone on the College Premises or any member of the College community off College Premises (6) serious forms of computer misconduct (7) repeated violations of the College Code of Conduct.


ARTICLE VIII.
HEARING PROCEDURES UNDER THE CODE OF CONDUCT

8.1 In the event the accused timely files a written request for a Review Board hearing (“Hearing”), the procedure set forth in this Article VIII shall apply.
8.2 Use of and Responsibility for Obtaining and Compensating an Advisor:
During the Hearing an advisor may be allowed but such advisor must be individually obtained and compensated by the person(s) involved. An advisor may only serve in an advisory capacity and may not speak or otherwise participate directly in the formal procedure. An advisor may be a parent or child of the accused, a spouse or partner or a member of the College community. A Student may bring a lawyer to the Hearing only as an advisor and only if the allegations may also constitute a crime. The lawyer may not participate in the Hearing, and participation is limited to advising the Student. If the conduct of the lawyer is deemed to be inconsistent with the process, the Hearing may be terminated or the lawyer excused for the remainder of the Hearing.
8.3 The Campus Coordinator, once advised by an accused that a Hearing has been requested, shall immediately notify the Committee on Ethics and Conduct.
8.4 Within ten (10) days of the notification, a Hearing shall be held.
8.5 The Review Board will be comprised of three members of the Ethics and Conduct Committee. It shall not contain more than one (1) administrator, one (1) faculty member, one (1) non teaching professional or one (1) union member and shall always contain one (1) student. If the dispute arose from a particular department, no individual from that department is permitted to sit on the Review Board.
8.6 One of the members of the Review Board shall be designated as Chairperson and shall have the responsibility of reporting the decision of the Review Board to the appropriate College Official in writing.
8.7 If the accused does not appear for the Review Board Hearing and was properly notified of its date, time and place, the accused individual shall be deemed to have forfeited his/her right to a Hearing and the sanction imposed by the Vice President or Faculty Member shall be automatically upheld and the accused individual will have no further recourse.
8.8 The Review Board shall not be bound by the technical rules of evidence but may hear and receive any reports, documents, testimony, evidence or other information which is relevant and material to the issues. The weight to be given such items shall be determined solely by the Review Board.
8.9 The Review Board adjudication shall be transcribed or taped and those witnesses appearing before the Review Board shall be sworn.
8.10 Only the primary parties in interest (and their advisors, if any), transcriber, the members of the Review Board and the Coordinator of the Judicial System shall be present throughout the Hearing. The Hearing shall be conducted in private. The advisors may not speak for or take the place of a primary party in interest.
8.11 Conduct of the Hearing
  8.11.1 The coordinator of the Judicial System may provide to the Review Board and to the accused copies of documents to be considered by the Review Board in advance of the Hearing, but no party shall be limited to such documents.
  8.11.2 The Chairperson will read the charges.
  8.11.3 Each party may make an opening statement, beginning with the individual bringing the charge.
  8.11.4 The person bringing the charge, whether by a Faculty Member or College Official accusing a Student of violating the Code of Academic Ethics or the Vice President accusing any Student, or Organization of violating the Campus Regulations will read, summarize, or identify all of the material information which has been submitted by witnesses, the Public Safety Office, or others. Materials will usually consist of, but are not restricted to, a summary case written by the Public Safety Office plus statements from witnesses or other persons involved in the situation. Documents shall also be submitted at this time. The Vice President may also give testimony, submit evidence or call witnesses to give testimony or submit evidence or other information.
  8.11.5 The other party and the members of the Review Board may ask questions of any witness. After the submitted materials and evidence have been read, the accused will have the opportunity to refute or explain the materials or evidence or add information. The accused may choose to remain silent and not make any statements or participate in the discussion. The accused may call witnesses.
  8.11.6 Each party will be provided an opportunity to give a summation of their respective positions.
  8.11.7 The Chairperson will conclude the Hearing when he or she is satisfied that all information has been submitted.
  8.11.8 The Review Board will then convene in closed session and consider only information presented at the Hearing. If necessary, the Review Board may adjourn and reconvene, ask for further documentation, or call or recall witnesses with the assistance of the Campus Coordinator, if required.
  8.11.9 If the Review Board feels the infraction did not occur, they shall state so in their written opinion.
  8.11.10 If the Review Board finds, by a preponderance of the evidence, the infraction did occur, they must first consider the recommended sanction.
  8.11.11 If the Review Board rejects in whole or in part the imposed and/or recommended sanction(s), the new findings must be based on substantial evidence in the record and the rationale shall be included in their opinion.
  8.11.12 The decision of the Review Board as to whether the alleged infraction occurred and whether the sanction imposed is appropriate shall be made based on the information presented at the Hearing. The decision shall be in writing and delivered to the parties by hand or via United States Mail within a reasonable time after the Hearing. Deposit, postage prepaid, in an official United States Postal Service receptacle shall be deemed delivery on the date it is deposited.


ARTICLE IX.
APPEALS

9.1 Within seven (7) days of the delivery of the decision of the Review Board, either party may appeal the decision, in writing, and submit the appeal to the Campus Coordinator.
9.2 S/he will forward the appeal to the other party who may submit a written response which must be received within three (3) days of the receipt of the appeal. The opposing party is under no obligation to respond to an appeal.
9.3 Within three (3) days of receiving the appeal the Campus Coordinator will present it to the President.
9.4 The President, after receipt of such appeal, shall make a final adjudication and determination in the matter. The accused individual, Vice President or appropriate Faculty Member shall be notified of the final decision of the President by the Campus Coordinator. There shall be no further appeals.