CODE OF RIGHTS AND RESPONSIBILITIES FOR SOCIAL GREEK LETTER ORGANIZATIONS
Increased student interest in social Greek Letter Organizations during the past several years has caused the College at Oneonta to examine both the positive and negative aspects of their existence. Greek Letter Organizations can contribute scholarship, community service, good citizenship, and high moral standards. They can also do great harm to the College’s mission, however, when they foster negative behaviors, i.e., alcohol abuse and hazing.
Because of both the positive and negative potential inherent in the activities of Greek Letter Organizations and in view of the continuing, if not increased student interest in belonging to such groups, it is necessary that the College formally recognize their existence. To treat such groups as if they do not exist will neither capitalize upon their potential for positive activity nor enable formal sanctions for negative behaviors. The following Code of Rights and Responsibilities will clarify future expectations in both respects and codify de jure what heretofore has existed to a great extent de facto:
PHASES OF THE GREEK RECOGNITION PROCESS
Phase I- Application B The initial letter of application must include:
• Documentation of National Headquarters indicating interest for expansion
• Chapter founding principles
• Reason/justification for the new group which supports the mission of the College
• Chapter constitution
• Chapter advisor contact information
• Letter of recommendation from the chapter advisor supporting the group
• Officer Directory including addresses, phone numbers, and positions
• A complete membership list and grade release information
• Proof that group has a minimum 2.5 Grade Point Average
• Documentation of 100 hours of community service
• Chapter/National policies related to risk management & safety issues
• Any and all obligations of members including financial and personal commitments
Phase II-Initial Application Review
• Initial applications for National Panhellenic Council (NPC) groups will be reviewed by the Greek Advisor, Oneonta Panhellenic President, and Student Development Committee. A recommendation reflective of this group will be forwarded to the Vice President for Student Development for final approval.
• Initial applications for National Interfraternity Council (NIC) groups will be reviewed by the Greek Advisor, Interfraternity Council President, and Student Development Committee. A recommendation reflective of this group will be forwarded to the vice president for Student Development for final approval.
• Initial applications for National Pan-Hellenic Council (NPHC) or other cultural groups will be reviewed by the Greek Advisor, Student Council representative when a council is established, and Student Development Committee. A recommendation reflective of this group will be forwarded to the Vice President for Student Development for final approval.
Phase III-Interim Recognition Status
• Initial applications which successfully make the review process will be given Interim Recognition status. This status will entitle the group to attend the appropriate Interfraternity Council, National Panhellenic Council, National Pan-Hellenic Council, and Inter-Greek Council meetings. These chapters will not have voting privileges until they receive complete college recognition. Privileges of Interim Recognition status will include Participation in Exploration “xx”, Fall and Spring Weekends, Greek Olympics, the Leadership Institute, and use of college facilities for chapter meetings and group study hours. Interim group Chapter Presidents must meet bi-weekly with a designee from the Greek Life Office to review their progress.
Phase IV-Recognition Status
• Interim groups will obtain Full Recognition status when they have completed one year on Interim Recognition status and have met the minimum standards outlined in the Code of Rights and Responsibilities for Greek Letter Social Organizations. Groups who fail to meet the minimum standards through the bi-annual evaluation process will be denied recognition and will need to wait one calendar year before being able to begin Phase I of the Greek recognition process. The bi-annual evaluation process is outlined in a checklist, which can be requested from the Greek Advisor. Privileges of Phase IV- Recognition status will include: All probationary privileges, reservation privileges for showcases in the Hunt College Union, official participation in intramurals, recognition displays around campus, recognition by the college media when positive contributions are made to the College and the local community, and organizational letter displays in the dining halls. Additionally, members will be recognized at the annual scholarship reception, and the chapter will be eligible to be recognized as the Greek Organization of the Year.
MINIMUM EXPECTATIONS FOR GREEK LETTER ORGANIZATIONS:
1. Membership in Greek Letter Organizations is only open to regularly matriculated full-time students.
2. Only those students who have earned a minimum of 12 semester hours with a minimum cumulative grade point average of 2.0 during matriculation at a college campus will be eligible to become a new member.
3. Every member of Greek Letter Organizations must maintain a minimum cumulative grade point average of 2.0 to be considered an active member. Every chapter must reach a 2.5 cumulative grade point average or meet the all women’s/men’s average and elect a scholarship chair. Any chapter falling below a 2.5 will be placed on probation for the first year. They must then increase their grade point average by .20 each semester or reach the 2.5 cumulative grade point average the semester following to remain recognized. A chapter that is on probation and does not make .20 progress will lose college recognition. (Chapters who have 15 or fewer members will be reviewed individually and a contract will be created to improve scholarship standards.)
4. Each Greek Letter Organization must submit and keep up to date a list of active members, officers, and new members at the beginning of each semester. Lists will include phone numbers, addresses, and student identification numbers. Chapter Presidents and/or executive board members are expected to update this information, with the exception of new member names, on or before September 15 in the Fall and February 15 during the Spring. Officer changes during the semester should be reported within 48 hours to the Office of Greek Life. Bid acceptance cards must be on file in the Office of Campus Life within 24 hours of bid acceptance.
5. Each Greek Letter Organization must submit the name, phone number, and address of all chapter advisors and National Headquarter contacts at the beginning of each semester to the Greek Advisor in the Office of Campus Life.
6. Prior to the beginning of each new member program, all groups must submit a daily outline of chapter new member programs to the Greek Advisor. A form for the daily outline can be obtained in the Office of Campus Life. New member programs shall not exceed six weeks in length.
7. Each chapter and all members must comply with state, local, federal laws, and College policies, rules, and regulations, including those related to hazing, alcohol, and drugs. Presidents, Vice Presidents, and New Member Educators are required to attend an anti-hazing workshop with the Greek Advisor before the first recruitment event each semester. New members are required to attend the mandatory anti-hazing workshop within a week of bid acceptance. Failure to attend may disqualify an individual from the recruitment process.
8. No Greek Letter Organization shall permit any practice in violation of law or College policy, which deprives membership or guest privileges to any person on the basis of race, creed, national origin, age, disability, or sexual orientation.
9. At the beginning of each] new member period, chapters must have each new member read and complete a pledge card indicating he/she understands the following: The College’s Anti-Hazing Policy and the personal rights and responsibilities attached to the policy; any and all obligations of membership including financial and personal commitments; the agreement to release his/her GPA data for the purpose of determining eligibility.
10. Each Greek Letter Organization must exercise responsible management and financial integrity. Each organization is solely responsible for its own financial, legal and contractual obligations. The College shall not be held liable for misuse of group finances and debts.
11. Each chapter must maintain an environment for members that is conducive to academic pursuits. Chapters should sponsor programs to encourage excellence in the performance of its members, and not make demands that undermine individuals’ efforts. Scholarship Chairs will be expected to offer at least one workshop a semester on the following or related topics: Academic success, stress reduction, study skills, academic integrity. Documentation of the workshop must be submitted to the Office of Campus Life.
12. Greek Letter Organizations must always strive to maintain positive relationships with the community. Maintaining the peace and respecting the rights of others during the course of their activities must always be a primary concern. In keeping with the spirit of positive community relations, all Greek Letter Organizations will require community service of its members. Chapters will be expected to complete two service projects a year, one serving the community and one serving the College. Documentation must be provided to the Office of Campus Life describing the project and the names of the members in attendance. (At least 60% of the members must be in attendance.)
13. Each Greek Letter Organization will participate in leadership programs sponsored through the Office of Student Development. Chapters will be expected to complete six leadership programs a year. Two of the programs will be organized by the Greek Life Office for Chapter Presidents and NPC/IFC/NPHC Leadership. The remaining four must be organized by the Chapter and address issues such as Health & Wellness, Alcohol & Drugs, Diversity, Sexual Assault, or be an event co-sponsored by a non-Greek group on campus. A resource appendix will be provided for the Chapter. Documentation must be provided to the Office of Campus Life describing the programs and listing the members who were in attendance.
14. Each Greek Letter Organization will adopt, maintain, and conduct business in accordance with a constitution or set of bylaws. A copy of the chapter constitution and bylaw must be submitted annually to the Greek Advisor in the Office of Campus Life before September 15 and February 15.
15. Each Greek Letter Organization must have a faculty or staff advisor. This requirement will become effective no more than one semester after signing this code. Chapter Advisor names must be submitted to the Office of Campus Life before September 15 and February 15. Changes during these submission dates should be reported within 48 hours of the change in advisor.
16. All Greek Letter Organizations will participate in the appropriate fraternal governance system(s). (Inter-Greek Council Standards Board and Hazing Committee, Interfraternity Council, [and] National Panhellenic Council, and the National Pan-Hellenic Council.)
17. The College does not encourage, and will not acknowledge, auxiliary organizations affiliated with Greek Letter Organizations (Big Brother, Little Sisters) since the formulation or sponsorship of any subservient organization is not consistent with the mission of the College.
18. The Inter-Greek Council [(IGC)], the Interfraternity Council, the National Panhellenic Council, and the National Pan-Hellenic Council respectively, in cooperation with the Office of Student Development, will decide on acceptable recruitment periods and specific [rush] recruitment rules. New member programs will be no longer than six weeks each semester.
19. All men=s fraternities, who are members of the National Interfraternity Council, will follow the National Interfraternity (NIC) guidelines and policies and their individual national headquarter guidelines and policies.
20. All women’s fraternities, who are members of the National Panhellenic Conference, will follow National Panhellenic (NPC) guidelines and policies and their individual national headquarter guidelines and policies.
21. All men’s and women’s fraternities, who are members of the National Pan-Hellenic Council will follow National Pan-Hellenic (NPHC) guidelines and policies and their individual national headquarter guidelines and policies.
22. All Greek Letter Organizations to be considered for College recognition beyond January 2000, other than Sigma Gamma Phi Sorority, Alpha Kappa Phi Sorority, and Pi Delta Chi Sorority, must be affiliated with a national fraternal organization. These three organizations are exempt because they have had a long-standing relationship with the College before national organizations were in existence and prior to revisions to this Code.
SERVICES PROVIDED BY THE COLLEGE FOR FULLY RECOGNIZED ORGANIZATIONS:
1. Greek Letter Organizations will have access to facilities through the normal reservation process (rooms, showcases, bulletin boards, etc.).
2. Greek Letter Organizations will receive assistance in monitoring the academic achievements of chapter members. The procedures established for such monitoring must ensure confidentiality of student records and follow standard College practice for the release of student records.
3. The Greek Letter Organizations will have the support of a Greek Advisor who will implement programs, advise governance bodies, provide leadership training, and handle administrative policy matters with student input.
4. The College, in compliance with the Code, will disseminate information about the Greek Letter Organizations that are in compliance with the College Code of Rights and Responsibilities using the Student Handbook, and other publications.
5. Greek Letter Organizations may use the name of the College consistent with College policy.
6. The College will establish a cooperative relationship with the Greek Letter Organizations offices and their designated advisors/representatives. While the College maintains ultimate authority over its students, the National Greek Letter Organization offices and their designated advisors/representatives will be consulted and be part of regular communication as appropriate.
7. Greek Letter Organizations may participate in intramurals, recreational, and other social
opportunities on campus in cooperation with the Student Association.
8. A variety of programs will be available through the Division of Student Development staff, which can be offered as chapter resources on topics such as alcohol abuse,
eating disorders, sex role stereotypes, date rape, AIDS education, communication in relationships, etc.
9. Grade point averages will be compiled every semester and recognition will be given annually to the groups with the highest averages and those most improved.
10. Staff support and advisement will be given to the Greek governance system.
11. Faculty and staff will be encouraged to act as Chapter Advisors.
12. The Office of Campus Life in consultation with the Interfraternity Council, National Panhellenic Conference, and National Pan-Hellenic Council will distribute information regarding Greek Letter Organizations to incoming students annually.
13. Greek Letter Organization mailboxes will be provided in the Office of Campus Life.
14. Designated rooms will be assigned for Chapter meetings and new member study hours each semester through the Greek Advisor in the Office of Campus Life
GREEK LETTER ORGANIZATION
A JUDICIAL PROCESS
1. All Greek Letter Organizations recognized by the College are expected to conform to the guidelines outlined in this document. Failure to do so may result in sanctions up to and including suspension of College privileges. After consultation with the NIC, NPC, and NPHC, sanctions for specific violations will be developed by the administration. In addition, specific sanctions may also be developed and imposed by self-regulating bodies of the Interfraternity Council, National Panhellenic Council, National Pan-Hellenic Council, and Inter-Greek Council.
2. All reports of alleged violations will be reported to the Greek Advisor in the Office of Campus Life.
3. Minor infractions will be referred to the Greek Cultural Club Standards Board or the Greek Cultural Club Hazing Committee.
4. Serious infractions will be referred to the Student [Affairs] Development Division Hearing Officer. The officer will administratively hear the case and take appropriate action or refer it to the Standing Disciplinary Board.
All Greek Letter Organizations on the College at Oneonta campus are members of the Inter-Greek Council, Interfraternity Council, Panhellenic Council, and the National Pan-Hellenic Council respectively. As stated in their constitutions, the scope of authority for the Interfraternity Council, [and] Panhellenic Council, and National Pan-Hellenic Council shall be legislative, administrative, and advisory. By virtue of the authority vested in them by their constitutions, the councils shall have the power to regulate matters of Interfraternal interest except those that involve institutional policy, wherein the two councils are free to make recommendations to the College. The Inter-Greek Council assumes authority over matters involving [the Panhellenic Council, Pan-Hellenic Council, and the Interfraternity Council. Sanctions shall be administered through the Inter-Greek Council Standards Board and the Hazing Committee as stated in the Inter-Greek Council constitution.
CODE OF STUDENT CONDUCT
State University of New York College at Oneonta
ARTICLE I: DEFINITIONS
1. The term College means The State University College at Oneonta.
2. The term "student" includes all persons taking courses at the College, both
full-time and part-time, pursuing undergraduate, graduate, or professional
studies and those who attend post-secondary educational institutions other
than the State University College at Oneonta and who reside in College
residence halls. Persons who are not officially enrolled for a particular term
but who have a continuing relationship with the College are considered
3. The term "faculty member" means any person hired by the College to conduct
4. The term "College official" includes any person employed by the College,
performing assigned administrative or professional responsibilities.
5. The term "member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. The Vice President for Student Development shall determine a person’s status in a particular situation.
6. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
7. The term "organization" means any number of persons who have complied with
the formal requirements for College recognition.
8. The term "judicial body" means any person or persons authorized by the Vice
President for Student Development, to determine whether a student has violated
the Student Code and to recommend imposition of sanctions.
9. The term "Judicial Officer" means a College official authorized on a case by case
basis by the Vice President for Student Development to impose sanctions upon
students found to have violated the Student Code. The Vice President for Student
Development may authorize a Judicial Officer to serve simultaneously as a Judicial
Officer and the sole member or one of the members of a judicial body. Nothing
shall prevent the Vice President for Student Development from authorizing the
same Judicial Officer to impose sanctions in all cases.
10. The term "Appellate Board" means any person or persons authorized by the Vice
President for Student Development to consider an appeal from a judicial body's
determination that a student has violated the Student Code or from the sanctions
imposed by the Judicial Officer.
11. The term "shall" is used in the imperative sense.
12. The term "may" is used in the permissive sense.
13. The Vice President for Student Development is that person designated by the College President to be responsible for the administration of the Student Code.
14. The term "policy" is defined as the written regulations of the College as found in, but not limited to, the Student Code, Residence Life License, and Graduate/Undergraduate Catalogs.
15. The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.
16. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
ARTICLE II: STUDENT CONDUCT
As consistent with the aims of the Mission of the College and as citizens of the
community of Oneonta, students are expected to improve the society in which they
live and become productive members of that society. Therefore, any student whose
behavior, on or off‑campus, seriously compromises our mission or endangers the
lives, property, or physical welfare of members of the college community, must be
referred to the Standing Disciplinary Board.
2. ACADEMIC DISHONESTY
Academic dishonesty is defined as any act by a student that misrepresents or
attempts to misrepresent to an instructor or any College official, the proficiency or
achievement of that student or another student in any academic exercise for the
purpose of influencing a grade on a piece of assigned work, on an examination or
quiz or in a Course as a whole, or that is intended to alter any record of a student's
academic performance by unauthorized means.
A Student deemed guilty of an act of academic dishonesty may, depending on the
nature of the offense, be subject to one or more of the following measures: failure of
the assignment or examination, failure of the course, or dismissal from the College.
Furthermore, for a second offense, referral of the case to the Standing Disciplinary
Board is mandatory. The penalties that may be assessed by the Board are listed
under the Procedures of the Standing Disciplinary Board as published in this
publication; however, the normal penalty is suspension or dismissal.
It is the Student's responsibility to read and understand the policy on all aspects of
academic dishonesty as published in this publication and the Undergraduate
Catalog. However, individual faculty members may wish to explain the policy as it
relates to their courses. It is emphasized that a student who has any questions about
what constitutes academic dishonesty has the responsibility of clarifying them by
conferring with his/her instructors.
Examples of Academic Dishonesty:
The following examples, although not all-inclusive, are intended to help students
understand what constitutes academic dishonesty. Other acts should not necessarily,
be considered as falling outside the scope of this policy because of their absence
from this list.
• Plagiarism that is, using materials from another's work without acknowledgment, using quotations without identification as such or paraphrasing without specific identification of the source.
• Copying and/or modifying another person's computer file, program, printout, or portion thereof for use in an assignment without the permission of the instructor.
• Knowingly permitting one 's computer file, program, printout, or portion thereof to be copied or modified by another student for use in an assignment without the permission of the instructor.
• Unauthorized giving or receiving of information on an examination, laboratory procedure, or other exercise.
• Taking an examination for another student or allowing another student to take an examination for you.
• Altering or attempting to alter a grade on any piece of graded work, a grade written in an instructor's personal records, or a grade written on any College form or transcribed in any official College record.
• Submitting a College form with a forged signature.
Unauthorized use of another person~ computer user code may not necessarily be regarded as academic dishonesty. It is, nevertheless, a misuse of College property, perhaps theft, and will be dealt with under the provisions of the College Regulations as published in this publication.
Procedures to be Followed When Academic Dishonesty is Suspected:
• Faculty members who encounter acts of academic dishonesty are required to report them in writing to the Student Development Office with a copy of the report to the department chair.
• Whenever possible, the faculty member should impound the evidence of suspected dishonesty. If necessary, photocopies can be made in the Registrar's Office. Such evidence will not be returned to the student but will be kept in the confidential files in the Student Development Office.
• The faculty member should obtain such signed statements from students and other faculty as may be necessary to complete the documentation. The statements will be kept in the confidential files of the Student Development Office.
• Whenever possible, the faculty member should explain the nature of the suspected violation and advise the student of the actions to be carried out as outlined in this policy.
• If a student admits to an act of dishonesty, the faculty member should obtain a statement to that effect signed by the student. The statement will be kept in the confidential files in the Student Development Office.
• Failure by the faculty member to execute any of these responsibilities will not constitute grounds for dismissal of charges against a student.
Students are encouraged to notify the instructor if they observe an act of academic dishonesty. If a student reports such an incident, the instructor shall be obligated to pursue the matter as indicated above. If in the opinion of the student who has reported the incident, the instructor has not fulfilled his/her responsibilities in this matter, that student may take one or more of the following steps in an attempt to resolve the situation:
• Confer with the department chairperson.
• Confer with the Student Development staff.
• Confer with the student grievance committee of that department.
• Confer with the appropriate academic dean.
• Appeal in writing to the Subcommittee on Student Academic Grievances.
Actions to be Taken:
• If a Student admits having acted dishonestly when confronted by a faculty member and it proves to be the first offense, the student must at least receive a grade of "E" for the assignment or activity in question. The faculty member does, however, have the option of assigning the student an "E" for the course if he/she considers it appropriate. The faculty member must report, in writing, any action taken to Student Development with a copy of the report to the department chair.
• Without an admission of guilt, a faculty member may assign a grade of "E" for an assignment, for an activity or for the Course if he/she has proof that the student is guilty of academic dishonesty in connection with this work. These instances of academic dishonesty must be reported to the Student Development Office. In such cases, the student may appeal to the Vice President for Student Development and/or the Standing Disciplinary Board.
• If in the judgment of the Student Development Office, the nature of the case warrants it, a first-time offender may be referred to the Standing Disciplinary Board of the College (see next section).
• Subsequent violations must always be referred to the Standing Disciplinary Board. The penalties that may be imposed by the Board are published under the Procedures of the Standing Disciplinary Board in this publication.
• In cases where the student disputes a charge of academic dishonesty, the Student Development Office will be responsible for the investigation of the case and determining future action.
• In cases of dispute, the appropriate academic dean should be consulted by the Student Development Office or he/she may enter the case on his/her own initiative.
A student who disputes a decision by a faculty member may request to have
his/her case heard by the Standing Disciplinary Board. This request should be
submitted in writing to the Student Development Office.
3. ALCOHOL AND DRUGS
Possession, use, and/or distribution of illegal drugs and/or alcohol by students are
prohibited on campus.
No person shall intentionally or recklessly cause physical injury or impairment or bodily harm to any member of the College community, or any person who is on campus for a legitimate purpose. No person shall recklessly engage in conduct that creates a substantial risk of serious injury to another person.
The following documents are available from the campus homepage at https://suny.oneonta.edu/policy-library/policies/information-technology-acceptable-use-policy and explain the campus expectations regarding the use of campus information technology.
Policy for Use of Campus Information Technology
User Code Agreement
Policy on Privacy and Use of Computer User Accounts and Electronic Mail
General Guidelines for College at Oneonta World Wide Web Pages
Digital Millennium Copyright Act Information
These documents apply to all information technology facilities, labs, and resources on campus. Use of information technology facilities and resources applies to, but is not limited to, the use of desktop Computers, notebook computers, mainframe computers, servers of any kind, computer networks, network connections, modem connections and any other device that involves computing and/or network connectivity. It also applies to computer files, programs, or data stored on floppy disk, hard disk, magnetic tape, CD-ROM, cartridge, removable hard drives, zip drives, or any other storage media. Information technology facilities and files owned by others should be used or accessed only with the owner's permission. The college information technology facilities are for the exclusive use of currently enrolled SUNY College at Oneonta students, faculty, staff, and retired faculty, retired staff, and "friends of the College" with a valid user code.
Students who have been duly convicted of any crime or violation, on or off campus, other than a traffic infraction may be subject to college discipline.
Our constitution and our courts guarantee the right to dissent. The College is one institution within our society where this right is not only fundamental, but also essential. The right may be exercised by the use of written or spoken words, by acts such as picketing and by "peaceable" mass assembly and demonstrations, subject to College regulations on time, place and manner of such activity.
The First Amendment protects the right to assemble and to petition, but it requires
that the right be peaceably exercised. The College will not tolerate the deliberate
disruption of the work or movement of others nor will it condone violence or physical
interference with the facilities or functions of the campus. If protestors (or
anti‑protestors) resort to the use of violence or physical interference, College
officials may, without delay, invoke the use of legitimate authority to remove all
The goal of the College is to provide the best possible educational environment. An
essential part of this commitment is the necessity to maintain genuine academic
freedom and to preserve the right of all members of this community to question,
debate, criticize, and dissent peaceably. These cannot be preserved in the
presence of force and violence or the threat of force and violence that interferes
with or obstructs the work and activity of other members of the College
community. [See the Trustees Rules for the Maintenance of Public Order] Therefore:
a. Unauthorized occupation of College facilities, or
b. Violent conduct or the threat of violent conduct that obstructs or disrupts College activity will result in immediate steps to impose appropriate disciplinary action, including possible expulsion, under established procedures, on any student who engages in conduct that unreasonably interferes with the freedom of movement of persons on this campus or with the normal functions of the College.
c. The use of amplifying equipment in the academic quad is prohibited when classes are in session unless approved by the Vice President for Student Development or his/her designee.
8.DISORDERLY CONDUCT/HARASSMENT/ABUSIVE BEHAVIOR
No person shall engage in any disorderly behavior with intent to disrupt the College's academic environment or the provision of college services. No person shall recklessly create a public inconvenience or disturbance or a risk thereof. Prohibited behavior includes, but is not limited to, fighting, making unreasonable noise, using abusive or obscene language or gesture in a public place, disturbing a lawful meeting, obstructing pedestrian or vehicle traffic, or creating a hazardous or physically offensive situation by an act which serves no legitimate purpose. Harassment, threats, or verbal or physical abuse are prohibited.
9. DISRUPTIVE CLASSROOM BEHAVIOR
Instructors have a responsibility to maintain an effective learning situation in their classrooms and to deal promptly with any disruptions that interfere with the learning situation. The instructor is in charge of his/her classroom. If he/she feels that a student is interfering with the right of other Students to profit from attendance in that classroom or if he/she feels that he/she is being unreasonably hindered in the presentation of subject matter, the instructor has every right to eject the offending student from class and/or notify the Student Development Office of the student’s behavior. Either course of action should be taken with discretion and only for reasonable cause.
If a student is ejected from the class, it shall be for that class period only and the instructor should immediately submit a written report of the incident to the Student Development Office and a copy to the student and the appropriate academic dean. (If the incident involves physical violence, a report should also be made to the University Police.) Upon receipt of the report, the Director of Student Conduct will immediately schedule an interview with the student to discuss the incident. Any subsequent incident reported to the Vice President for Student Development involving the same student in any class will result in administrative action by the Student Development Office and possible referral to the Standing Disciplinary Board of the College. The consequences of such action may include denying the student further access to the class or other disciplinary action, including dismissal from the college.
10. FAILURE TO COMPLY
Failure to comply with reasonable and lawful requests or directives of College officials or law enforcement officers acting in the performance of their duties and/or interference with faculty, staff, or student staff acting in the performance of their official duties will result in disciplinary action.
11.FALSE ADMISSION APPLICATION
Applications for admission to any SUNY institution require disclosure of all previous college attendance. In cases where students are found not to have declared all such attendance, the Committee on Student Progress and Status will review the record. If the Committee decides that there is ground for disciplinary action, the case will be referred to Student Development for action by the Standing Disciplinary Board. If the student is found to have falsified the application after a hearing, the penalty may be immediate dismissal from the College.
12.FALSIFICATION OF INFORMATION
Furnishing false or misleading information to the College or other similar forms of dishonesty in College regulated affairs, including knowingly making false oral or written statements to any College official or hearing body, will result in disciplinary action. Forgery, alteration, or misuse of University documents, records or identification is prohibited.
No person, either singly or in concert with others, shall for the purpose of initiation into or affiliation with any organization or group, recklessly or intentionally take any action or create or participate in the creation of any situation that endangers the mental or physical health of another person. This includes, but is not limited to the forced consumption of liquor or drugs.
Students may be dismissed from the College when they have a health condition that may endanger the health of other students, or themselves.
Failure to show proper student identification or other identification to any faculty, staff, or student staff in the performance of their official duties will result in disciplinary action. All students are required to carry their identification with them at all times.
The library is a place for study, research, and instruction. Reasonable standards of conduct are expected in order to reflect the educational purpose of the college, to protect the rights of library users and to safeguard college property. The library staff is empowered to assure compliance with regulations supporting the appropriate use of the library. The following behaviors are prohibited: disruption or prevention of regular library activities; the unauthorized removal, defacing, mutilating or theft of library materials; damaging the library building its furnishings or equipment; and, smoking in any part of the library building. Students who violate these guidelines are subject to college disciplinary action and criminal prosecution where appropriate.
17.MISUSE/DESTRUCTION OF PROPERTY
Misuse of any property belonging to the College or in the possession of the College may result in dismissal from the College. Dismissal shall not preclude the necessity for repair or replacement of such property. Library materials, animal and plant materials, etc. shall be considered College property. Furnishings and fixtures, and equipment and supplies of College buildings and buildings leased from the Dormitory Authority shall also be considered College property.
Any student convicted of more than one violation of any ordinance(s) of the City or Town of Oneonta, excluding parking ordinances, will be referred to the College Judicial System.
19. RESIDENCE HALL LICENSE
Students living on campus or visiting a residence hall are required to comply with all policies and procedures as outlined in the Residence Hall License.
The State University of New York College at Oneonta condemns and prohibits sexual misconduct in any form. Sexual misconduct will not be tolerated by this campus and will be dealt with by appropriate disciplinary action.
Sexual Assault can be defined as one or more of the following:
Rape: forcing or coercing someone to have sexual intercourse. Rape most
often involves the use or threat of force, violence, or immediate and unlawful
bodily injury. The perpetrator does not need to use a weapon or produce
physical harm; the threat of force, expressed or implied is itself sufficient to
categorize the act as rape.
Rape also occurs when the victim is incapable of giving legal consent because
the victim is:
• less than 17 years of age
• mentally incapacitated
• physically helpless, including drug or alcohol consumption
• mentally "Incompetent"
Acquaintance Rape (Date Rape): sexual intercourse undertaken by a friend, date, or acquaintance without consent. Acquaintance rape includes sexual intercourse that occurs through force, as a result of threats, physical restraint or physical violence, or without consent.
Sexual Abuse: forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances mentioned above.
Sodomy: forcing or coercing a man or woman to engage in any deviate sexual contacts under the circumstances mentioned above.
Sexual Harassment: defined as unwelcome sexual advances, request for sexual favors, or other sexually degrading verbal or physical conduct. A complete statement concerning sexual harassment is detailed in the front of this publication.
Where there is probable cause to believe the College's regulations prohibiting sexual misconduct have been violated, the College will expedite strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the College.
An individual charged with sexual misconduct will be subject to College disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending.
The College will make every effort to be responsive and sensitive to the victims of these serious crimes.
Protection of the victim and prevention of continued trauma is the College's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the Director of Student Conduct will be held to determine the need for modifying the living arrangements. Assistance for any other personal or academic concerns will be reviewed and options provided.
During the disciplinary process, the victim's rights are:
• To have a person or persons of the victim's choice accompany the victim throughout the disciplinary hearing.
• To remain present during the entire proceeding.
• As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing.
• To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.
• To be informed immediately of the outcome of the hearing.
During the disciplinary process, the rights of the accused are as described under the Due Process Procedure of the College Judicial System section of this Code. These rights will be reviewed with the accused by the hearing officer and/or the Director of Student Conduct.
Information and Assistance:
If you believe you have been sexually assaulted in any way, you should seek assistance. If you are in continuing danger, call University Police immediately at 436-3550. It is important not to bathe, douche, change your clothes, or rinse your mouth. If there is any possibility that you will report the crime, you don't want to destroy the evidence. You may choose to seek support from your R.A. or Residence Hall Director, or you may wish to contact the PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault). PAIRS is a 24-hour confidential campus resource with trained professionals available for immediate support and advocacy. To request PAIRS services, call University Police at 436-3550. University Police is available to assist you as well. University Police Officers have your well being as their primary concern. They have been trained to treat you with respect and sensitivity. The officer will ensure that you are promptly taken to a physician for medical care and, if appropriate, for the collection of evidence. At your request, University Police will contact a member of PAIRS to provide immediate support. If you wish to file charges, University Police will assist you. You have the option of reporting the crime to the local police and assistance in this matter will be provided at your request.
Individuals who have been sexually assaulted frequently experience physical and psychological trauma. Even if you decide not to report the incident to the authorities, for your own well being, it is important to consider the confidential assistance of medical and counseling professionals.
University Police ………..……………..436-3550
Health Center ………………………... 436-3573
Counseling Center …………………….436-3368
The Violence Intervention Program, The Domestic Violence/Sexual Assault 24 hr. hotline....................432-4855
Oneonta Police Department………........432-1111
A.O. Fox Memorial Hospital …….........431-5000
New York State Police ………….........432-3211
Educational programs to promote awareness of rape, acquaintance rape and sex offenses are presented to the campus community, by University Police and Student Development staff. The PAIRS Committee (Providing Advocacy and Intervention Regarding Sexual Assault) present ongoing programs for resident students, sororities/fraternities, and other groups.
21. THEFT/POSSESSION OF STOLEN PROPERTY/CRIMINAL MISCHIEF
No person shall take, or intentionally or recklessly damage, or knowingly possess property other than his/her own without the consent of the owner, or intentionally impede recovery by the owner or College officials acting on behalf of the owner.
No person shall knowingly enter into and/or utilize any College facility or service without proper authorization. No person shall knowingly enter a facility that they have specifically been prohibited from entering as per a judicial sanction.
Possession or keeping of a deadly instrument on campus (including in any vehicle) or use of any object with intent to harm another is prohibited. This includes, but is not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka‑sticks, slingshots, kung fu type weapons, fireworks, firecrackers, CO‑2 type firearms, spring‑powered firearms, chemical or pepper aerosol spray. Violators will be subject to criminal prosecution and/or disciplinary action from the College.
ARTICLE III: COLLEGE JUDICIAL SYSTEM
The judicial process includes three levels of adjudication. At the lowest level, cases are heard by residence hall directors. At the next level, cases are heard by a Student Development administrator, usually the Director of Student Conduct or Office of Residential and Community Life administrators. At the highest level, cases are heard by the Standing Disciplinary Board (SDB). Nothing in these procedures implies that civil or criminal action cannot be taken independently of this judicial system in appropriate cases. The College reserves the right to make public, within the guidelines created by the Department of Education, the outcome of disciplinary hearings.
The Director determines the level at which cases will be adjudicated. Cases in which the accused student may be suspended will be heard by the Director of Student Conduct or SDB; if dismissal is a possibility, the case will be heard by the SDB. There are the following exceptions:
1. If the case cannot be heard by the SDB in a timely manner, it may be adjudicated by the Director of Student Conduct or designee.
2. A student who is facing suspension and is informed that the case will be heard by the Director of Student Conduct may request in writing that the case be heard instead by the SDB. The written request should be submitted to the Director of Student Conduct within 24 hrs of the student having been informed of the hearing.
Due Process Procedures for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers
1. The student who has been accused of a violation will be informed of the charges in writing or orally at the time of the administrative hearing.
2. The student will be informed of the nature of the evidence against him/her.
3. The student has the right to make statements and present witnesses on his/her behalf.
4. The student may ask that the administrative hearing be postponed for 24 hours in order to have time to call witnesses or to gather witness statements.
5. The student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.
6. Decisions about violations of the Student Code will be based on the preponderance of evidence.
If a student is found responsible for a Code of Conduct violation, an administrative hearing officer may impose any one or more of the sanctions below. A Residence Hall Director may impose any one or more of the sanctions below with the exception of numbers one and two. There are many factors that are considered in determining the appropriate sanction(s). History of previous violations will be considered when determining sanctions. Code of Conduct violations that are bias-related may incur a more severe sanction.
Administrative Hearing Sanctions
1. Suspension means withdrawal from the College for a specified period of time. If the student is suspended for the semester in which he/she is currently enrolled, no academic credit for any of his/her courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the period for which he/she has been suspended.
2. Restrictive disciplinary probation is given for a specific period of time. During that probationary period, the student may not represent the College in any way nor hold elective or appointive office in any organization related to the College, nor participate in interscholastic or intramural sports, nor participate in any theatrical performance that is not part of class assignments, nor receive public recognition in any way. The student may, however, be a member of any club or recognized student organization. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other College regulations during the period of his/her probation, he/she may be suspended or expelled.
3. General probation imposes no restriction on the activities of the individual involved but indicates that for the time specified by the Disciplinary Board, the student may be suspended or expelled if he/she has been found guilty of violating any other College regulation.
4. Residence Hall Probation means that the student should understand that any future residence hall policy violation will result in further judicial review.
5. A letter of reprimand is a letter indicating the College's displeasure with the behavior demonstrated by the student concerned. This letter of reprimand is kept in the Student Development Office confidential file until the end of a specified period of time unless otherwise directed.
6. Restitution of property may be required when appropriate.
7. Educational sanctions may be assigned when appropriate.
Appeal Process for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers
1. A decision and/or a sanction may be appealed. The appeal must be in writing and should be delivered to the Director of Student Conduct or designee within 5 class days of the hearing.
2. For cases that were heard by residence hall directors, the appeal will go to the Director of Student Conduct.
3. For cases that were heard by the Director of Student Conduct or Office of Residential and Community Life administrators, the Vice President for Student Development or his/her designee will review the appeal.
4. The appeal process will consist of a review of the records of the administrative hearing and the supporting documents. The appeal process will not include a new hearing.
The following exceptions apply:
a. If the appeal presents new evidence that was not available at the time of the administrative hearing, the student may be called to discuss the evidence.
b. If it is found that the student’s due process rights were violated at the administrative hearing, the case will be heard again by an individual appointed by the Vice President or his/her designee.
5. The individual who reviewed the appeal will respond to the appeal in writing.
6. If the appeal is upheld, the individual who reviewed the appeal may make changes in sanctions or may refer the case for a new administrative hearing.
7. If the appeal is upheld, sanctions may be reduced but may not be increased.
8. Students are limited to one appeal for each hearing.
Grounds for Appeals for Cases Adjudicated by Residence Hall Directors and Administrative Hearing Officers
The written appeal will be considered if it includes at least one of the following:
The student demonstrates that the hearing was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.
(See Due Process Procedures for Cases Adjudicated by the Residence Hall Directors and Administrative officers.)
The student demonstrates that the decision that was reached was not based on substantial evidence. That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.
The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.
The student brings forth new evidence or other relevant facts that were not brought forward at the time of the hearing because they were not known to the student at the time of the hearing.
Due Process Procedures for Cases Adjudicated by the Standing Disciplinary Board:
The student who is accused of a violation of the Student Code will be given notice of the hearing in writing 48 hours prior to the hearing.
The student who is accused of a violation shall be informed of the nature of the evidence against him or her.
The student who is accused and students who have made a complaint against a student have the right to make statements and present witnesses.
Students who are accused will be made aware of all known testimony against them, with written summary or copies available on request.
Students who are accused and students who have made complaints have the right to be assisted by an advisor, at their expense. The advisor cannot speak for the advisee or present the case or participate directly in the hearing. The advisor may be an attorney.
A student who has been accused has the right to remain silent and may not be forced to incriminate himself/herself.
Decisions about violations of the Student Code will be based on the preponderance of evidence.
Appeal Process for Cases Adjudicated by the Standing Disciplinary Board
1. A decision and/or a sanction may be appealed. The appeal must be in writing and should be delivered to the Director of Student Conduct or designee within 5 class days of the hearing.
2. The appeal process will consist of a review of the records of the SDB hearing and the supporting documents. The appeal process will not include a new hearing. The following exceptions apply:
a. If new evidence is brought forward that was not available at the time of
the hearing by the SDB, the student may be called to present the evidence.
b.If it is found that the student’s due process rights were found to have
been violated, the case will be heard by the Vice President’s designee.
3. The records will be reviewed by the Vice President for Student Development or his/her designee.
4. The Vice President or his/her designee will respond to the appeal in writing.
5. If the appeal is upheld, the Vice President or his/her designee may make changes in sanctions or may refer the case back to the SDB.
6. If the appeal is upheld, sanctions may be reduced but may not be increased.
7. Students are limited to one appeal for each hearing.
Grounds for Appeals for Cases Adjudicated by the Standing Disciplinary Board
The written appeal will be considered if it includes at least one of the following:
1. The student demonstrates that the hearing by the SDB was not conducted fairly in light of the charges or that the student was not provided a reasonable opportunity to prepare and present evidence and/or rebuttal to the allegations.
(See Due Process Procedures for Cases Adjudicated by the SDB.)
2. The student demonstrates that the decision that was reached was not based on substantial evidence. That is, the facts of the case were insufficient to establish that a violation of the Student Code occurred.
3. The student demonstrates that a sanction that was imposed was inappropriate for the violation of the Student Code that the student committed.
4. The student brings forth new evidence or other relevant facts that were not brought forward at the time of the SDB hearing because they were not known to the student at the time of the hearing.
Jurisdiction of Individual Boards (Optional)
Student Supreme Court: This court shall be concerned with matters pertaining to the Student Association. They also shall rule upon the constitutionality of any action or motion carried out or passed by any member of the Student Association, by any official of the Student Association, elected or appointed, or by any of its organizations. The Student Supreme Court has no jurisdiction in disciplinary matters.
Standing Disciplinary Board
This board will hear all disciplinary cases referred to it by the Student Development Office, e.g., plagiarism (see regulations about plagiarism and cheating in this publication), unauthorized entrance into offices of faculty members, and other violations of College rules and regulations.
The Vice President for Student Development of the College is the final source of appeal in all cases that have been heard by the Standing Disciplinary Board. It is understood that until the Standing Disciplinary Board takes action, the Vice President for Student Development may immediately suspend a student on an interim basis pending a full hearing when his/her continued attendance constitutes a clear and present danger. It is understood that in all sections of this policy where reference is made to the President of the College, the meaning shall be the President or his/her designee. It is understood that the President's designee may or may not be a member of the Student Development staff. In such cases, the student will be given the opportunity to meet with the Vice President for Student Development within 24 hours after the interim suspension to discuss the propriety of the suspension.
Upon agreement of the accused and the accuser, the case may be handled administratively by a member of the Student Development staff with the right of appeal being guaranteed. The appeal route is outlined, and it is the right of any of the accused to appeal. The following penalties may be imposed when administrative action is taken: educational sanctions, dismissal from the residence, letter of reprimand, general college probation, residence hall probation, restrictive disciplinary probation or suspension.
1. The Standing Disciplinary Board shall consist of:
(a) Four faculty members. Three members to be elected by the faculty at large from a slate of at least three nominees for each position. These nominees shall be nominated by a committee consisting of the President of the College, Vice President of the College, Vice President for Student Development, and the chairperson of the Committee on Student Development. These faculty members will serve a three-year term. Additionally, one faculty member on the Standing Disciplinary Board will be selected from and by the Committee on Student Development. He/she will serve a one year term and may be reappointed for subsequent years.
(b) Three students to be appointed by the President of the College following consultation with the President of the Student Association. The students will serve a one year term. Two students shall be appointed to begin service in the spring semester and one student shall be appointed to begin service in the fall semester.
2. Non-Voting Members
(a) The Vice President for Student Development or his/her designee shall serve as a consultant to the Board.
(b) The President of the Student Association shall serve as a liaison between the Student Association and the Standing Disciplinary Board and shall be present at hearings at which the Student Association may be affected.
A. The chairperson of the Disciplinary Board shall be one of the faculty members elected by a majority vote of the faculty and student members of the Board at its first meeting of the academic year. He/she shall have one vote, to be used only in the event of a tie vote among the other members of the Disciplinary Board. The chairperson shall be responsible for calling and convening meetings of the Disciplinary Board whenever the need for such action has been called to his/her attention.
B. Each of the three other faculty members and each of the three student members shall have one vote.
C. The Disciplinary Board shall consider cases of student misconduct in accordance with the procedures outlined by the College Judicial System. Cases shall be referred to the Disciplinary Board under the following circumstances:
1. Any student or student group, whose misconduct, in the estimation of the Student Development Office, might result in the student's suspension or expulsion may be referred to the Disciplinary Board.
2. A student or student group has the right, by request to the Director of Judicial
Affairs, to have reviewed by the Disciplinary Board any action taken against
him/her or them by any other board, committee or individual other than the President
of the College.
3. Any behavior on or off campus in which a student acts in such a way as to adversely affect the campus, members of the campus community, or its educational mission may be subject to referral to the Disciplinary Board.
4. Any member of the College community may suggest to the Director of Student Conduct that a student's case be referred to the Disciplinary Board. This applies to any individual.
D. Due process procedures for boards within the College judicial structure have been outlined in a previous section. The student or student group under disciplinary consideration shall be given explicit notice, preferably in writing, within 48 hours of the time and place of a hearing and the specific offense(s) of which he/ she or it is charged. Such notification shall be provided by the Director of Student Conduct with duplicate copies sent to the chairperson of the Disciplinary Board.
E. All testimony in a hearing shall be as direct as possible. If witnesses cannot appear, written signed statements shall be secured from them. The signing of written statements shall be witnessed by at least one other individual. Where possible, that witness shall be the Director of Student Conduct.
F. Voting shall be by means of a secret ballot with a simple majority determining the results. Where a penalty is imposed, the student shall be informed explicitly of its nature and limits. The Student Development Office shall be notified of the action taken in each case and shall be responsible for ensuring that the penalty be imposed. That office will present to the student a written, detailed explanation of the penalty to be imposed and the reasons for the finding(s).
G. An accurate record of all hearings, including the vote, shall be kept in a confidential file. In cases of suspension or expulsion, a copy of the hearing results shall be sent to the Associate Vice President for Student Development.
H. The Disciplinary Board shall have the authority to recommend penalties as outlined in this code. When suspension or expulsion is indicated, the Associate Vice President for Student Development will review the recommendation and determine the final sanction.
I. The student or student group may appeal the actions of the Disciplinary Board by presenting his/her or its appeal to the Vice President for Student Development or his/her designee. The student shall be informed of his/her or its right to such appeal.
J. A written description of the College judicial procedure shall be made available to any student or group under disciplinary consideration. The following penalties may be imposed by the Disciplinary Board:
1. Dismissal implies expulsion from the College for an indefinite length of time. The student who is dismissed from the College may expect that only unusually mitigating circumstances will result in his/ her readmission to the College.
2. Suspension means withdrawal from the College for a specified period of time. If the student is suspended for the semester in which he/she is currently enrolled, no academic credit for any of his/her courses may be awarded or refund of tuition issued. Readmission would usually be automatic for the student at the end of the period for which he/she has been suspended.
3. Restrictive disciplinary probation is given for a specific period of time. During that probationary period, he/she can not represent the College in no way nor can he/she hold elective or appointive office in any organization related to the College. He/she may not participate in interscholastic or intramural sports. He/ She may not participate in any theatrical performance that is not part of his/her class assignments. He/she may not receive public recognition in any way. The student, however, may remain at any club that he/she prefers. In general, restrictive disciplinary probation is seen as allowing the student to pursue only those activities that enhance academic progress. Restrictive disciplinary probation carries with it the assumption that if the student should violate any other College regulations during the period of his/her probation, he/she may be suspended or expelled.
4. General probation imposes no restriction on the activities of the individual involved but indicates that for the time specified by the Disciplinary Board, the student may be suspended or expelled if he/she has been found guilty of violating any other College regulation.
5. A letter of reprimand is a letter indicating the College's displeasure of the behavior demonstrated by the student concerned. This letter of reprimand is kept in the Student Development Office confidential file until the end of a specified period of time unless otherwise directed.
6. A letter of admonishment is also a letter indicating the College's displeasure of the student's conduct and a hope that the student will behave more responsibly in the future. However, no record of this letter is kept on file anywhere except in the records of the Standing Disciplinary Board.
7. Recommend restitution of property when appropriate.
K. There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the College.
The Standing Disciplinary Board may dismiss charges against the student where it feels the original charges were not warranted.
Parent Notification Policy
Parents of all students under the age of twenty-one will be notified for drug and alcohol on campus violations if a student is referred to a checkpoint, an alcohol/drug workshop. Additionally, notification will occur if a student is sanctioned beyond residence hall probation for a drug or alcohol violation and if a student is referred to the College Standing Disciplinary Board.
Transcript Notation Policy
Because of the seriousness of disciplinary board cases, the College will record the outcome of certain disciplinary action on a student's transcript, in the form of a transcript comment. In disciplinary cases involving withdrawal prior to a disciplinary hearing, Interim Suspension, Suspension, or Expulsion, the student's academic transcript shall be noted as follows:
Withdrawal: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Readmission subject to Student Development Hearing." Comment is removed if a student is readmitted.
Disciplinary Interim Suspension (pending an SDB hearing): Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily suspended on (date)."
Disciplinary Suspension: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily suspended until (date)." Comment is removed when the term of suspension expires.
Disciplinary Expulsion: Student receives W or W() grades according to established guidelines. Transcript comment reads: "Disciplinarily expelled on (date)."
After five years from the date of the student leaving the College for withdrawal pending a disciplinary hearing, Disciplinary Interim Suspension, or Disciplinary Expulsion, the student may petition the Vice President for Student Development to have the transcript comment removed. It is the student's responsibility to provide substantial evidence, which supports the petition and provides documentation of their activities (work, education, etc.) since their exit from Oneonta.
Interpretation and Revision
A. Any question of interpretation regarding the Student Code shall be referred to the Vice President for Student Affairs or his/her/designee for final determination.
B. The Student Code shall be reviewed annually under the direction of the Director of
ARTICLE IV: ADDITIONAL POLICIES
The State University of New York College at Oneonta will respond to each HIV infection case as required by its particular facts. Persons with AIDS or HIV infection will be assured of classroom attendance, work areas, residential housing, access to public facilities and common areas. The College will not tolerate cases of harassment where students or employees who are either known to be or suspected of being HIV positive are subjected to emotional and/or physical abuse. Confidential information concerning HIV infection status will not be provided to any person, group, agency, insurer, employer, or institution without the prior written consent of the person. The College health service will observe public health requirements by reporting cases of AIDS to the local public health authorities.
2.Visitors to Campus
All visitors and guests on campus will be expected to conform to all College and living center regulations. Those who do not will be required to leave the campus. In the event of law violation or noncompliance with a request to leave, he/she shall be considered a trespasser and the campus law enforcement authorities will be notified.
Smoking is prohibited in all College buildings except in certain designated areas. Such areas are identified by "Smoking Permitted" signs. Areas without such signs should be understood to be no smoking areas. Smoking is defined as the carrying or use of a lighted cigarette, cigar, or other form of smoking device.
4. Public Display
Nature of display shall be approved by the appropriate college officer or
Each poster shall be identified as to its sponsor.
Any member of the College community may display any notice, poster, or petition providing it complies with the above sections. (Commercial notices must be cleared through the office of the Director of the College Union.)
5. Display of Flags or Banners
The College will display on its several campuses, no flag or banner other than the Flag of the United States, the Flag of the State of New York, the United Nations Flag, and the Red Cross Flag, and the College will not permit the display of any such other flag or banner requiring the use of public facilities or premises of the College.
6. Class Attendance
Students are expected to attend all classes for which they are registered. Attendance policies may be determined by the individual instructor. Hence, the professor is the person directly responsible for notifying his/her students of attendance requirements. Beyond that point, the primary responsibility for attendance rests with the student.
It is also understood that students who miss work for whatever reason, however legitimate, are responsible for that work. In other words, although an absence may be excused in the sense of being officially explained, the student is not excused from knowing course material or satisfying course requirements. It is also apparent that at times an absence in itself may mean that students have missed a part of the course experience that cannot be duplicated. It is up to the instructor to determine the degree of makeup experience that is possible or necessary.
The main business of the College is instruction. Instruction takes precedence over vacations, bus schedules, or personal convenience. Classes before and after vacations are a significant part of the instructional time. Instructors include significant materials in these classes, and at their discretion schedule examinations or other written assignments for those days.
Instructors are asked to give special consideration to students who wish to be absent for reasons of religious observance. Instructors are asked not to reschedule their classes to extend a vacation.
a.Attendance During the First Week of Classes
It is the student's responsibility to indicate his/her intention to attend each course for which he/she is registered. Therefore, a student must attend the first class in each course, as well as the first laboratory (if applicable) or the instructor may declare the student's place vacant, give it to another student and report having done so to the Registrar's Office.
If an illness or unavoidable circumstance prevents the student from attending the first class or the first laboratory, the student must notify the instructor or the department office of his/her intention to attend the course. If neither can be reached, then the student may ask the Student Development Office to notify the instructor or the department office. Such notification must occur during the first three class days of the semester.
b. Athletic Absences
Students on College athletic teams should not be required to attend class at times that conflict with official intercollegiate athletic contests in which their team is engaged. Neither should such students be penalized for athletic absences by being denied the same opportunity to make up the work or demonstrate competence that would be given any other student with a legitimate reason for absence, such as illness or a co-curricular field trip. Athletic absences should be treated as legitimate absences.
APPENDIX A: POLICY STATEMENT ON DRUGS AND ALCOHOL
Compliance with the Drug-Free Schools and Communities Act of 1989
The College at Oneonta hereby prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on our property or as any part of our institutional activities.
The College will impose sanctions on students and employees who violate this policy consistent with local, state, and federal law. Students will be subject to the judicial procedures specified in this publication. Other corrective action may include the completion of an appropriate rehabilitation program.
The College will interpret local, state, and federal regulations in the strictest sense to assure a drug-free workplace.
The College, on an annual basis, will provide to each student and employee information describing the health risks associated with the use of illicit drugs and the abuse of alcohol.
The College is committed to offering employees and students counseling and/or referral to the appropriate agencies for problems associated with drugs and alcohol. For students, the campus Counseling Center is available for confidential counseling and referrals.
Finally, the College at Oneonta commits to biennial reviews of our programs associated with this statement to determine program effectiveness and implement necessary changes. It is also our intention to assure consistent applications of this policy to all students and employees alike.
College Regulations Regarding Alcoholic Beverages
The College has an obligation to develop policies and procedures that reflect our relationships to the larger Oneonta community and to New York State. The campus alcohol policy has been revised because of legislative amendments to the New York State Alcohol Beverage Control Law. The College will, however, continue to stress the importance of alcohol education within the campus community. As is true with any policy or regulation, voluntary compliance is essential for its successful implementation.
While procedures have been developed for addressing violations of the campus alcohol policy, respect for issues of student privacy and security from unreasonable intrusions will be consistent with policy and past practice.
The College will comply with the requirements of the New York State Alcohol Beverage Control Law. Amendments to the law provide that, "No person under the age of 21 shall possess any alcoholic beverage with the intent to consume such beverage." College regulations pertaining to this law will be implemented in the following manner:
Alcoholic beverages are not permitted in residence halls and no events will be approved in which alcohol will be served or consumed. Residents are subject to all local and state laws concerning the use, possession, sale, and transportation of alcoholic beverages.
College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted.
Upon approval of the Hunt College Union Director, alcohol may be served at specifically approved student functions under the application procedure described below. These functions must be serviced only by the Organization of Ancillary Services designated by the Hunt College Union Director. Beverage service will be operated in accordance with federal, state, and local laws under the license obtained by the Organization of Ancillary Services of the State University of New York in Oneonta.
Application to Serve Alcohol
Individuals or organizations requesting alcohol service must do so by completing the appropriate College Activity Registration forms and submitting them to the Director or his/her designee, no later than 30 days before the proposed event. The Director, in consultation with appropriate divisions of the College and OAS, will inform the applicant of the decision within 48 hours of the receipt of the application.
Violations (resulting from “occasional service” as outlined above)
Violation of this policy will result in appropriate disciplinary sanctions up to and including dismissal, as provided for under established College judicial procedures. While students are subject to the provisions of campus alcohol policy, the following information is provided regarding provisions of the Alcohol Beverage Control Law:
*Violators are subject to a fine of up to $50 per offense but are not subject to arrest. Alcoholic beverages involved in alleged violations of this law may be seized by authorized law enforcement officials, including campus police officers. Disposal and destruction of seized alcoholic beverages are also authorized but cannot be carried out until three days after the initial appearance date, unless otherwise ordered by a court.
* Persons under the age of 21 who present falsified or fraudulently altered proofs of age for the purpose of purchasing or attempting to purchase alcoholic beverages are guilty of a violation, punishable by a fine up to $100 and a community service requirement of up to 30 hours. Previously, violations of this section were punishable only by the imposition of a one-year probationary period and a fine.
* A person under the age of 21 who represents an altered New York State driver's license for the purpose of illegally purchasing an alcoholic beverage may be subject to a suspension of that driver's license for up to 90 days and may also be required to apply to the Department of Motor Vehicles for a restricted use driver's license following the suspension.
* No person shall sell, deliver, give away, permit, procure to be sold, delivered, or given away, any alcoholic beverages to any intoxicated person or any person under the influence of alcohol.
*Any person who shall be injured in person, property, means of support or otherwise by an intoxicated person, or by reason of the intoxication of any person, whether resulting in his/her death or not, shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action, such person shall have a right to recover actual and exemplary damages.
* Social host liability creates civil liability for anyone who knowingly furnishes alcoholic beverages to any intoxicated person under the legal age of purchase if intoxication results in injury or damages to a third party.
New York State Education Law prohibits hazing that involves the forced consumption of alcohol.
The drug problem on campus is complex and solutions to drug misuse are difficult. Nevertheless, the possession, sale, or use of any illegal drug on or off campus cannot be condoned.
In addition to taking appropriate action on its own part, the College will continue to cooperate with appropriate health and law enforcement agencies in enforcing this regulation. No sanctuary for those who violate state and federal narcotic laws will be provided by any agency or office of this College. The penalties both on and off campus for the possession and/or sale of illegal drugs are very severe.
The College, through its Student Development Division, is committed to providing the campus with an ongoing program dealing with the problems related to drug abuse and aimed specifically at its prevention through education.
The CHOICES Program
The CHOICES (Choosing Healthy Options in the College Environment Successfully) program is designed to reduce the high-risk use of alcohol and other drugs. Students who wish to become active in planning, implementing, and facilitating workshops regarding high-risk use and related problems (safe sex, acquaintance rape, family model of alcoholism, etc.) enroll in a two-credit hour class that gives intensive training in a wide variety of substance abuse issues. These students make up the Peer Education program and take their workshops to residence halls, classrooms, clubs, and the Greek system. These workshops are interactive, entertaining, and effective. Volunteers are also welcome to join CHOICES as peer educators or as aides in special activities. Prevention Theater is another component of the grant that may be seen during the week of Orientation and is available throughout the semester to interested groups.
Additionally, Dale Capristo is certified to teach OCTAA (On Campus Talking About Alcohol), a highly lauded alcohol abuse prevention model, which is receiving national attention for its effectiveness in reducing alcohol use and abuse. If you require information regarding any aspect of CHOICES, you may reach Dale Capristo at x2469.
Effects and Health Risks of Drugs and Alcohol
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood of an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is like to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome (FAS) or fetal alcohol effect (FAE). Both FAS and FAE are the leading known cause of mental retardation, which is irreversible. To prevent this syndrome, total abstinence from alcohol during pregnancy is necessary. Alcohol should also be avoided if you are trying to become pregnant, as significant damage may occur before pregnancy is discovered.
Tobacco and the Body
Tobacco, commonly smoked through pipes, cigars, and cigarettes, can also be chewed and inhaled in the form of snuff Nicotine is the active ingredient in all forms of tobacco. Nicotine stimulates the heart and central nervous system and is a power constrictor of small arteries. Insufficient oxygen to the heart is the cause of heart attacks. Smoking causes the lungs and bronchioles to be inflamed and congested. Possible health risks of tobacco include arteriosclerosis, emphysema, chronic bronchitis, heart disease, and lung cancer.
Cannabis (Marijuana, pot, grass, reefer, joint, Acapulco Gold, sinsemilla, Thai sticks, weed, THC, Marinol, Hashish, Hashish Oil)
The psychoactive ingredient in marijuana is tetrahydrocannabinol (THC. The amount of THC in a joint is what effects the user. THC is used medically as an anti‑nauseant for cancer patients receiving chemotherapy.
Possible signs of use or abuse of cannabis include increased heart and pulse rate, bloodshot eyes, increased appetite, dryness in mouth and throat, hallucinations, paranoia or panic, impaired memory, altered sense of time, and decreased concentration, reaction time, and coordination.
Health risks include damage to heart and lungs, damage to brain nerve cells, lung cancer, memory disorders, interference with psychological maturation, temporary loss of fertility in men and women, psychological dependence, and bronchitis. For pregnant women, health risks are premature births and low birth weights.
Designer Drugs are lab-made versions of drugs that are designated controlled substances under U.S. law. Under provisions of the Controlled Substance Analog Act, designer drugs are illegal.
Early designer drugs included substitutes for heroin, amphetamines, and hallucinogens, including MDMA (“E”,”X”,”XTC,” ecstasy).
Risks of designer drugs are often related to how the drugs are made as well as how they are used. Base chemicals such as phenylacetic acid, formaldehyde, carbamate, acetic anhydride, and others can build up to toxic levels in the labs. In the process of synthesizing some chemicals can poison the final product-creating seizure-inducing forms of PCP for instance. Many times the chemist doesn’t know exactly what drug he’s created until it’s been “tested” on real people and confirmed by medical examiners.
MDMA, MDA, XTC, ADAM, Rhapsody, E, X, ecstasy.
Risks associated with MDMA include the possibility of overdose and related risk of hypothermia. Because MDA/MDMA are amphetamines tolerance develops quickly and overdose is possible, liver damage and exhaustion can occur. The drugs are known to intensify heart problems. Research indicates there may be damage to brain cells that manufacture the neurotransmitter serotonin.
There are risks connected to all night dancing and MDMA-dehydration; heat exhaustion and dangerously high body temperature are the most common serious. (Taking breaks to cool off and drinking plenty of water will help alleviate the risk.
Source: Charts I, II, and III, “A Matter of Facts,” prepared by the Minnesota Prevention Resource Center, Minnesota Institute of Public Health, for the Chemical Dependency Program Division, Minnesota Department of Human Services.
DRUG ACTIONS CLASSIFIED BY TYPE OF DRUG
|Drug Type||Facts||Possible Signs of Use/Abuse||Possible Health Risks of Use/Abuse|
Alcohol (Brew, Juice, Liquor)
Barbituates (Downers, Barbs)
Benzodiazepines (Valium, Librium, Tranquilizer) taken each time to produce the same effect.
Chloral Hydrate ( Knock Out, Mickey Finn)
Glutehimide (Doriden) Ludes)
Other Depressants: Equanil, Miltown, Noludar, Placidyl, Valmid
|Depressants depress or slow down the central nervous system by relaxing muscles, calming nerves and producing sleep. Alcohol is a depressant. Depressants are composed of sedative-hypnotic and tranquilizer drugs. Depressants are addictive. Users of depressants develop a tolerance to the drugs, Meaning larger doses must be taken each time to produce the same effect||Relaxation and drowsiness; lack of concentration; disorientation; loss of inhibitions; lack of coordination; dilated pupils; slurred speech; weak and rapid pulse; distorted vision; low blood pressure; shallow breathing; staggering; clammy skin; fever, sweating; stomach cramps; hallucinations; tremors; and delirium.||Liver damage; convulsions; addiction with severe withdrawal symptoms; coma, death due to overdose. For pregnant women, the newborn may be dependent and experience withdrawal or suffer from the birth defects and behavioral problems.|
Lysergic Acid Diethylamide (LSD)
Phencyclidine (PCP, Angel Dust)
Mescaline and Peyote (Mexc, Buttons, Cactus) confusion, paranoia, anxiety, unpleasant sensory
Amphetamine Variants (MDMA/Ectasy, MDA/Love drug, of the original drug experience without taking the
TMA DOM, DOB, PMA, STP, 2.5‑DMA
Phencyclidine Analogues (PCE, PCPy, TCP)
Other Hallucinogens: Bufotenine, lbogaine, DMT, DET Psilocybin
|Hallucinogens are psychedelic, mind-altering, drugs that affect a person’s perception, feelings, thinking, self- awareness, and emotions. A “bad trip” may result in the user experiencing panic, confusion, paranoia, anxiety, unpleasant sensory images, feelings, of helplessness, and a loss of control. A “flashback’ is a reoccurrence of the original drug experience without taking the drug again.||Dilated pupils; increased body temperature, heart rate and blood pressure; sweating, loss of appetite, sleeplessness; dry mouth; tremors; hallucinations; disorientation; confusion, paranoia; violence; euphoria; anxiety; and panic.||Agitation; extreme hyperactivity; psychosis; convulsions; mental or emotional problems; death.|
Amyl Nitrite (Poppers, Snappers)
Butyl Nitrite (Rush, Bolt Bullet)
Chlorohydrocarbons (Aerosol Sprays, Cleaning Fluids)
Hydrocarbons (Solvents, gasoline, Airplane Glue, Paint Thinner)
Nitrous Oxide (Laughing Gas, Whippets)
|Inhalants are substances that are breathed or inhaled through the nose. Inhalants are depressants and depress or slow down the body’s Functions. Inhalants are normally not thought of as drugs because they are often common household or industrial products. However, inhalants are often the most dangerous drugs per dose.||Euphoria and lightheadedness; excitability; loss of appetite; forgetfulness; weight loss; sneezing; coughing, nausea and vomiting; lack of coordination; bad breath; red eyes; sores on nose and mouth; delayed reflexes; decreased blood pressure; flushing (skin appears to be reddish); headache; dizziness; and violence.||Depression; damage to the nervous system and body tissues; damage to liver and brain; heart failure; respiratory arrest; suffocation; unconsciousness; seizures; heart failure; sudden sniffing death.|
Codeine (School Boy)
Heroin (H, Harry, Junk, Brown Sugar, Smack)
Morphine (Morpho, Miss Emma)
Opium (Dovers Powder)
Other Narcotics: Percodan, Talwin Lotomil, Carvon, Numporphan, Percocet, Tylox, Tussionex, Fentanyl
|Narcotics are composed of opiates and synthetic drugs. Opiates are derived from the seed pod of the Asian poppy. Synthetic drugs called popiods are chemically developed to produce the effects of opiates. Initially, narcotics stimulate the higher centers of the brain but then slow down the activity of the central nervous system. Narcotics relieve pain and induce sleep. Narcotics, such as Heroin, are often diluted with other substances (i.e. water, sugar) injected. Other Narcotics are extremely addictive. Users of narcotics develop a tolerance to the drugs, meaning larger doses must be taken each time to produce the same effect.||Euphoria; restlessness and lack of motivation; drowsiness; lethargy; decreased pulse rate; constricted pupils; flushing (skin appears reddish); constipation; nausea and vomiting; needle marks on extremities; skin abscesses at injection sites; shallow breathing; watery eyes; and itching||Pulmonary edema; respiratory arrest; convulsions; addiction; coma; death due to overdose. For users who share or use unsterile needles to inject narcotics: tetanus, hepatitis, AIDS. For pregnant women: premature births, stillbirth, and acute infections among newborns.|
|Anabolic-Androgenic (Roids Juice, D-Ball)||Steroids may contribute to increases in body weight and muscular strength. Anabolic – Androgenic steroids are chemically related to the male sex hormone testosterone. Anabolic means to build up the muscles and other tissues of the body. Androgenic refers to the development of male sex characteristics. Steroids are injected directly into the muscle or taken orally.||Sudden increase in muscle and weight; increase in aggression and combativeness; violence (“roid rage”); hallucinations; jaundice; purple or red spots on body, inside mouth or nose; swelling of feet or lower legs (edema); tremors; and bad breath. For women, breast reduction, enlarged clitoris, facial hair, and baldness, deepened voice. For men: enlarged nipples and breasts, testicle reduction, enlarged prostate, baldness.||Acne; high blood pressure; liver and kidney damage; heart disease; increased risk of injury to ligaments and tendons; bowel and urinary problems; gallstones and kidney stones; liver cancer. For women, menstrual problems. For men, impotence, and sterility. For users who share or use unsterile needles to inject steroids: hepatitis, tetanus, AIDS.|
Amphetamines (Uppers, Pep Pills)
Cocaine (Coke, Flake, Snow)
Methamphetamines (Ice, Crank, Crystal)
Phenmetrazine ( Preludin, Preludes)
Other Stimulants: Adpix, Cylert, Didres, Ionamin, Mefiat, Plegine, Sanorex, Tenuate, Tepanil, Prelu-2
|Stimulants stimulate the central nervous system, increasing alertness and activity. Users of stimulants develop a tolerance, meaning larger doses must be taken to get the same effect. Stimulants are psychologically addictive.||Increased alertness; excessive activity; agitation; euphoria; excitability; increased pulse rate, blood pressure and body t Increased alertness; excessive activity; agitation; euphoria; excitability; increased pulse rate, blood pressure & body temperature; insomnia, loss of appetite; sweating dry mouth and lips; bad breath; disorientation; apathy; hallucinations; irritability; & nervousness.||Headaches; depression; malnutrition; hypertension; psychosis; cardiac arrest; damage to the brain and lungs; convulsions; coma; death.|
CONTROLLED SUBSTANCES CRIME AND PENALTIES IN NEW YORK STATE
Class A-1 Felony: 15-25 years minimum; life term maximum
Possession: 4 oz. Narcotic Drugs (Opiates, Heroine, Morphine, Opium derivatives, codeine, coca leaves, cocaine, other drugs listed in Public Health Law 3306 Sch. 1 (b), (c); II (b) and (c) excluding Methadone); 5760 mg. Methadone.
Sale: 2 oz. Narcotic Drugs; 2880 mg. Methadone
Class A-II Felony: 3-8 H years minimum; life term maximum
Possession: 2 oz. Narcotic Drugs; 2880 mg. Methadone; 10 gm. Stimulants (Fenethylline, N-ethylamphetamine, Amphetamine, Methamphetamine [ 2 oz.]); 25 mg. LSD; 625 mg. Hallucinogens (DOM, STP,N- Methyl-3- Piperidyl Benzilate, Psilocybin, Psilocybin, Psilocyn, Tetrahydrocannabinols, Ethylamine analog of (PCP); 25 gm.
Hallucinogenic Substances ( DMA, PMA, DET, DMT, LSD, Marijuana, Mescaline Peyote).
Sale: ½ oz. Narcotic Drugs 360 mg. Methadone; 5 gm. Stimulants; ½ oz. Methamphetamine; 5 mg. LSD; 125 mg.
Hallucinogens; 5 gm. Hallucinogenic Substances.
Class B. Felony: 1-8 H years Minimum; 3-25 years maximum
Possession: ½ oz. Narcotic Drugs; 5 gm. Stimulants; ½ oz. Methamphetamine; 5 mg. LSD; 1250 mg.
Phencyclidine (PCP); 125 mg. Hallucinogens; 5 mg. Hallucinogenic Substances.
Sale: Any amount of Narcotic Drugs; any amount Narcotic Preparations; 1 gm. Stimulants; 1/8 oz. Methamphetamine; 1 mg. LSD; 250 mg. Phencyclidine (PCP); 25 mg. Hallucinogens; 1 gm. Hallucinogenic Substances.
Class C Felony: Maximum 15 years prison
Possession 1/8 oz. Narcotic drugs; 2 oz. Narcotic Preparations; 360mg. Methadone; 1 oz. Concentrated Cannabis; 1 gm. Stimulants; ½ oz. Methamphetamine; 1 mg. LSD; 250 mg. PCP; 25 mg. Hallucinogens; 1gm. Hallucinogenic Substances; 10oz. Dangerous Depressants (Methaqualone; Phencyclidine; Amobarbital, Glutethmide, Pentobarbital, Secobarbital, Barbital, Methoexital, Mephobarbital, Phenobarbital); 2 lb. Depressants (items in P.H.L. 3306* , Sch . IV [c] not listed above), 10 lbs. aggregate Marijuana.
Sale: Any amount Narcotic Preparations, Methadone, Concentrated Cannabis; ( to persons 19 yrs. on school ground, any amount Stimulants, Methamphetamines;, LSD, PCP, Hallucinogens, Hallucinogenic Substances, Dangerous Depressants, Depressants); 50mg. PCP, 10 oz. Dangerous Depressants; 2 lb. Depressants; more than 16 oz. Marijuana.
Class D Felony: Maximum 7 years prison
Possession: 500 mg. Cocaine, ½ oz. Narcotic Preparations; ¼ oz. or more Concentrated Cannabis; 50mg. PCP, 16 oz. aggregate Marijuana.
Sale: Any amount Stimulants; Methamphetamines; LSD; PCP; Hallucinogens; Hallucinogenic Substances; Dangerous Depressants; Depressants; more than 4 oz. of Marijuana; any amount to a person under 18 years old Marijuana.
Class E Felony: Maximum 4 years prison
Possession: 8 oz. aggregate** Marijuana.
Sale: 25 gm. Aggregate** Marijuana.
Class A Misdemeanor: Maximum 1-year prison or $1,000 fine
Possession: Any amount of Narcotic Drugs; narcotic preparations; Methadone; concentrated Cannabis; Stimulants; Methamphetamines; LSD; PCP; Hallucination; Hallucinogenic Substances; Dangerous Depressants; Depressants; Marijuana.
Class B Misdemeanor: Maximum 3 months prison or $500 fine
Possession: Any amount Marijuana exposed in a public place; 25 gm. Marijuana otherwise.
Sale: 2 gm. or 1 joint Marijuana.
*Public Health Law 3306- available from Public Safety
** Aggregate is the gross weight of material in which “pure” marijuana is contained.
CONTROLLED SUBSTANCES CRIMES AND PENALTIES UNDER FEDERAL LAW
Possession: 100 grams or more methamphetamine or kilogram or more methamphetamine mixture, 1 kilogram or more heroin mixture, 5 kilograms or more cocaine mixture, 50 grams or more crack mixture, 100 grams or more PCP or 1 kilogram or more PCP mixture, 10 grams of more LSD mixture, 400 grams or more Fentanyl mixture, 100 grams or more Fentanyl analogue mixture, 1000 or more marijuana plants.
First Offense: 0 to life, 10-year mandatory minimum; if death or serious injury, 20-year minimum; up to $4 million fine individual, $10 million other than individual.
Second Offense: 0 to life, 20 year mandatory minimum; if death or serious injury, not less than life; up to $8 million fine individual, $20 million other than the individual.
Possession: 10-99 grams methamphetamine or 100-999 grams methamphetamine mixture, 100-999 grams heroine mixture, 500-4999 grams cocaine mixture, 5-49 grams crack mixture, 10-99 grams PCP or 100-999 grams PCP mixture, 1-10 grams LSD mixture, 4-399 grams Fetanyl, 10-99 grams Fetanyl analogue, 100-1000 kilograms marijuana, 100-1000 marijuana plants.
First Offense: 0 to 40 years, 5 year mandatory minimum; if death or serious injury, 20 year minimum; up to $ 2 million fine individual, $ 5 million other than individual.
Second Offense: 0 to life, 10 year mandatory minimum; if death or serious injury, not less than life; up to $ 4 million fine individual, $ 10 million other than individual.
Possession: Any amount of other Schedule I and Schedule II Controlled Substances, 50-100 kilograms marijuana, 50-99 marijuana plants, 10-100 kilograms hashish, 1-100 kilograms hashish oil.
First Offense: 0 to 20 years; if death or serious injury, 20 year minimum, not more than life; up to $1 million fine individual, $ 5 million other than individual.
Second Offense: 0to 30 years; if death or serious injury, not less than life; up to $ 2 million fine individual, $ 10 million other than individual.
Possession: Any amount of Schedule IV Controlled Substances.
First Offense: 0 to 3 years; up to $ 250,000 fine individual, $ 1 million other than individual.
Second Offense: 0 to 6 years; up to $ 500,000 fine individual, $ 2 million other than individual.
Possession: Any amount of Schedule V Controlled Substances.
First Offense: 0 to 1 year; up to $ 100,000 fine individual, $ 250, 000 other than individual.
Second Offense: 0 to 2 years; up to $ 200, 000 fine individual, $ 500, 000 other than individual.
In addition to the above penalties for controlled substances crimes, Federal law provides for: (1) forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable b more than one year imprisonment; (2) forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance; (3) a civil fine of up to $10,000 (pending adoption of final regulations); (4) denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses; (5) ineligibility to receive or purchase a firearm; and (6) revocation of certain Federal benefits, e.g. pilot licenses, public housing tenancy, etc., as determined by individual Federal agencies.
APPENDIX B: BIAS CRIMES PREVENTION
Hate Crimes and the Law
It is a State University of New York at Oneonta Police mandate to protect all members of the Oneonta community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.
Hate crimes also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the University Police.
Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.
In addition to preventing and prosecuting hate/bias crimes, the State University of New York at Oneonta Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the Oneonta community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s Discrimination Complaint Procedure or the campus conduct code. Bias incidents can be reported to University Police as well as to Office of Human Resources, the Office of Multicultural Student Affairs, and/or the Office of Community Standards.
If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling 911 in an emergency, using a Blue Light or other campus emergency telephone or stopping by any of the office mentioned above. University Police will investigate and follow the appropriate adjudication procedures.
Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus by contacting the Counseling Center at 436-3368.
For general information on Oneonta State’s security procedures, or about bias-related and bias crimes, including up-to-date statistics on bias crimes visit www.oneonta.edu, or call the University Police department at 607.436.3550.
APPENDIX C: Board of Trustees SUNY Maintenance Of Public Order Statutory Authority Education Law 6450
Rules and Regulations for the Maintenance of Public order on Premises of State Operated Institutions of the State University of New York.
1.Statement of purpose.
The following rules are adopted in compliance with section 6450 of the Education Law and should be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within 10 days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution. Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance of order) is best suited to achieve these objectives. These rules shall not be construed to prevent or limit communication between and among faculty, students, and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent, but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom and they shall be interpreted and applied to that end.
2.Application of rules.
These rules shall apply to all State-operated institutions of the State University except as provided in Part 550 as applicable to the State University Maritime College. These rules may be supplemented by additional rules for the maintenance of public order heretofore or hereafter adopted for any individual institution, approved and adopted by the State University trustees and filed with the Commissioner of Education and Board of Regents, but only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of student, faculty and other, licensees, invitees and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities; provided, however, that charges against any student for violation of these rules on the premises of any such institution other than the one at which he/she is in attendance shall be heard and determined at the institution in which he/she is enrolled as a student.
3.Prohibited Conduct. No person, either singly or in concert with others, shall:
(a) willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act that he/she has a lawful right to do or to do any act that he/she has a lawful right not to do;
(b) physically restrain or detain any person, not remove such person, from any place where he/she is authorized to remain.
(c) willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization;
(d) without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
(e) enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
(f) without authorization, remain in any building or facility after it is normally closed;
(g) refuse to leave any building or facility after being required to do so by an authorized administrative officer;
(h) obstruct the free movement of persons and vehicles in any place to which these rules apply;
(i) deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers;
(j) knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun,
pistol, revolver or other firearm or weapon without the written authorization of the chief administrative officer, whether or not a license to possess the same has been issued to such person;
(k) willfully incite others to commit any of the acts herein prohibited with the specific intent to procure them to do so; or
(1) take any action, create or participate in the creation of, any situation that recklessly or intentionally endangers mental or physical health or that involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
4. Freedom of speech and assembly; picketing and demonstrations.
(a) No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his/her views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations, may not, however, engage in specific conduct in violation of the provisions of the preceding section.
(b) In order to afford maximum protection to the participants and to the institutional community, each State-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed locate and intended purpose, provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede or preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.
A person who shall violate any of the provisions of these rules (or the rules of any individual institution supplementing or implementing these rules) shall:
(a) if he/she is a licensee or invitee, have his/her authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his/her failure or refusal to do so, he/she shall be subject to ejection.
(b) if he/she is a trespasser or visitor without a specific license or invitation, be subject to ejection.
(c) if he/she is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.
(d) if he/she is a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
(e) if he/she is a staff member in the classified service of the civil service, described in section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
(f) if he/she is a staff member other than one described in subdivisions (d) and (e), be subject to dismissal, suspension without pay or censure.
(a) The chief administrative officer or his/her designee shall inform any licensee or invitee who shall violate any provisions of these rules (of the rules of any individual institution supplementing or implementing these rules) that his/her license or invitation is withdrawn and shall direct him/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property.
(b) In the case of any other violator, who is neither a student nor faculty or other staff member, the chief administrative officer or his/her designee shall inform him/her that he/she is not authorized to remain on the campus or other property of the institution and direct him/her to leave such premises. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such campus or property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his/her liability to prosecution for trespass or loitering as prescribed in the Penal Law.
(c) In the case of a student, charges for violation of any of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in section 535.9 of this Part.
(d) In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules (or the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with title D or Part 338 of the policies of the Board of Trustees.
(e) In the case of any staff member who holds a position in the classified civil service, described in section 75 of the Civil Service Law, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.
(f) Any other faculty or staff member who shall violate any provision of these rules (or the rules of any individual institution supplementing or implementing these rules) shall be dismissed, suspended or censured by the appointing authority prescribed in the policies of the Board of Trustees.
7. Enforcement Program.
(a) The chief administrative officer shall be responsible for the enforcement of these rules (or the rules of any individual institution supplementing or implementing these rules) and he/she shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
It is not intended by any provision herein to curtail the right of students, faculty or staff to be heard on any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issue that may be presented. In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or the rules of any individual institution supplementing or implementing these rules).
(c) In any case where violation of these rules (or the rules of any individual institution supplementing or implementing these rules) does not cease after such warning and in other cases of willful violation of such rules, the chief administrative officer or his/her designee shall cause the ejection of the violator from any premises that he/she occupies in such violation and shall initiate disciplinary action as hereinbefore provided.
(d) The chief administrative officer or his/her designee may apply to the public authorities for any aid that he/she deems necessary in causing the ejection of any violator of these rules (or the rules of any individual institution supplementing or implementing these rules) and he/she may request the State University counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.
8. Communication. In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students, and administration is highly desirable. To the extent, that time and circumstances permit, such communication should precede the exercise of the authority, discretion, and responsibilities granted and imposed in these rules. To these ends, each State-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communication.
9. Notice, hearing and determination of charges against students.*
(a) The term chief administrative officer, as used in these rules, shall be deemed to mean and include any person authorized to exercise the powers of the incumbent and for purposes of this section shall also include any designee appointed by said officer.
(b) Whenever a complaint is made to the chief administrative officer of any State-operated institution of the University of a violation by a student or students of the rules prescribed in this Part (or any rules adopted by an individual institution supplementing or implementing such rules) or whenever he/she has knowledge that such a violation may have occurred, if any, and of other persons having knowledge of the facts reduced to writing. If he/she is satisfied with such investigation and statements that there is reasonable ground to believe that there has been such a violation, he/she shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation, which shall state the provision prescribing the offense and shall specify the ultimate facts alleged to constitute such offense.
(c) Such charges shall be in writing and shall be served on the student or students named therein by delivering the same to him/her or them personally, if possible, or, if not, by mailing a copy of such charges by registered mail to such student or students at his/her or their usual place or places of abode will attending college and also to his/her or their home address or addresses, if different.
(d) The notice of charges so serviced shall fix a date for hearing thereon not less than 10 or more than 15 days from the date of service, which shall be the date of mailing where necessary to effect service by mail. Failure to appear in response to the charges on the date fixed for the hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate thereon. Before taking such action, the hearing committee, hereinafter referred to, shall give notice to any student who has failed to appear, in the manner prescribed in subdivision (c), of its proposed findings and recommendations to be submitted to the chief administrative officer and shall so submit such findings and recommendations 10 days thereafter unless the student has meanwhile shown good cause for his/her failure to appear, in which case a date for hearing shall be fixed.
(e) Upon demand at any time before or at the hearing, the student charged or his/her representative, duly designated, shall be furnished a copy of the statements taken by the chief administrative officer in relation to such charges and with the names of any other witnesses who will be produced at the hearing in support of the charges; provided, however, that this shall not preclude the testimony of witnesses who were unknown at the time of such demand.
(f) The chief administrative officer may, upon the services of charges, suspend the student named therein, pending the hearing and determination thereof whenever, in his/her judgment, the continued presence of such student would constitute a clear danger to himself/herself or to the safety of persons or property on the premises of the institution or would pose an immediate threat of disruptive interference with the normal conduct of the institution's activities and functions; provided, however, that the chief administrative officer shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.
(g) There shall be constituted at each State-operated institution, a hearing committee to hear charges against such students or violation of the rules for maintenance of public order prescribed by or referred to in this Part. Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the chief administrative officer, and three students who shall be designated by the members named by the chief administrative officer. Each such member shall serve until his/her successor or replacement has been designated. No member of the committee shall serve in any case in which he/she is a witness or is or has been directly involved in the events upon which the charges are based. In order to provide for cases where there may be such a disqualification and for cases of absence or disability, the chief administrative officer shall designate an alternate member of the administrative staff and an alternate member of the faculty, and his/her principal designees shall designate an alternate student member, to serve in such cases. Any five members of the committee may conduct hearings and make findings and recommendations as hereinafter provided. At any institution where the chief administrative officer determines that the number of hearings that will be required to be held is, or maybe, so great that they cannot otherwise be disposed of with reasonable speed, he/she may determine that the hearing committee shall consist of six members of the administrative staff and six members of the faculty to be designated by him/her and of six students who shall be designated by him/her. In such event, the chief administrative officer shall designate one of such members as chairperson who may divide the membership of the committee into three divisions, each to consist of two members of the administrative staff, two faculty members, and two students and may assign charges among such divisions for hearing. Any four members of each such division may conduct hearings and make recommendations as hereinafter provided.
(h) The hearing committee shall not be bound by the technical rules of evidence, but may hear or receive any testimony or evidence that is relevant and material to the issues presented by the charges and that will contribute to a full and fair consideration thereof and determination thereon. A student against whom the charges are made may appear by and with representatives of his/her choice. He/she may confront and examine witnesses against him/her and may produce witnesses and documentary evidence in his/her own behalf There may be present at the hearing: the student charged and his/her representatives and witnesses; other witnesses; representatives of the institutional administration; and, unless the student shall request a closed hearing, such other members of the institutional community or other persons, or both, as may be admitted by the hearing committee. A transcript of the proceedings shall be made.
(i) Within 20 days after the close of a hearing, the hearing committee shall submit a report of its findings of fact and recommendations for disposition of the charges to the chief administrative officer, together with a transcript of the proceedings, and shall at the same time transmit a copy of its report to the student concerned or his/her representative. Within 10 days thereafter, the chief administrative officer shall make his/her determination thereon. Final authority to dismiss the charges or to determine the guilt of those against whom they are made and to expel, suspend or otherwise discipline them, shall be vested in the chief administrative officer. If he/she shall reject the findings of the hearing committee in whole or in part, he/she shall make new findings that must be based on substantial evidence in the record and shall include them in the notice of his/her final determination, which shall be served upon the student or students with respect to whom it is made.
* Applies to charges for violation of the rules prescribed by or referred to in this Part heretofore served that have not been finally determined within 60 days after the adoption hereof, which charges shall be referred to the committee constituted pursuant to said section 535.9 for determination in accordance therewith and said section shall apply to all charges for violation of such rules hereafter made, whether for violations hereto/ore or hereafter committed.
10. Rules for organizations.
(a) Organizations. Organizations that operate on the campus of any State‑operated institution or on the property of any State‑operated institution used for educational purposes shall be prohibited from authorizing the conduct described in subdivision (1) of Section 535.3 of this Part.
(b) Procedure. The chief administrative officer of each State‑operated institution shall be responsible for the enforcement of this section, and, as used herein, the term chief administrative officer shall include any designee appointed by said officer.
(1) Whenever the chief administrative officer has determined on the basis of a complaint or personal knowledge that there is reasonable ground to believe that there has been a violation of this section by any organization, the chief administrative officer shall prepare or cause to be prepared written charges against the organization, which shall state the provision prescribing the conduct and shall specify the ultimate facts alleged to constitute such violation.
(2) Such written charges shall be served upon the principal officer of the organization by registered or certified mail, return receipt requested, to the organization's current address and shall be accompanied by a notice that the organization may respond in writing to the charges within 10 days of receipt of said notice. The notice of charge so served shall include a statement that the failure to submit a response within 10 days shall be deemed to be an admission of the facts stated in such charges and shall warrant the imposition of the penalty described in subdivision (c) of this section. The response shall be submitted to the chief administrative office and shall constitute the formal denial or affirmation of the ultimate facts alleged in the charge. The chief administrative officer may allow an extension of the 10 day response period.
(3) Upon written request by an authorized representative of the organization, the chief administrative officer shall provide the representative organization an opportunity for a hearing. A hearing panel designated by the chief administrative officer shall hear or receive any testimony or evidence that is relevant and material to the issues presented by the charge and that will contribute to a full and fair consideration thereof and determination thereon. The organization's representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The hearing panel shall submit written findings of fact and recommendations for disposition of the charge to the chief administrative officer within 20 days after the close of the hearing.
(4) Final authority to dismiss the charges or to make a final determination shall be vested in the chief administrative officer. Notice of the decisions shall be in writing; shall include the reasons supporting such decision, and shall be served on the principal officer of the organization by mal manner described in paragraph (2) of this subdivision within a reasonable time after such decision is made.
(c) Penalties. Any organization that authorized the prohibited conduct described in subdivision (1) of Section 535.3 of this Part shall be subject to the decision of permission to operate on the campus or on the property of the State‑operated institution used for educational purposes. The penalty provided in this subdivision shall be in addition to any penalty that 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 this Part.
(d) Bylaws. Section 64500) of the Education Law requires that the provisions of this Part that prohibit reckless or intentional endangerment to health or forced consumption of liquor 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 that operate on 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.
(e) Distribution. Copies of the provisions of this Part that prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in each State-operated institution.