Policies and Procedures
***NEW*** Student Code of Conduct
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Student Code of Conduct
Article I - Introduction
SUNY Geneseo is distinguished by one overriding purpose: to achieve excellence in higher education. The College realizes this through a spirit of cooperation and collaboration among all members of the community. In particular, Geneseo values:
Excellence, and upholds high standards for intellectual inquiry and scholarly achievement:
Innovation, and affirms a spirit of exploration that fosters continued excellence;
Community, and embraces the educational aspirations and interests that its members share;
Diversity, and respects the unique contributions of each individual to the campus community;
Integrity, and promotes the development of ethical citizens;
Service to Society, and models the qualities it seeks to develop in its students;
Tradition, and celebrates its long history of collaborative, learning-centered education.
Individual honesty and integrity, respect of oneself and others, concern for the physical well- being of oneself and others, and concern for the community are fundamental to the development of self-awareness and interpersonal competence that characterizes a liberally educated person.
SUNY Geneseo has formulated a student code of conduct on behavioral standards and expectations, which is consistent with its mission as an educational institution. These regulations and the procedures for their enforcement described herein apply to all student conduct and behavior.
The specific regulations described below should not be viewed as a comprehensive code of desirable conduct; rather they describe the minimum standards of behavior expected of Geneseo students in order to facilitate the fulfillment of the basic mission of the values of the college.
This student code of conduct is based on the principle that each student must accept responsibility for his or her own behavior.
SUNY Geneseo publishes and makes available to all students its regulations and its procedures for enforcing them (via this document and on the internet). Students are expected to become familiar with the regulations of SUNY Geneseo and act to accordingly.
Article II - Definitions
When used in this Student Code of Conduct:
1. The terms "College," "institution," and "SUNY Geneseo" mean the State University of New York College at Geneseo.
2. The term "student" includes all persons taking a course or courses at SUNY Geneseo, either full- or part-time, pursuing undergraduate or graduate studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with SUNY Geneseo or who have been notified of their acceptance for admission are considered “students”, as are persons who are living in SUNY Geneseo residence halls, although not enrolled. This Student Code of Conduct applies to all locations of the college.
3. The term "faculty member" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
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, administrative staff, or person employed by the College. The Dean of Students shall determine a person’s status in a particular incident.
6. The term “College premises” includes all land, buildings, facilities, and other property in possession of or owned, used, or controlled by the College as well as including adjacent streets and sidewalks.
7. The term “organization” means any organization officially sponsored or recognized by the College.
8. The term "Student Conduct Board Committee" means a body of at least fifteen (15) members from which Student Conduct Board members are chosen. The President of the College appoints the members with the recommendation from the Dean of Students or his/her designee. The pool of Student Conduct Board Committee consists of at least five (5) faculty members, five (5) administrative staff members and five (5) student members. Appointments are for the period of one year.
9. The term "Student Conduct Board" means a group of three (3) voting members (1 administrative staff, 1 faculty, and 1 student) drawn from the Student Conduct Board Committee by the Dean of Students or his/her designee to hear a case of alleged student misconduct. The Dean of Students or her/his designee serves as a nonvoting chairperson and procedural officer. The Student Conduct Board is charged with determining whether a student has violated the Student Code of Conduct and to levy sanctions when a rules violation has been committed.
10. The term "presenter" means a College faculty member or College official appointed by the Dean of Students or her/his designee to present College misconduct cases to the Student Conduct Board. The presenter does not represent any one party involved but rather offers the basic information on the case at hand. This may be the non-voting member and procedural officer.
11. The term "Student Conduct Advisor" means a College faculty or administrative staff who assists the accused student or complainant in a Student Conduct Board review. The Dean of Students or his/her designee maintains the list of available Student Conduct Advisors. The conduct advisor may accompany the accused student to any Board review or pre-review meeting. The conduct advisor is chosen by the accused or complainant and may address the Student Conduct Board within a limited focus as determined by the presenter.
12. The term "Student Conduct Administrator" means a College official authorized by the Dean of Students or his/her designee on a case-by-case basis to determine whether students have violated the Student Code of Conduct and to impose sanctions upon students found to have violated the Student Code of Conduct.
13. The term “Appellate Administrator” means any person or persons authorized by the Dean of Students or his/her designee to consider an appeal from a Student Conduct Board’s determination and/or sanctions or from the determination the sanction(s) imposed by a Student Conduct Administrator.
14. The Dean of Students is the person designated by the College President to be responsible for the administration of the Student Code of Conduct.
15. The term “policy” means the written regulations of the College as found in, but not limited to, the Student Code of Conduct, Residence Life License, the Geneseo Handbook Update, and the Graduate/Undergraduate Bulletin.
16. The term “cheating” includes, but is not limited to: 1) use of any unauthorized assistance in taking quizzes, tests, or examinations; 2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying-out other assignments; 3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty and/or administrative staff; and/or engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
17. 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 intentional use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
18. The term “hazing” is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group, team or organization.
19. The term “complainant” means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that he/she has been a victim of another student’s misconduct, the student who believes he/she has been a victim will have the same rights under this Student Code of Conduct as are provided to the complainant, even if another member of the College community submitted the charge.
20. The term “accused student” means any student accused of violating this Student Code of Conduct.
Article III – Student Conduct Authority
1. The Dean of Students or his/her designee shall determine the composition of the Student Conduct Boards and Appellate Administrator and determine which Student Conduct Board, Student Conduct Administrator and Appellate Administrator shall be authorized to hear each matter.
2. The Dean of Students or his/her designee shall develop policies for the administration of the student conduct system and procedural rules for the conduct of the Student Conduct Board reviews that are consistent with provisions of the student Code of Conduct. The Dean of Students or his/her designee is further authorized to modify those polices and procedural rules as long as the modifications are consistent with provisions of the Student Code of Conduct.
3. Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the outlined appeal process.
Article IV - Proscribed Conduct
A. Jurisdiction of the Student Code of Conduct
The SUNY Geneseo Student Code of Conduct shall apply to conduct that occurs on College premises; at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if the conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from the College while a disciplinary matter is pending. The Dean of Students or his/her designee shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, in his/her sole discretion applying the standard articulated above.
B. General Conduct Rules and Regulations
The following is a list of examples of the types of behaviors that are antithetical to the values Geneseo has identified as essential elements of excellence in higher education. It is published to provide fair notice of the types of conduct that may result in disciplinary action. This list is not all-inclusive.
1. Physical abuse or verbal abuse resulting in intimidation, harassment or coercion of another person or group of persons including acts such as killing, assaulting, battering, stalking, sexually assaulting, or sexually harassing another person or any other conduct which directly threatens or endangers the health and safety of any person.
2. Deliberate or reckless endangerment, to self or others; tampering with safety alarms or equipment; setting unauthorized fires; violation of specific safety regulations; failure to render reasonable cooperation in any emergency.
3. Possession, use, or storing on campus of firearms (including but not limited to compressed air guns, air soft guns, pellet, or BB guns), dangerous weapons, dangerous chemicals, martial arts weapons, explosive devices of any description, knives (excluding standard kitchen knives or folding pocket knives), or fireworks.
4. Obstruction or disruption of regular College activities, including teaching, research, administration, campus services, student conduct proceedings, and organized events; interference with the free speech and movement of members of the College Community; refusal to identify oneself when requested or to obey any other lawful instruction from a College official or faculty member to discontinue or modify any action which is deemed disruptive.
5. Dishonesty, including (but not limited to) provision of false information, alteration or misuse of documents, records, or instruments of identification, plagiarism, cheating or other forms of academic dishonesty, impersonation, misrepresentation, or fraud. Causing, making, or circulating a false report or warning of a fire, explosion, crime or other catastrophe.
6. Obscene behavior, offenses against public order, public sensibilities and the right to privacy, which include but is not limited to disorderly conduct, harassment, criminal nuisance and public lewdness.
7. Damage, abuse, or unauthorized use, or attempted or actual theft of personal, public, or College property, unauthorized entrance to college facilities, possession of stolen property, and littering.
8. Illegal use, sale, distribution, manufacturing, or possession of alcohol, intoxicants, or drugs (including but not limited to controlled substances and prescription medication). Participation of a student in any incident, accident, or personal injury that is related to the use by that student of alcohol, intoxicants, or drugs.
9. Use or possession of open containers of alcoholic beverages on campus, other than at approved locations and events or in accordance with the SUNY Geneseo Policy on Alcohol and Illicit Drugs is prohibited. Containers of alcoholic beverages found on campus, which are not in compliance with approved college policies, will be confiscated and/or destroyed by a University Police officer.
10. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission to, affiliation with, or as a condition for continued membership in, any group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts, they are violations of this rule.
11. Gambling on-campus or at College sponsored student activities.
12. Theft or abuse of computer resources, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual's identification and password.
d. Use of computing facilities to interfere with the work of another student, faculty member or College official.
e. Use of computing facilities to send obscene or harassing messages.
f. Use of computing facilities to interfere with normal operation of the College's computing system.
g. Illegal use including but not limited to downloading or use of file sharing programs with regard to copyrighted materials.
h. Any other violation of the College’s computer use policy.
13. Any unauthorized use of electronic or other device to surreptitiously make an audio, video, photographic, web cast or digital record of any person while on College property without prior knowledge or without effective consent, except as permitted by law, when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a location that violates the standard of reasonable expectation of privacy.
14. Failure to comply with the lawful directions of any college official, staff member, or student employee who is acting in performance of duties of position, and/or failure to identify oneself to these persons when requested to do so. Emergency orders may supersede some written regulations. Students who receive directives which they consider unreasonable, although not illegal, must obey them at the time and may bring a formal complaint against the issuing staff members by writing to the Vice President for Student and Campus Life.
15. Abuse of the conduct system, including but not limited to:
a. Failure to obey the summons of a conduct body or College official.
b. Falsification, distortion, or misrepresentation of information before a conduct body.
c. Disruption or interference with the orderly proceedings of a student conduct proceeding.
d. Institution of a conduct proceeding knowingly without cause.
e. Attempting to discourage an individual's proper participation in, or use of, the conduct system.
f. Attempting to influence the impartiality of a member of a conduct body prior to, and/or during the course of, the conduct proceeding.
g. Harassment (verbal or physical) and/or intimidation of a member of a conduct body, witness, or complainant prior to, during and/or after a conduct proceeding.
h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
i. Influencing or attempting to influence another person to commit an abuse of the student conduct system.
16. Violating any local, state or federal law if such action has serious impact on the College community.
17. Violating any College policy, rule or regulation published in hard copy or available electronically on the College website.
18. Deliberate incitement of others to commit any of the acts prohibited above; involvement as an accessory to any of the prohibited acts by providing assistance or encouragement to others engaged in them or by failure to separate oneself clearly from another individual or a group in which others are so engaged when there is sufficient time and opportunity to do so.
C. Violation of Law and College Policies
Geneseo conduct proceedings may be instituted against a student charged with violation of a law, which is also a violation of the Student Code of Conduct. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Dean of Students or his/her designee.
Geneseo students, as members of the College community are expected to act with respect for the safety, personal rights and property of individuals and groups outside the College, as well as respect the proper authority of local, state, and federal officers and officials. Please note that off campus conduct is specifically covered by this code. It is covered if it is of a serious nature affecting the interests of the College community and violates College standards of conduct as set forth herein. Loss of privileges, specified conduct requirements, or separation from the College may be imposed on any student whose conduct on or off campus adversely affects the academic community, particularly as it shows failure to accept responsibility for the welfare of other persons.
A College conduct proceeding is not a trial; any attempt to make it similar would seriously impair its educational function, which requires open discussion rather than adversarial debate. The College is committed to providing due process to all students involved in the College conduct proceedings.
Article V – Conduct Procedures
1. Any member of the College community may file a complaint against any student for misconduct. A complaint shall be prepared in writing and directed to the Dean of Students or his/her designee. Any complaint should be submitted as soon as possible and no later than six months after the event takes place. The Dean of Students may waive the six-month limitation when a late submission is reasonable.
2. The Dean of Students or his/her designee may conduct an investigation to determine if the charges have merit and/or they can be disposed of administratively by mutual consent of all parties involved, including the Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings.
3. The Dean of Students or his/her designee will review the results of the investigation to determine the severity of the charges. A case will then be designated as Level I or Level II based on the severity of the charges and/or conduct history. Level I cases are those in which the resultant action is expected to be less than suspension and are adjudicated by a Student Conduct Administrator. Level II cases are more severe cases where suspension or dismissal from the College is a possible outcome. A Student Conduct Board hears Level II cases.
4. All charges shall be presented to the accused student in written form within five (5) business days of receipt of a written complaint. The written charges will outline the specific rule(s), regulation(s), or law(s) violated. Written notice also includes a brief description of the incident and, when possible, the date, time, and location where the alleged infraction occurred, and direct students to a copy of the Conduct Procedures. Maximum time limits for notification may be extended at the discretion of the Dean of Students. For Level I cases, a review shall be scheduled in not fewer than 24 hours and not more than ten (10) business days after the student has been notified. For Level II cases, a review shall be scheduled in not fewer than five (5) business days and not more than ten (10) business days after the student has been notified. Maximum time limits for scheduling of a review may be extended at the discretion of the Dean of Students.
5. In Level II cases, the accused student is given the opportunity to meet with the Dean of Students or his/her designee prior to the convening of the Student Conduct Board to discuss the board procedures.
6. The College allows students accused of violating the Student Code of Conduct to have the benefit of counsel or a conduct advisor at all Level II conduct proceedings and in those cases where a student is facing coexistent criminal and intramural charges stemming from the same incident. Counsel or the conduct advisor's role shall be passive and it is limited to advising the student as to whether the student should or should not answer questions. Counsel or the conduct advisor is not allowed to question members of the conduct board or witnesses, or conduct a traditional defense. Should counsel or the conduct advisor attempt to participate beyond this defined role, the chairperson and procedural officer may disqualify counsel or the conduct advisor from further participation in the proceeding and direct his/her removal from the room.
7. Conduct proceedings shall be conducted by a conduct body according to the following guidelines:
a. Proceedings shall be conducted in private.
b. In Level I proceedings, persons in attendance shall be limited to the accused student and the conduct administrator.
c. In Level II proceedings, persons in attendance shall be limited to: the accused student, the conduct board, witnesses (for the duration of their statement), and counsel and/or the conduct advisor as described above. In Level II cases only, participants may also include the complainant (or a representative of the College if the College is the complainant), and counsel or conduct advisor of both the accused student and the complainant.
d. The complainant and the accused shall have the privilege of presenting witnesses, subject to the right of questioning by the conduct board and the accused. Any question asked by the accused to a witness or the complaint must be directed to the chairperson of the Conduct Board, who will then ask the question. This method is used to preserve the educational tone of the review and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
e. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a conduct board at the discretion of the chairperson or conduct administrator.
f. All procedural questions are subject to the final decision of the chairperson of the conduct board or the conduct administrator.
g. At the conclusion of the review, the conduct board or conduct administrator shall determine (by majority vote if the conduct body consists of more than one person) whether the student has violated each section of the Student Code of Conduct, which the student is charged with violating.
h. The conduct body's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct (preponderance of evidence).
i. In cases involving more than one student, the conduct body will hear each case separately. For issues of group misconduct refer to the procedures outlined in “Conduct Procedures for Recognized Student Groups.”
j. A member of a conduct body who is unable to be impartial shall disqualify him/herself. If the accused student challenges the impartiality of a conduct board member, a final determination as to the ability to serve on the conduct board will be made by the Dean of Students or his/her designee.
8. There shall be a single verbatim recording made of all Level II (Student Conduct Board) proceedings. Deliberations shall not be recorded. This recording shall be the property of the College.
9. If an accused student, with notice, does not appear before a Student Conduct Board, the information in support of the charges shall be presented and considered even if the accused student is not present. No student may be found to have violated the Student Code of Conduct solely because the student failed to appear before a conduct body.
10. The Student Conduct Board, for good cause, may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the review by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videotape, written statement, or other means, where and as determined by the Dean of Students or his/her designee.
11. A student charged with any violation of this Student Code of Conduct may choose to waive, in writing, any of the rights and/or procedures provided to him/her under the Student Code of Conduct. When a student waives his or her right to a conduct procedure, the conduct body will be convened to review the case and determine appropriate sanctions. The decisions of the body will be binding, pending the normal appeal process.
Article VI - Sanctions
The following sanctions (multiple sanctions may be utilized for a single violation) may be imposed upon any student found to have violated the Student Code of Conduct. A student's past conduct record shall be considered in the determination of appropriate sanctions. The following is not an exhaustive list of sanctions.
• Written Warning - A notice in writing to the student that the student is violating or has violated College regulations and is cautioned that there will be further consequences if the Code of Conduct is violated again.
• Conduct Probation - A written reprimand for violation of specified College regulations in effect for a designed period of time, during which there is a probability of a more severe conduct sanction if there is any further violation of the Code of Conduct. Maximum term of Conduct Probation is one academic year (posted to end of semester of the term of the probation – i.e. December 31 or May 31).
• Deferred Suspension – A period of time of observation in which a suspension is placed on hold. During this time the student remains enrolled with the understanding that any subsequent violation of the Student Code of Conduct could result in suspension or dismissal. Deferred Suspension is imposed for a specific period of time (no more than one academic year (posted to end of semester of the term of the suspension – i.e. December 31 or May 31)).
• College Suspension - Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. The maximum term, which may be imposed (per adjudication), is one (1) calendar year (posted to end of semester of the term of the suspension – i.e.: December 31 or May 31).
The following actions may be applied in conjunction with Conduct Probation, Deferred Suspension and Suspension:
• Loss of Privileges - Denial of specified privileges for a designated period of time.
• Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Discretionary Sanctions - Work assignments, service to the College or other related discretionary assignments.
• Deferred Removal from College Residence Halls - Notice to a student that if there is subsequent violation of the Student Code of Conduct, the privilege of living in College residence halls will be terminated immediately with no refund.
• Residence Hall Suspension - Separation of the student from the residence halls for definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. No refund of housing charges.
• Residence Hall Dismissal - Permanent separation of the student from College residence halls. No refund of housing charges.
• Withholding a degree – Geneseo may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of any sanction imposed.
• Revocation of admission or degree – Admission to Geneseo or a degree awarded from Geneseo may be revoked for fraud, misrepresentation, or other violation of Geneseo standards in obtaining the degree, or for other major violations committed by a student prior to graduation. The revocation of a Geneseo degree must be implemented by the SUNY Board of Trustees.
• Conditional Discharge - Dismissal of charges on conditions established by a conduct board or conduct administrator.
• College Dismissal (expulsion) - Permanent separation of the student from the College.
Other than dismissal, revocation or withholding of a degree, or hazing or other serious violations which lead to the death or serious physical injury of another student (as defined previously), conduct sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student conduct record maintained by the Dean of Students Office. For students found responsible for hazing or other serious violations, which lead to the death or serious physical injury of another person, and result in a student's suspension or dismissal, a permanent notation will be made on the student's academic transcript. Further, students found responsible for such violations shall not receive credit for the semester in which the suspension or dismissal occurred, and will be liable for all tuition and fees for that semester.
Article VII - Interim Suspension
In certain circumstances, the President or his/her designee may impose a College or residence hall suspension prior to the review before the Student Conduct Board.
1. Interim suspension may be imposed only:
a. to ensure the safety and well being of members of the College community;
b. to ensure the student's own physical or emotional safety and well-being; or
c. if the student poses a definite direct threat of disruption of, or interference with, the normal operations of the College.
By direct threat it is meant that, in the view of the College, there is a high probability of substantial harm.
2. During the interim suspension, the student shall be denied access to the residence halls and/or to College premises (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the College official effecting the suspension may determine to be appropriate.
If suspended in this manner, the student is entitled to an interview with the Vice President for Student and Campus Life or his/her designee, within five (5) business days from the effective date of the interim suspension in order to discuss the following issues only:
a. the reliability of the information concerning the student's conduct, including the matter of his or her identity; and
b. whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the College campus poses a substantial threat to him or herself or to others or the stability and continuance of normal College functions; and
c. to outline the process through which the student’s actions will be adjudicated through the Student Conduct Process or to establish the conditions under which a student may return to campus.
Article VIII - Notification of Parents
The College is committed to a goal of student maturity and self-direction. The College also recognizes that some students have developed these qualities to a greater extent than others. In some cases, where a student has shown a pattern of irresponsible behavior and has not responded to College assistance or resources, parents may be notified. When a student is suspended, parents may be notified in order to provide parental assistance. All parental notification shall comply with the provisions of the Family Educational Rights and Privacy Act. Students are urged to discuss all conduct violations with their parents or guardians.
Article IX - Release of Information
Student conduct information is considered confidential and is governed by the College Records Policy. When the news media or others seek information about conduct action, the policy employed to protect individual privacy is as follows:
1. To the question of whether a particular form of misconduct has occurred, the College will reply to the effect that such an incident of misconduct either was or was not reported (not proven).
2. To the question of whether a particular student was reportedly involved in misconduct, the College will not reply without the student's permission, unless the student has made a verified public statement on the matter.
3. To the question of whether action has been taken, the College will reply to the effect that a student conduct review has been or will be or will not be held, without comment on the result of that review.
4. To the question of whether a specified action resulted from the review, the College may respond to the effect that it did or did not result, but only if the news medium proves that the student in violation stated that such an action was taken.
5. In the event that the student's public statement about student conduct action is incorrect or incomplete, the College may give any details considered necessary for an accurate report without compromising other students’ privacy rights.
Article X - Appeals
A decision or sanction reached by the Student Conduct Board or a conduct administrator may be appealed. A student’s written appeal must be received in the Dean of Students Office within five (5) business days of receipt of written notification of the decision. Such written appeals shall be delivered in person or via US Mail. Appeals will not be accepted by email.
In cases where the Dean of Students is the conduct administrator, is unable to hear the appeal, or the Student Conduct Board reached the decision the Vice President for Student and Campus Life or his/her designee will hear the appeal. When a student appeals a conduct decision, any action based on that decision shall be suspended until the appeal process is completed.
Written petitions of appeal must be based upon the circumstances listed below. The decision of the appellate administrator is final and binding.
In cases involving appeals by students violating the Student Code of Conduct, review of the sanction by the Appellate Administrator may not result in more severe sanction(s) for the accused student. Instead, following an appeal, the Appellate Administrator may, upon review of the case, reduce, but not increase, the sanctions imposed by the Conduct Administrator or Student conduct Board. The Appellate Administrator may also remand the case for a new review.
Except as required to explain new evidence, an appeal shall be limited to review of the verbatim record of the initial review (in Level II cases – Student Conduct Board) and supporting documents for one or more of the following purposes:
1. Incorrect conclusion as to the extent of wrongdoing.
2. Failure of a conduct board/administrative officer to follow College procedural policy.
3. Extremely and unfairly punitive sanction(s). (In this case, it is necessary to distinguish between severe action, which does not constitute grounds for appeal, and extremely punitive action, i.e., out of all proportion to the misconduct, which occurred.)
4. An appeal may be based on the unfairness of the rule, which was violated, in which case a decision on the appeal is made after the rule itself is reviewed by appropriate College personnel.
5. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because the person appealing did not know such evidence and/or facts at the time of the original hearing.
Article XI - Interpretation and Revision
A question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Students or his/her designee for final determination. The Student Code of Conduct shall be reviewed every two years under the direction of the Dean of Students.
Article XII - Authorization
The Education Law of the State of New York (Section 356) establishes College Council for each unit of the State University of New York with the power to make regulations governing the behavior and conduct of students at each respective campus. This Student Code of Conduct has been reviewed and approved by the College Council of SUNY Geneseo.
Article XIII – Public Order
In addition to the Student Code of Conduct, there is a separate set of conduct regulations entitled the Rules for the Maintenance of Public Order on College Campuses. These rules are implemented in compliance with section 6430 of the Education Law and comprise Part 535 of Title 8 of NYCRR. The College reserves the right to decide on which set of conduct regulations to use in reviewing an allegation of violation.
Vice Presidential approval: May 2009
Cabinet approval: June 9, 2009
SUNY legal counsel approval: August 6, 2009
College Council Approval: October 16, 2009
Academic Dishonesty Policy and Procedures
Academic dishonesty includes cheating, knowingly providing false information, plagiarizing, and any other form of academic misrepresentation. Should incidents of academic dishonesty occur, the following procedures will be followed:
I. A faculty member suspecting dishonesty will confer with the student so accused, within a reasonable time after the alleged offense has been discovered.
A. If the student denies responsibility and the faculty member is convinced that the student is not responsible, the matter is dropped.
B. If the faculty member is convinced that the apparently unethical behavior was unintentional, the faculty member will help the student understand what was done wrong and how to avoid doing so in the future. Unintentional violations should be reported by the faculty member in accordance with Section III below.
C. If the student admits the act of dishonesty, the penalty will be an “E” on that assignment/test, a final grade of “E” for the course, or other appropriate penalty as determined by the faculty member depending on the severity of the infraction and the significance of the assignment. When an “E” is levied on an individual assignment/test, the faculty member may require the student to complete additional work in order to continue in the course. Violations should be reported by the faculty member in accordance with Section III below. If the faculty member believes that the dishonesty is severe enough to warrant suspension or dismissal from the College, he or she should refer the case to the College Conduct Board.
If the student wishes to appeal the severity of the grade assigned by the faculty member, the student will follow the procedures stated in the College academic policy for appeal of grades.
D. If the student denies responsibility and the faculty member is not convinced that the student is not responsible, the case is referred, with supporting documentation, to the College Conduct Board for action. The faculty member will delay assigning a grade for the course or the assignment until the College Conduct Board makes a determination of responsibility or no responsibility and takes appropriate College conduct action. Appeal of the conduct action is explained in the College Conduct Procedures. The faculty member will assign a grade after considering the findings of the Board.
If the student wishes to appeal the severity of the grade assigned by the faculty member, the student will follow the procedures stated in the College academic policy for appeal of grades.
E. A student suspected of academic dishonesty may not withdraw from the course until the charges have been resolved. A student who receives an “E” in the course for academic dishonesty cannot obtain a “W” for that course.
II. The College Conduct Board will be convened to hear cases of academic dishonesty when any of the following occurs:
A. The student denies responsibility and the faculty member is not convinced that the student is not responsible.
B. The faculty member is not convinced that the admitted violation was unintentional.
C. The faculty member believes that the violation is severe enough to warrant suspension or dismissal from the College.
D. The student has been involved in a previously documented incident of academic dishonesty.
III. Whenever academic dishonesty occurs, a faculty member will provide the department chairperson, the dean of the college, and the student with a written report of the violation, any penalty imposed and the counseling provided by the faculty member. In order to insure that a pattern of misconduct is not established, the Dean of the College will notify the Dean of Students who will place a copy of the faculty member’s statement in the academic dishonesty file in the Dean of Students Office. This statement will be destroyed no later than three months after the student’s graduation. Decisions of the College Conduct Board will be placed in the student’s personnel file. Materials placed in the academic dishonesty file may not be released to outside agencies. Contents of the student’s personnel file may be released only as stipulated in the College Records Policy.
IV. If a student witnesses an act of academic dishonesty, she or he should report it to the faculty member of the course involved. That faculty member will handle the matter according to the steps as outlined above.
V. For the purpose of this policy, plagiarism shall be considered to be deliberate representation of someone else’s words or ideas as one’s own or the deliberate arrangement of someone else’s material(s) as one’s own.
Any one of the following constitutes plagiarism:
A. Direct quotation without appropriate punctuation and citation of source.
B. Paraphrase of expression or thought without proper attribution.
C. Dependence upon a source for a plan, organization or argument without appropriate citation.
(See Academic Dishonesty Flow Chart in Appendix A.)
Campus Administrative Rules for Students
In order to be eligible for admission and readmission, and to be considered a student in good standing, each student must do the following:
- Provide the College, through the Office of Records and Scheduling, with current local and home addresses and telephone numbers, and respond promptly to all official requests for information or appointments.
- Check their Geneseo email account and College mailbox in the MacVittie College Union on a regular basis as official College communication may take place via these addresses.
- Obtain a College identification card that is to be presented upon request to any member of the faculty or staff.
- Notify the Director of Records of name changes and change in other contact information in a timely fashion.
- Comply with official requests of College faculty and staff members, including authorized student employees; obey regulations governing the use of campus facilities, including residence halls, and assure that guests do the same.
- Pay on time all fees, penalties, and other debts owed to the College; and return library materials or other borrowed College property when due and upon request.
- Be present on campus when necessary (e.g., required meetings, registration, examinations) to show an unconditional intention of doing academic work and pursuing a degree; and notify the secretary to the Dean of Students of any planned absence during class sessions which is to last more than one week, in order to make clear that permanent withdrawal is not intended.
- Maintain the level of physical and emotional health necessary for the completion of academic work and for living in the college community that does not, in the judgment of appropriate clinical and administrative officials, present a pronounced risk to the student's own health or the welfare of others.
- Complete the formal withdrawal procedure upon leaving the College, unless dismissed, graduated, or granted a waiver due to inability to be present on campus.
- Register any car driven regularly on campus and obey all vehicle regulations.
Supervisors of various campus facilities (e.g., dining hall, gymnasium, game room) are authorized to suspend usage privileges of students who violate rules or direct instructions from College officials. Each loss of privilege is reported to the Dean of Students, to whom it may be appealed, and the supervisor is expected to offer an interview regarding reasons at the time a restriction is applied.
A student may act as an official representative of the College or University only with authority from the President or a Vice President. College endorsements of private endeavors may not be implied.
No student may represent a commercial enterprise, advertise or conduct business, or attempt profitable fund-raising or sales of any type on campus except as part of an approved student organization activity. (Exception: Students may charge for typing, tutoring, and similar educational services rendered solely by themselves as individuals.) Student organizations may not sell, advertise, or raise funds in any way on or off campus without written permission from the Director of College Union and Activities or designee. Nonprofit political and charitable fund-raising must be similarly approved.
Administrative separation from the College may occur, for example, for violating any of the above regulations. Procedure for an administrative separation includes the opportunity for a hearing before the Dean of Students and an appeal to the Vice President for Student and Campus Life. Short of release, failure to meet financial or administrative obligations to the College may result in withholding an academic transcript and the credits recorded thereon, or withholding the privilege of registration for a subsequent term, or both. Students released for administrative reasons will be recommended for readmission at the discretion of the Dean of Students, pending completion of stipulated requirements detailed in the student's administrative release letter.
SUNY Geneseo Policy on Alcohol and Illicit Drugs
The College is committed to providing an environment that is supportive of the academic mission of the institution. Students are considered adults who are responsible for conducting themselves in accordance with state and local law and with the College’s policy on alcohol and illicit drugs. The College respects students’ privacy and autonomy and assumes that their behavior will be both legal and responsible.
Students are expected to accept responsibility for the welfare of themselves and to avoid infringing upon the rights of other members of the College community. When violations of law or policy come to the attention of College officials, appropriate sanctions will be imposed and repeat violations will be dealt with severely. A fundamental kind of misconduct that may lead to conduct action is the illegal use, sale, or possession of stimulants, intoxicants, or other illicit drugs, and/or the participation of a student or campus visitor in an incident, accident or personal injury that is related to the use by that student or visitor of any stimulant, intoxicant, or other illicit drug.
Loss of privileges, specified conduct requirements, or separation from the College may be imposed on any student or visitor whose conduct adversely affects the academic community. The behavior of a visitor may result in sanctions placed on both the visitor and student host. Policy violations will be addressed through the College’s conduct system and/or University Police.
Regulations Specific to Alcohol
Possession and Consumption of Alcoholic Beverages for Persons under Age 21
Alcoholic beverages may not be provided to anyone under 21 years of age in accordance with New York State Law.
1. Possession and consumption of alcoholic beverages by persons under the age of 21 is prohibited on the Geneseo Campus.
Possession and Consumption of Alcoholic Beverages for Persons 21 Years of Age and Over
Persons 21 years of age and over may possess alcoholic beverages in their own residence hall rooms or in the rooms of other residents who are at least 21 years of age.
1. Persons 21 years of age and over may possess/consume alcoholic beverages only in their own residence hall rooms, in the rooms of other residents who are at least 21 years of age, or at events where alcohol is serviced/catered by CAS (Campus Auxiliary Services, Inc.), in accordance with New York State Law and College Policy.
2. In the residence halls, alcoholic beverages are prohibited in main lounges, recreation rooms, floor lounges, hall corridors, laundry rooms, and any other area that is not a private student room.
3. Since alcoholic beverages are approved only for private, individual consumption by those 21 years of age and over, beer balls, kegs, or other large quantity containers are prohibited on campus (unless at an event where alcohol is serviced/catered by CAS). University Police may confiscate the foregoing items (empty or full) and accessories (e.g., taps--if they are being used) for disposal, return, and/or removal off-campus. As a health and safety consideration, the Vice President for Student and Campus Life reserves the right to ban beer bottles from campus.
4. The College does not sponsor nor approve any residence hall function where alcohol is served or consumed.
5. As a health and safety consideration, returnable cans or bottles should be redeemed immediately and should not be stored in a residence hall room, a closet, or under a bed, etc. If conditions warrant, residents will be required to remove offensive materials.
6. Organizations are discouraged from planning events that have as their primary focus the serving/sale of alcoholic beverages.
7. Drinking games or contests that involve alcohol consumption are prohibited.
8. Advertising on campus of events or activities which promote use of alcoholic beverages and/or illicit drugs is prohibited.
9. The possession and/or consumption of alcoholic beverages by participants in or spectators at any intercollegiate, intramural, or club sport event is expressly prohibited.
1. Each student is responsible for his/her own conduct and the conduct of his/her invited visitor(s). Individuals and groups may be held liable in campus conduct action in addition to civil and/or criminal proceedings for incidents related to the service/use of alcohol.
2. Improper conduct in violation of the “Student Code of Conduct” will be addressed by the College staff.
3. The claim of being under the influence of alcoholic beverages or other illicit drugs will not be accepted as an excuse for misconduct. Any misconduct, as defined by the “Student Code of Conduct,” involving alcoholic beverages will be referred to the appropriate office for review and action.
Summary of New York State Laws Governing Alcohol
Under New York State Law it is illegal:
1. to sell alcohol, including charging admission (or accepting donations) at the door of an event where alcohol is distributed free of charge, without an alcohol control license. Further, you cannot sell, deliver, give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverages to any person, actually or apparently under the age of 21 years of age (parents or guardians may serve alcohol to their children in the privacy of their own home) or to any visibly intoxicated person (ABC Law Sec. 65, Penal Law 260.20 (2));
2. for any person to misrepresent the age of a person under the age of 21 for the purpose of inducing the sale of any alcoholic beverage to such person. That is, a person over 21 cannot buy/procure alcohol for a person under 21. A person convicted of first offense shall be punished by a fine of not more than $200.00, or by imprisonment for not more than 5 days, or by both fine and imprisonment (ABC Law Sec. 65a);
3. for a person under the age of 21 to misrepresent his or her age, or to use false identification for the purpose of buying or otherwise obtaining alcohol. Persons under the age of 21 who present falsified or fraudulently altered proof of age for the purpose of purchasing or attempting to purchase alcoholic beverages are guilty of a violation, punishable by a fine of up to $100.00 and/or a community service requirement of up to 30 hours (first violation); punishable by a fine of not less than $50.00 nor more than three hundred fifty dollars and/or an appropriate amount of community service not to exceed thirty hours, and the completion of an alcohol awareness program (second violation); punishable by a fine of not less than fifty dollars nor more than seven hundred fifty dollars and/or an appropriate amount of community service not to exceed thirty hours, and an evaluation by an appropriate agency certified or licensed by the office of alcoholism and substance abuse services (third or more violations). The Alcoholic Beverage Control Law now requires sellers of alcoholic beverages to demand a driver’s license, passport, or armed services ID card, rather than any other form of identification, as evidence of age. Alteration of one of the required forms of official ID may constitute “possession of a forged instrument...with intent to defraud,” which is a class D felony under New York State penal law. If a New York State driver’s license is altered, the court may suspend the person’s license to drive a motor vehicle for three months (first violation); for six months (second violation); for one year or until the holder reaches the age of twenty-one, whichever is the greater period of time (third or more violations). Following the suspension the person may then apply for and be issued a restricted license (ABC Law Sec. 65b);
4. for an underage person to possess any alcoholic beverage with the intent to consume. (Exceptions are provided for consumption in an instructional setting and in cases where the alcoholic beverage is provided by a parent or guardian.) Violators are subject to a fine of up to $50.00 per offense and/or completion of an alcohol awareness program, but are not subject to arrest (ABC Law Sec. 65c).
Under New York State civil law, a provider of alcohol to a person who becomes intoxicated and subsequently causes harm to another person(s) (in person, property, means of support or otherwise) may be liable for any damages or injuries caused by the intoxicated person. Any person, who is injured (in person, property, means of support or otherwise) by reason of the intoxication of any person under 21, may sue for damages against any person who knowingly caused such intoxication by unlawfully furnishing or procuring alcoholic beverages for such person with knowledge or cause to believe that such person was under the age of 21. Further, the law provides a right of recovery for injuries caused by the illegal sale of intoxicating liquor to any intoxicated person. (General Obligations Law, Section 11-100 & 11-101)
Summary of Village of Geneseo Codes Governing Alcohol
1. Carrying of open containers prohibited.
No person shall carry, transport or have in his possession with the intent to consume in any public place, other than permitted public places, any open, resealed or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description as defined by the Alcoholic Beverage Control Law.
2. Deposit of containers prohibited.
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public place other than in receptacles expressly for that purpose.
3. Penalties for offenses.
Any person who violates any provision of this chapter shall be guilty of an offense, as defined in the Penal Law of the State of New York, and shall, upon conviction thereof, be subject to a fine not to exceed two hundred fifty dollars ($250.) or to imprisonment for a term not to exceed fifteen (15) days, or both.
(The State and Village information summarized here is not complete. See the New York State Alcoholic Beverage Control Law (specifically ABC Law Sec. 65, 65a, 65b, 65c, 65d), Penal Law 260.20(2), General Obligations Law, Section 11-100 & 11-101, and Chapter 33 of the Geneseo (Village) Laws for additional information.).
Bias Crimes and the Law
It is a State University of New York - College at Geneseo Police mandate to protect all members of the Geneseo community by preventing and prosecuting bias or hate crimes that occur within the campus's jurisdiction.
Bias crimes, also called hate crimes or bias-related crimes, are criminal activities motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, gender, sexual orientation, or disability. Bias/hate 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). For a copy of the New York law, see Appendix H.
Penalties for bias 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 conduct procedures where sanctions including dismissal are possible.
In addition to preventing and prosecuting bias/hate crimes, SUNY Geneseo Police also address bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the College as acts of bigotry, harassment, or intimidation directed at a member or group within the Geneseo 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 Geneseo Student Code of Conduct. Bias incidents can be reported to University Police, the Dean of Students, or the Affirmative Action office. (Procedures for students to report bias-related incidents)
If you are a victim of, or witness to, a bias/hate crime on campus, report it to University Police by calling 245-5222 in an emergency, using a Blue Light or other campus emergency telephone, calling 245-5651, or stopping by University Police at 19 Schrader Hall. 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 as follows:
- Counseling Services at the Lauderdale Health Center provides crisis intervention, supportive psychotherapy and/or referral for victims of hate/bias crime. Contacts with Counseling Services are strictly confidential. Support is provided in an atmosphere of acceptance, respect and empathetic understanding which focuses on victims' empowerment. Concerned friends, family and/or partners of students who are victims are also welcome to contact the Counseling office for assistance in responding to the crime. Appointments may be made by visiting the Lauderdale Center or by telephoning 245-5716.
- The Dean of Students (354 MacVittie Union, telephone 245-5706) maintains links with community services which assist victims of bias/hate crime. A visit or call to the Dean's Office will assist in identifying and securing assistance from an outside agency.
- The Coordinator of Multicultural Programs and Services (353 MacVittie Union, telephone 245-5620) provides information on how and where to file a report of bias/hate crime and can act as a support for victims through the process. Emphasis is placed on empowering the victim to make decisions that are appropriate for her/him.
- University Police in Schrader 19 is available 24 hours per day to assist in emergency situations. (Emergency telephone number is 5222 or any Campus "Blue Light Telephone" provides a direct emergency connection.) University Police will respond to the scene of an emergency situation, process complaints regarding any violation of state, federal, or local law and coordinate outside law enforcement, if necessary.
A copy of the State University of New York - College at Geneseo campus crime statistics, including bias-related and bias crimes, as reported annually to the U.S. Department of Education, will be provided upon request by University Police. Please direct all such requests, as well as general requests about security procedures, to University Police at (585) 245-5651. Information can also be obtained in Crime and Campus Safety - Your Right-To-Knowpublication, the University Police website at: http://www.geneseo.edu/police/, or the U.S. Department of Education website at: http://ope.ed.gov/security/.
Credit Card Policy
SUNY Geneseo realizes the importance of fundraising to its clubs, organizations, and departments. The following policy has been established as an addendum to the already existing SUNY Geneseo fundraising policy, to ensure that various fundraising efforts are in accordance with Federal and State laws.
For the purposes of these guidelines, "credit card vendors" is defined as anyone soliciting student applications for credit cards including, but not limited to, individual students, student groups, not-for-profit groups, and commercial organizations.
Pursuant to Article 129-A of the New York State Education Law 6437 (Prohibition on the marketing of credit cards) the advertising, marketing, or merchandising of credit cards to students by vendors is prohibited at the State University of New York at Geneseo, except those published in newspapers, magazines, or similar publications, or except within the following guidelines:
1. The SUNY Geneseo Credit Union may provide credit card applications as part of the array of services offered to individuals opening an account.
2. Local banks represented at the Information Fair at New Student Orientation may provide credit card applications as part of the array of services offered to individuals opening an account.
3. The Credit Union and banks are prohibited from offering gifts or prizes to students in exchange for credit card information, handouts, or applications.
4. Credit card policies must be clearly displayed by the Credit Union or banks at the solicitation site and copies of the credit card policies must be distributed to all individuals who accept (or complete) an application (these policies must pertain to, but are not limited to interest rates, teaser rates, and annual fees).
5. The Credit Union and banks must distribute, and clearly post at the solicitation site, information on the dangers and consequences of consumer debt to all individuals who take (or complete) a credit card application.
External agencies to the institution, other than banks and the Credit Union, may not solicit credit cards to current students. This provision includes the campus bookstore, which may not include credit card material in books or bags.
Information about good credit management practices, including the prevention of personal debt and identity theft, can be obtained through credit-bearing classes, GOLD workshops, Orientation, the Student Organization Expo, or electronic links to off-campus agencies.
Students should be ever vigilant about unsolicited telemarketing solicitations, especially those for credit cards and those that ask for personal information. No door-to-door solicitation of any kind is allowed in the residence halls, but as a campus we cannot prevent phone solicitations. Students are encouraged to contact the National DO NOT CALL registry to prevent unwanted phone solicitations. Preventing these calls is quick and easy. Students simply log into http://www.donotcall.gov; click register now, and enter their phone number. Additional directions will then be emailed. The Do Not Call request lasts for five years.
This policy does not apply to direct mailings to non-student constituencies by the College, its departments, or alumni association.
Drug-Free Schools Information
The State University of New York College at Geneseo certifies it is in compliance with Public Law 101-226, The Drug-Free Schools and Communities Act of 1989. To this end, the College has adopted and implemented a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees.
As mandated by section 22 of Public Law 101-226, the College will distribute annually to its students and employees, the following information:
- standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of drugs and alcohol by students and employees on College property or as any part of Geneseo's activities;
- a description of the applicable legal sanctions under local, New York State, and Federal law for unlawful possession, use or distribution of illicit drugs and alcohol;
- a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
- a description of any drug and alcohol counseling, treatment, or rehabilitation programs that are available to students and employees; and
- a clear statement that Geneseo will impose sanctions on students and employees (consistent with local, New York State, and Federal law, and collective bargaining agreements) and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
In addition, the College will conduct a biennial review of its program to:
(a) determine its effectiveness and
(b) ensure that the sanctions developed by the College are consistently enforced.
I. Student Conduct
The rights and privileges exercised by any person are always a function of relationships with others. The College at Geneseo condemns the unlawful use, possession, or distribution of alcoholic beverages and/or drugs on College property or as any part of College sponsored activities. To this end, the College will enforce the Student Code of Conduct and take appropriate conduct action when violations occur. In addition, criminal action will be taken when appropriate.
Loss of privilege, specified conduct requirements, or separation from the College may be imposed on any student whose conduct on or off campus adversely affects the academic community, particularly as it shows failure to accept responsibility for the welfare of one's self and other persons. Fundamental kinds of misconduct involving alcohol and other drugs which may lead to conduct action, including suspension or dismissal from the College, are as follows:
- Illegal use, sale, distribution, manufacturing, or possession of alcohol, intoxicants, or drugs (including but not limited to controlled substances and prescription medication). Participation of a student in any incident, accident, or personal injury that is related to the use by that student of any alcohol, intoxicant, or drug. (SUNY Geneseo Student Code of Conduct-No. 8).
- Use or possession of open containers of alcoholic beverages on campus other than at approved locations and events, or in accordance with the SUNY Geneseo Policy on Alcohol and Illicit Drugs is prohibited. Containers of alcoholic beverages found on campus which are not in compliance with approved college policies will be confiscated and/or destroyed by a University Police Officer. (SUNY Geneseo Student Code of Conduct-No. 9.).
II. Employee Conduct
Compliance with the provisions of the College's drug and alcohol policies is a condition of employment subject to criminal charges and/or disciplinary action under the various negotiated agreements, including satisfactory completion of an approved drug or alcohol rehabilitation program.
Student employees are subject to discipline up to and including termination of employment and referral for discipline in accordance with the Student Code of Conduct, or corrective action as the College deems appropriate, including satisfactory completion of an approved drug or alcohol rehabilitation program.
III. Local, State and Federal Laws
A. Local Laws (see Appendix C)
B. State Laws (see Appendix D)
C. Federal Laws (see Appendix E)
IV. Health Risks
If you are like many Americans, you may drink alcohol occasionally. Or, like others, you may drink moderate amounts of alcohol on a more regular basis. If you are a woman or someone over the age of 65, this means you have no more than one drink per day; if you are a man, this means you have no more than two drinks per day. Drinking at these levels usually is not associated with health risks and may help prevent certain forms of heart disease.
But did you know that even moderate drinking, under certain circumstances, can be risky? If you drink at more than moderate levels, you may be putting yourself at risk for serious problems with your health as well as problems with family, friends, and coworkers.
What Is a Drink?
A standard drink is:
- One 12-ounce bottle of beer* or wine cooler or
One 5-ounce glass of wine or
1.5 ounces of 80-proof distilled spirits.
*Different beers have different alcohol content. Malt liquor has a higher alcohol content than most other brewed beverages.
Drinking and Driving
It may surprise you to learn that you don't need to drink much alcohol before your driving ability is affected. For example, certain driving skills can be impaired by blood alcohol concentrations (BACs) as low as 0.02 percent. (The BAC refers to the amount of alcohol in the blood.) A 160-pound man will have a BAC of about 0.04 percent 1 hour after drinking two 12-ounce beers or two other standard drinks on an empty stomach (see "What Is a Drink?"). And the more alcohol you drink, the more impaired your driving skills will be. Although most States set the BAC limit for adults who drive after drinking at 0.08 percent, driving skills are affected at much lower levels.
Interactions With Medications
Drinking alcohol while taking certain medications can cause problems. In fact, there are more than 150 medications that should not be mixed with alcohol. For example, if you are taking antihistamines for a cold or allergy and drink alcohol, the alcohol will increase the drowsiness that the medicine alone can cause, making driving or operating machinery even more dangerous. And if you are taking large doses of the painkiller acetaminophen (Tylenol®) and drinking alcohol, you are risking serious liver damage. (See Appendix F: "Drugs and Alcohol Don't Mix") Check with your doctor or pharmacist before drinking any amount of alcohol if you are taking any over-the-counter or prescription medicines.
Social and Legal Problems
The more heavily you drink, the greater the potential for problems at home, at work, with friends, and even with strangers. These problems may include:
- Arguments with or separation from your spouse and other family members;
- Strained relationships with coworkers;
- Absence from or lateness to work with increasing frequency;
- Loss of employment due to decreased productivity; and
- Committing or being the victim of violence.
Alcohol-Related Birth Defects
If you are pregnant or trying to get pregnant, you should not drink alcohol. Drinking alcohol while you are pregnant can cause a range of birth defects, and children exposed to alcohol before birth can have lifelong learning and behavioral problems. The most serious problem that can be caused by drinking during pregnancy is fetal alcohol syndrome (FAS). Children born with FAS have severe physical, mental, and behavioral problems. Because scientists do not know exactly how much alcohol it takes to cause alcohol-related birth defects, it is best not to drink any alcohol during this time.
Long-Term Health Problems
Some problems, like those mentioned above, can occur after drinking over a relatively short period of time. But other problems - such as liver disease, heart disease, certain forms of cancer, and pancreatitis - often develop more gradually and may become evident only after many years of heavy drinking. Women may develop alcohol-related health problems sooner than men, and from drinking less alcohol than men. Because alcohol affects nearly every organ in the body, long-term heavy drinking increases the risk for many serious health problems.
Snapshot of Annual High-Risk College Drinking Consequences
- Death: 1,400 college students between the ages of 18 and 24 die each year from alcohol-related unintentional injuries, including motor vehicle crashes (Hingson et al., 2002).
- Injury: 500,000 students between the ages of 18 and 24 are unintentionally injured under the influence of alcohol (Hingson et al., 2002).
- Assault: More than 600,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking (Hingson et al., 2002).
- Sexual Abuse: More than 70,000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape (Hingson et al., 2002).
- Unsafe Sex: 400,000 students between the ages of 18 and 24 had unprotected sex and more than 100,000 students between the ages of 18 and 24 report having been too intoxicated to know if they consented to having sex (Hingson et al., 2002).
- Academic Problems: About 25 percent of college students report academic consequences of their drinking including missing class, falling behind, doing poorly on exams or papers, and receiving lower grades overall (Engs et al., 1996; Presley et al., 1996a, 1996b; Wechsler et al., 2002).
- Health Problems/Suicide Attempts: More than 150,000 students develop an alcohol-related health problem (Hingson et al., 2002) and between 1.2 and 1.5 percent of students indicate that they tried to commit suicide within the past year due to drinking or drug use (Presley et al., 1998).
- Drunk Driving: 2.1 million students between the ages of 18 and 24 drove under the influence of alcohol last year (Hingson et al., 2002).
- Vandalism: About 11 percent of college student drinkers report that they have damaged property while under the influence of alcohol (Wechsler et al., 2002).
- Property Damage: More than 25 percent of administrators from schools with relatively low drinking levels and over 50 percent from schools with high drinking levels say their campuses have a "moderate" or "major" problem with alcohol-related property damage (Wechsler et al., 1995).
- Police Involvement: About 5 percent of 4-year college students are involved with the police or campus security as a result of their drinking (Wechsler et al., 2002) and an estimated 110,000 students between the ages of 18 and 24 are arrested for an alcohol-related violation such as public drunkenness or driving under the influence (Hingson et al., 2002).
- Alcohol Abuse and Dependence: 31 percent of college students met criteria for a diagnosis of alcohol abuse and 6 percent for a diagnosis of alcohol dependence in the past 12 months, according to questionnaire-based self-reports about their drinking (Knight et al., 2002).
(National Institute on Alcohol Abuse & Alcoholism -NIAAA)
Warning Signs (see also Appendix G)
The following are some warning signs which may indicate a problem with alcohol and/or other drugs:
- getting drunk or high on drugs on a regular basis
- lying about how much alcohol or other drugs he or she is using
- avoiding others in order to get drunk or high
- giving up activities he or she used to do, such as sports, homework just to use drugs or drink
- planning drinking or using drugs in advance, hiding alcohol and drugs, drinking or using other drugs alone
- having to drink more or use higher amounts of drugs to get the same high
- believing that in order to have fun you need to drink or use other drugs
- frequent hangovers
- pressuring others to drink or use other drugs
- taking risks, including sexual risks or drinking and driving
- having "blackouts" or memory lapses
- feeling run-down and sick, hopeless, depressed, or even suicidal
- sounding selfish and not caring about others
- constantly talking about drinking or using other drugs
- getting in trouble with the law and or campus authorities
- suspension from school for an alcohol or other drug-related incident
The time element also varies, and some drugs remain in the system for as long as several days.
Health and Counseling offers a wide range of services for students who are concerned about alcohol and other drugs. These services include:
- Alcohol Evaluations - Students may be seen by a psychologist for an evaluation of their alcohol/drug use and related problems. Evaluations include recommendations for further assessment, treatment, and education as indicated. Students can schedule an alcohol evaluation by calling Counseling Services at 245-5716.
- Alcohol/Drug Counseling - Students may voluntarily participate in individual or group counseling to address issues related to their use of alcohol and other drugs. Students in need of substance abuse rehabilitation services are referred for treatment off-campus. Counseling Services does not provide mandated (including court-referred) treatment. Students can schedule a counseling appointment by calling Counseling Services at 245-5716.
- Alcohol Screening - Students can complete an anonymous, on-line screening of their alcohol use by visiting the Health and Counseling website at https://www.mentalhealthscreening.org/screening/wel-come.asp. Students who complete the screening will receive recommendations based on their individual responses.
In addition, Health Services (245-5736) provides urgent and non-urgent care to students who have difficulties with alcohol and other drugs. Health and Counseling staff also have information about area treatment and support resources, including chapters of Alcoholics Anonymous (AA) and Narcotics Anonymous (NA). Health and Counseling is located in the Lauderdale Health Center on University Drive.
VI. Biennial Review Committee
A Review Committee will be convened every two years to determine the effectiveness of the College's Drug Free Schools Act compliance program and to recommend any changes, if necessary. In addition, the committee will review pertinent disciplinary actions and ensure that sanctions are enforced consistently.
The committee will be composed of:
- Associate Provost
- Dean of Students (Chair)
- Director of Health and Counseling
- Asst. Vice President for Human Resources
- Chief of University Police
Hazing is defined as any action taken or situation created, intentionally, whether on or off private premises, to produce mental or physical discomfort, embarrassment, harassment or ridicule. Such activities and situations may include: paddling in any form; creation of excessive fatigue; physical or psychological shocks; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside the confines of a house, apartment, or residence hall room; wearing, publicly, apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; late work (or other) sessions which interfere with scholastic activities; and any other activities which are not consistent with the regulations and policies of SUNY Geneseo, or applicable state law.
Geneseo's Student Code of Conduct states that all members of the college community are required to abide by the statutory Rules of Public Order (Section 6450) of the New York State Education Law which specifically states:
No person, either singly or in concert with others shall...
Take any action, create or participate in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
New York State Penal Law - HAZING
Section l20.l6 Hazing in the first degree.
A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.
Hazing in the first degree is a class A misdemeanor.
Section l20.l7 Hazing in the second degree.
A person is guilty of hazing in the second degree when, in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.
Hazing in the second degree is a violation.
Violations of the College's hazing policy, the Rules of Public Order, or state law will not be tolerated. Individuals and recognized organizations who violate any of the above policies, rules, regulations or laws are subject to college conduct, as well as legal, action; organizations are subject to college disciplinary action, and risk losing such things as college privileges and/or recognition.
New York State Public Health Law requires students taking six or more credits to provide proof of immunity to Measles, Mumps, and Rubella. Also, ALL students must have been immunized or must verify by their signature that they have received information about meningococcal disease and have made an informed decision about whether or not to receive immunization against meningococcal disease.
SUNY Geneseo requires that all students return their completed Personal and Medical History form, demonstrating compliance with the immunization and meningitis response requirements, by the following deadlines.
· For students entering in the fall: June 1st
· For students entering in the spring: December 1st
· For students accepted late: within four weeks of acceptance.
Note: Students born before 1957 are exempt from the measles, mumps and rubella vaccine portion of the NYS requirement.
Upon receipt of the Personal and Medical History form, Health Services will review to make sure all requirements are met. It will take three to five working days for data to be processed after it has been received. Students who are not in compliance will be notified.
· If students have not achieved full compliance with all requirements by July 18, a records and registration HOLD will be placed on their account.
· If students are not in compliance by the 30th day of the semester, they will be DISENROLLED from the College. · Out of state resident students and international students have 45 days to comply. If they do not comply by the 45th day of the semester, they will be DISENROLLED from the College.
It is the responsibility of the Administrative Director of Student Health and Counseling to enforce these requirements.
Proof of Immunization
· For proof of immunization, only an official record (such as a school immunization record) or a statement signed by a health-care provider can be accepted.
· Combination vaccine (MMR): two doses of live vaccine must be administered on or after the first birthday (4 weeks minimum between first and second doses) – or - Individual vaccinations:
· Measles: two doses of live vaccine administered on or after the first birthday; or protective-antibody titer result; or physician-diagnosed history of disease.
· Mumps: two doses of live vaccine administered on or after the first birthday; or protective-antibody titer result; or physician-diagnosed history of disease.
· Rubella: one dose of live vaccine; or protective-antibody titer result (NOTE: previous clinical diagnosis of Rubella is not acceptable proof).
Information Regarding Sex Offenses
In recent years there has been concern at both the national and state levels regarding the incidence of sex offenses on college campuses. In an effort to educate our College community, we are providing the following information to all students.
It is best to keep in mind that any college is not a "safe haven" where personal safety issues can be ignored. All students, staff and visitors must take reasonable precautions and use sound judgment regarding their behavior. Unfortunately, college campuses are not immune from crime.
Sex offenses occur on and off college campuses. While some victims are assaulted by assailants who are unknown, more frequently the campus victim is assaulted by a person known to the victim. These incidents are described as "acquaintance rapes." The assailant may be a date or a girl/boyfriend of the victim. However, s/he may also be someone who is identifiable because s/he is in a class with the victim, a resident of the same residence hall as the victim, or a friend of a friend of the victim. Irresponsible use of alcohol and/or use of other mind-altering substances are frequently involved in these situations. Sound, unimpaired judgment and concern for personal safety of self and others help prevent such victimizations. (See State Penal Law Pertaining to Sex Offenses - Appendix B.)
I. College Regulations Regarding Sex Offenses
Geneseo students who are victims of sexual offenses [e.g., rape, sexual abuse, nonconsensual sexual activity; (see previous section)] which occurred either on the Geneseo campus or at a location off-campus are encouraged to report their experiences to a College official. If a student is a victim of such an offense, s/he should report the incident as soon as possible to a College official in one of the following areas:
Office of Dean of Students MacVittie Union 245-5706
Office of University Police* Schrader 245-5651
Health Services Lauderdale 245-5736
*open 24 hours
If immediate emergency assistance is required, on-campus residents should contact University Police at 245-5222 or utilize one of the blue light emergency telephones on campus. If the victim lives off-campus and the assault occurred off-campus, the 911 system should be utilized first. An off-campus student should file a subsequent report with College officials (listed above) if the offense was perpetrated by a Geneseo student.
In a situation where there is the potential for a criminal complaint, it is extremely important that the victim does not disturb any physical evidence. Therefore, the victim should not change clothing, bathe, shower, douche, or wash before seeking assistance. It is important for the victim to understand that College personnel in the above mentioned areas have been trained to work with victims and to follow appropriate protocols for victims of sexual assault.
The College prohibits sexual assault through the "Student Code of Conduct," which may be found in this publication, the on-line Student Handbook or the Geneseo Undergraduate Bulletin.
Student victims have the option of filing a complaint within the College Conduct system, a criminal complaint with the office of University Police or local law enforcement agency, or both. College personnel will assist students in initiating such complaints to outside agencies.
When a complaint regarding a sex offense is made to a College staff member, the College follows its Conduct Procedures at a level appropriate to the reported offense. In addition, if the victim wishes to make a criminal complaint, the Office of University Police will proceed as appropriate for each incident.
Employee policies and procedures regarding sexual harassment are found in Section 150 of the Geneseo Policies and Procedures Manual.
II. Support for Victims of Sex Offenses
Counseling and support services are provided to victims of sex offenses through several Campus offices:
- Counseling Services, in Lauderdale 205, provides crisis intervention, supportive psychotherapy and/or referral for survivors of rape, attempted rape, sexual assault and child sexual abuse. Contacts with Counseling Services are strictly confidential. Support is provided in an atmosphere of acceptance, respect and empathetic understanding which focuses on survivors' empowerment. Concerned friends, family and/or partners of students who are survivors of sexual victimization are also welcome to contact this office for assistance in responding to the survivor. Appointments may be made by visiting Counseling Services or by telephoning 245-5716.
- Health Services provides medical care and support to victims of sex offenses. While Health Services does not conduct evidence collection ("rape kits"), the staff can provide immediate medical attention, help students explore their options, and facilitate getting those students who wish to undergo evidence collection to a nearby hospital. Either walk-in visits or scheduled appointments (245-5736) are available.
- The Dean of Students Office (354 MacVittie Union, telephone 245-5706) maintains links with community services which assist victims of sex offenses. A visit or call to the dean's office will assist in identifying and securing assistance from an outside agency.
- The Office of University Police in Schrader 19 is available 24 hours per day to assist in emergency situations. (Emergency telephone number 5222 or any Campus "blue light telephone" provides a direct emergency connection.) University Police will respond to the scene of an emergency situation, process complaints regarding any violation of state, federal, or local law and coordinate outside law enforcement and/or medical assistance, if necessary.
Several off-campus resources are also available:
- Livingston County Rape Crisis Center offers a free and confidential 24-hour hotline which is staffed by trained advocates who provide short-term counseling, offer referrals, and are available to accompany victims to the hospital, the police station, and any conduct hearings.
- Livingston County Sheriff
- 911 (Emergency)
The College educates students regarding security procedures through residence hall programs, signage, safety campaigns, College publications, and special college-wide programming via College cable TV. Each semester, programs regarding such topics as personal safety, rape prevention, alcohol and other substances, and prevention of burglary and theft are presented. Specific program information may be obtained through the Dean of Students Office (585-245-5706) in MacVittie College Union 354.
The Coordinator of Health Promotion, located in the Lauderdale Center, is available to offer programs concerning sexual violence awareness, along with a range of other issues. HealthGuards is a student group of peer health educators who are trained to present health-related programs to residents, student groups, and faculty and staff.
The Sexual Violence Awareness Committee (ASAP - Action for Sexual Assault Prevention) consists of student, faculty, and staff representatives. The Committee promotes College policies regarding sexual offenses and is committed to raising awareness concerning sexual violence among the campus community.
If someone you know has been a victim of a sexual offense:
- Make sure they are safe;
- Believe them;
- Reinforce that no matter what the circumstances, the offense was not their fault;
Refer them to:
- Health Services (585-245-5736)
- Counseling Services (585-245-5716)
- Their Resident Director
- University Police (585-245-5651; 585-245-5222)
- Dean of Students (585-245-5706)
- Rape Crisis Center (1-800-527-1757)
If they live off campus:
- Livingston County Sheriff (585-243-7100; 911)
- Geneseo Village Police (585-243-2420; 911)
Allow them to make their own decisions concerning medical attention and pressing charges. Encourage them to preserve evidence.
IV. Advisory Committee on Campus Security
The president or chief administrative officer of the College appoints an advisory committee on campus security. This committee is part of the larger campus Personal Safety Committee.
The advisory committee shall consist of a minimum of six members, at least half of whom shall be female; one-third of the committee shall be appointed from a list of students that contains at least twice the number to be appointed which is provided by the largest student governance organization on such campus, one-third thereof shall be appointed from a list of faculty members that contains twice the number to be appointed which is provided by the largest faculty organization on such campus, and one-third of whom shall be selected by the president or chief administrative officer.
The committee shall review current campus security policies and procedures and make recommendations for their improvement. It shall specifically review current policies and procedures for:
a. educating the campus community, including security personnel and those persons who advise or supervise students, about sexual assault pursuant to section sixty-four hundred thirty-two of this article;
b. educating the campus community about personal safety and crime prevention;
c. reporting sexual assaults and dealing with victims during investigations;
d. referring complaints to appropriate authorities;
e. counseling victims; and
f. responding to inquiries from concerned persons.
The committee shall report, in writing, to the college president or chief administrative officer on its findings and recommendations at least once each academic year, and such report shall be available upon request.
Conduct Procedures For Recognized Student Groups
Student organizations are an integral part of the co-curricular life on the Geneseo campus. Such organizations exist to offer a maximum number of opportunities for students to pursue their educational, social and recreational interests. Insofar as they are sanctioned, recognized*, and supported by the College, they become an extension of the SUNY Geneseo community. It is expected that each organization receiving the privileges of recognition will accept the responsibility of representing the College both on and off campus in a positive manner. Part of that responsibility will include adherence to the Student Code of Conduct.
An established conduct procedure will be used when recognized student organizations, including Club sports and intercollegiate athletic teams of the College, violate the Student Code of Conduct. This policy does not supersede the administrative prerogative to withdraw recognition for just cause from any campus organization.
The Dean of Students or his/her designee is responsible for the investigation of all complaints or reports charging misconduct by any recognized student group. If it is determined that there may be cause for action against a recognized student group, the matter will be referred to the Student Conduct Board. If after investigation the incident appears to result from individual rather than group action, the individual student’s behavior will be subject to review under the Student Conduct Procedure. Referral of a charge against a group to the Student Conduct Board does not preclude parallel action against the individual students through the College Conduct Procedure in the same case.
Members of the Student Conduct Board Committee are appointed from three of the College’s constituent groups: faculty, administrative staff, and students. The total membership will consist of at least three appointees from each constituent group. After appropriate consultation, the Vice President for Student and Campus Life will recommend to the President each year the names of the members. The President’s appointments to the Committee may be for a specified period of time with there being no limit on the length of time any one individual may serve.
Primary consideration for selection to this Committee is membership in, or advisor to, a recognized organization.
A member of each constituent group will be selected to constitute the Student Conduct Board of three members for each case. The Dean of Students or designee will serve as non-voting chair of each Board. The Dean of Students or designee will prove the charges, introduce evidence and other pertinent information for consideration by the Board. Determination of procedures, introduction of witnesses, rules of evidence, and participation of advisors or attorneys shall be the responsibility of the Dean of Students or designee.
Charges will be presented to a representative of a student organization accused of violation of the Student Code of Conduct no less than three days before the scheduled hearing before the selected Board. The advisor of record of the organization also will receive a copy of the charges and be invited to attend the hearing. The charged organization’s representatives will be given the opportunity to meet with the Dean of Students or designee prior to the hearing to discuss the hearing process and procedures. It will be the responsibility of the charged organization to select no more than two of their members as representatives of the organization at the hearing and any pre-hearing or post-hearing meetings. These individuals will remain the organizational representatives throughout the appeals process. The advisor to the organization may attend all sessions and meetings but is not required to do so.
The hearing process is not based on legal standards and allows the Board full access to all pertinent information related to the charges under consideration. The organization’s representatives are asked to explain and present evidence related to the charges and they are offered an opportunity to discuss with members of the Board all relevant implications of the behavior of their members. They may bring forward a reasonable number of witnesses to provide testimony on the charges and on behalf of the organization. In addition, they may directly question any witnesses that have presented testimony or evidence to the Board related to the organization’s misconduct, unless they have agreed in advance that the written statements of the witnesses are correct. Hearings conducted by the Board are not open to the public. The current College policy regarding the Right to Legal Counsel will apply to these procedures.
The Board first determines by majority vote of its members whether or not the organization has violated the standards of conduct. If the majority find the organization has violated the standards of conduct, the Board will, by majority vote, determine the conduct action to be taken against the organization. The organization’s representatives will be provided the opportunity to provide the Board with information about any extenuating circumstances or other factors that should be considered by the Board prior to the determination of conduct action.
The Board’s determination and decision on conduct actions is communicated to the representatives of the organization orally and in writing by the Dean or his/her designee. A copy of the written decision is kept on file in the Dean of Students’ Office. The advisor of the organization is provided a copy of the decision and, if the organization has an external affiliation, the headquarters of the organization will be sent a copy of the charges and the decision. The Board may take any of the following conduct actions:
- Written Warning - A letter from the Dean of Students or designee reviewing the behavior of the organization that was inappropriate and expectations for the future. The consequences of similar behavior in the future should be clearly stated. The date on which the Letter of Warning will be removed from the file should also be included.
- Probation with Sanctions - A severe warning that will require the organization to take specific actions or refrain from certain activities. Specifically, an organization may be required to:
1. Perform a specific community service for a specified amount of time or for a specific purpose;
2. Organize and complete a fund-raising activity with the proceeds to be donated to a designated organization;
3. Make restitution of a specified dollar amount to the individual or group injured by the actions of the organization;
4. Be prohibited for a specified period from the use of College facilities or participation in certain Campus activities;
5. In manner to be determined by the Dean of Students, distribute a written public apology to the College and/or local community.
- Suspension of Recognition - The withdrawal of recognition and its privileges for a specified period of time. Any conditions required for the rerecognition of the organization should be specified in writing.
- Withdrawal of Recognition - The permanent withdrawal of recognition and its privileges.
An organization that has received a conduct sanction under this procedure has the right to appeal the Board’s decision to the Vice President for Student and Campus Life. The appeal must be in writing and received by the Vice President’s Office within five (5) working days of the receipt by the organization of the written decision of the Board. The decision of the Vice President will be reviewed by the President of the College before it is issued in writing to the organization’s representatives.
It is expected that the organization representatives making the appeal will meet with the Vice President after submitting their written appeal. The Vice President may uphold the conduct sanction or take a lesser action. The conduct sanction may not be increased in the appeals process. The conduct action taken by the Board will not be implemented until the appeal process is concluded.
If the Vice President is not available to hear an appeal or was involved in initiating charges against the organization, the President of the College will select another administrative officer to hear the appeal.
An organization that fails to fulfill or implement a Board’s conduct action or an action decided on appeal will lose its recognition.
Organizations and advisors are given copies of these procedures at the time they are notified of a conduct review. The College administration may at its discretion make public the charges against the organization and the final conduct penalties imposed by this procedure.
The College retains the right to move forward with this procedure if the charged organization does not participate in a timely manner.
(* Recognition is a formal process by which student social, academic, fraternal and service organizations are allowed to function by the College.)
Open Flame Policy
This policy is applicable to faculty, staff, students and contractors. The use of fire, incense and similar open flame producing items such as torches and welding equipment, shall be prohibited in all campus buildings except as described below:
- Flames used for commercial cooking in areas operated by the Campus Auxiliary Service (CAS).
- Votive decorations used by CAS during catering events must meet the NYS Fire Code requirements.
- The Physics metal working shop, facilities garage, welding shop, heating plant tool room and the ISC zone shop for maintenance purposes.
- In residence halls, for religious purposes in lounge areas only, candelabras must be fastened down to prevent tipping and wax must be prevented from dripping on combustible or flammable items. Contact Dean of Residential Living for more specific requirements (245-5726).
- Theatrical performances must comply with the NYS Fire Code and be reviewed and approved by the Code Compliance Manager or designee at least three days prior to the performance.
- Faculty research and academic instruction which normally use open flames as part of their curriculum in properly equipped areas.
All approved open flames must be kept a safe distance away from flammable and combustible material. In addition, a fire extinguisher and a person trained in its use must be readily available. Uses of open flames, other than above, must be approved by the Code Compliance Manager or designee on a case by case basis (245-5662). A hot work permit must be issued for all uses of open flames (including welding, cutting and soldering) for activities not described above.
Policy Statement on Sexual Harassment
SUNY Geneseo seeks to create and maintain an educational environment in which all members of the College community are free to pursue their educational goals. Harassment on the basis of sex is violation of the law (Sec. 703 of Title VII of the Civil Rights Act as amended, Title IX Education Amendments of 1972, and the New York State Human Rights Law) and will not be tolerated in the Campus community of SUNY Geneseo. The College will not condone actions and words that a reasonable person would regard as sexually harassing. It is the responsibility of every administrator, supervisor and faculty member to create and maintain an environment that is free of discrimination and allows full access and opportunity for participation to all members of the College community.
Sexual harassment is defined as any unwelcome sexual attention, unwanted verbal or physical sexual advance, request for sexual favors, sexually explicit derogatory statement, or sexually discriminatory remark made by someone within the College Community, which is offensive or objectionable to the recipient (including causing discomfort and humiliation), and when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, or grade;
2. submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual;
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance; or
4. such conduct has the purpose or effect of creating an intimidating, hostile, or offensive employment or educational environment.
Sometimes people who are being harassed feel that if they ignore the problem it will go away. The truth is, the situation could continue or get worse. Sexual harassment can substantially interfere with a student’s education.
SUNY Geneseo regards sexual harassment as particularly reprehensible and a violation of the standards of conduct required of all persons associated with this institution. Accordingly, those individuals inflicting such behavior on others are subject to institutional action.
The National Advisory Council on Women’s Educational Programs has identified five categories of sexual harassment. They are:
1. generalized sexist remarks or behaviors which include: indicating one sex is not as capable as the other, telling off-color jokes, making suggestive comments, leering, ogling;
2. inappropriate and offensive sexual advances that are often accompanied by suggestive remarks and/or touching;
3. sexual activity or other sex-related behavior is solicited (usually very subtly) with promise of reward such as higher grades;
4. coercion for sexual activity by threat of punishment such as a lower grade, failing a course, negative recommendations and even jeopardizing the future career of the person; and
5. sexual crimes and misdemeanors, including indecent exposure, sexual fondling, request for intercourse and rape.
In addition to protecting students from sexual harassment, the College is also interested in protecting the academic freedom of students and faculty. Given our nature as an educational community, the topic of sexual harassment may be discussed within the classroom. Thus, faculty members have the right to “without limitation, discuss their own subject in the classroom.” However, the right is not without limitation as the faculty member is not empowered to discuss “controversial matter which has no relation to their subject.”
Both employees and students alleging harassment may use the SUNY Discrimination Grievance Procedure for review of their allegations. Should disciplinary/conduct action be found necessary, the appropriate procedure applicable under present collective bargaining agreements or campus student conduct regulations will be used.
Students who believe they may be experiencing sexual harassment (whether it is student-student or faculty/staff-student) may be uncertain that specific actions constitute sexual harassment, so College policy allows for two procedural stages. The first stage provides students with advice and counsel and is strictly confidential. The second stage involves a formal investigation, which proceeds only if the student is willing to sign a written complaint (which may be made available to the accused).
The procedures for dealing with sexual harassment are as follows:
1. Students are urged to bring questions about procedure or seek informal confidential advice relating to sexual harassment to the Dean of Students (College Union 354; x5706) or the Affirmative Action Officer (Erwin 219; x5616). If an individual desires to discuss personal thoughts and feelings, wishes to consider ways to deal individually with the incident(s), or explore procedural options, the Dean’s or the Affirmative Action Office offers counseling and appropriate referral.
2. Specific complaints of sexual harassment should be made to the Dean of Students (or designee). In some cases, the Dean of Students may discuss concerns with the person complained against without formal charges being filed.
3. If a student requests a formal investigation of the incident(s), a written complaint signed by the student identifying the accused individual(s) and the unwanted behavior should be submitted to the Dean of Students. If the student declines to file a written request, the investigation will not proceed and no copy of the complaint retained. Except as required by the demands of the investigation and enforcement of policy, the matter will be treated confidentially by the College. Failure to cooperate with the investigation, retaliation in any form against the complainant, or breach of confidentiality will be independent grounds for institutional action.
4. Should disciplinary/conduct action be found necessary, the appropriate procedure applicable under present collective bargaining agreements or campus student conduct regulations will be used.
(a) In cases of student-student harassment, investigation and charges will be handled through the Student Code of Conduct and the Campus Conduct System. Procedures and due process rights afforded students will be governed by the Student Code of Conduct. Students are encouraged to refer to the Code of Conduct for the specific procedures and guidelines that govern Geneseo student conduct proceedings.
(b) In faculty/staff-student cases, the Dean will forward a copy of the signed complaint to the appropriate labor relations manager.
The Dean (or designee) determines if the complaint falls under the provisions of the Sexual Harassment Policy and if the facts presented in the case warrant investigation.
The College will take prompt and appropriate remedial action, which may include disciplinary/conduct action against a faculty member, student or employee found in violation. The College will also respond to any attempt to retaliate against a student complainant and will provide for third-party evaluation of course performance when appropriate.
5. If the Dean (or designee) determines that the alleged facts presented in the complaint do not warrant investigation, the student will be so informed. The student may provide additional evidence. If the complaint is concluded at that stage, no copy of the complaint is retained.
The use of these procedures is strongly encouraged for any person who believes that he/she has been a victim of sexual harassment. Any complaint should be submitted as soon as possible. For student-student harassment, the deadline for filing a complaint is no later than six months after the event takes place. The Dean of Students may waive the six-month limitation when a late submission is reasonable, as determined by the Dean of Students. Faculty/staff-student harassment complaints should also be made as soon as possible, but in no case more than one year after the alleged harassment has occurred.
Filing a complaint with the University does not preclude a grievant from filing with outside enforcement agencies, such as the EEOC, the State Division of Human Rights, or the Office for Civil Rights of the United States Department of Education.
For further information, contact the Dean of Students Office at 245-5706.
Investigation of Violent Felony Offenses and Missing Students
The University Police Department should be notified of any violent felony offense occurring on campus property. Members of the college community are asked to immediately report all suspected violent felony offenses, including (but not limited to) murder, manslaughter, sodomy, aggravated sexual abuse, assault, burglary, robbery, arson, and criminal possession of a dangerous weapon. University Police officers work closely with local, state and federal law enforcement agencies and college officials to gather and share as much information as possible with victims, families and the public. Victims and witnesses of crimes or other traumatic incidents are encouraged to seek assistance by visiting the Lauderdale Center for Student Health and Counseling at (585) 245-5716; or by contacting the Livingston County Crime and Victim Witness Assistance Coordinator at (585) 243-7020. Information shared with college counseling officials is not released without the client’s written consent unless there is fear for safety to the client or to someone else.
In cases of a missing person complaint, a police investigation is initiated when there is no reasonable explanation for a person’s absence. University Police should be immediately notified of all missing person reports for students residing both on and off campus. The College provides students with the ability to designate an individual for the institution to contact within 24 hours of the student being reported missing, and provide students with the means to register confidential contact information in the event they are missing longer than 24 hours. If the student resides on campus and is missing for longer than 24 hours, the College is required to notify the contacts listed by the student. In cases of an unemancipated student under 18 years of age, the College is required to notify a custodial parent or guardian within 24 hours of the student being determined to be missing. If a student resides off campus and is missing for more than 24 hours, the Chief of University Police will notify the appropriate law enforcement agency within 24 hours after the student is determined to be missing. The NYS Office of Forensic and Victim Services Missing Person Data Collection Guide is used to gather valuable information when handling missing person’s cases.
Students required to leave the College for nonacademic reasons may visit the campus only if they obtain permission from the Dean of Students. Withdrawn or academically dismissed students have ordinary visitors privileges for brief visits and may seek permission from the Dean of Students for extended use of facilities. Individuals who violate state law or college policy may be restricted from visiting all or part of the campus, and will be notified of that restriction in writing by the Dean of Students.
Village of Geneseo
Summary of Village of Geneseo Codes Governing Alcohol
-See SUNY Geneseo Policy on Alcohol and Illicit Drugs
The Geneseo Village Board would like to remind Village residents of some provisions of the "Noise Ordinance":
1. TVs, radios, CDs, and similar devices are not to be played in such a manner as to be heard more than 60 feet away from the source OR beyond any property line.
2. Any unnecessary noise from ANY SOURCE is prohibited between 11 pm and 7 am.
3. Outdoor events which have the potential for excess noise must have a permit obtainable from the Village Clerk. The Village Board reviews all Noise Permit applications and issues the permits. Because the Board meets only every other week, the application must be submitted well in advance of an event in order to have it reviewed.
Full text of prior Ordinance may be obtained from the Geneseo Village Clerk's office, 119 Main Street, Geneseo, NY.
1. No parking from 2 am to 7 am on any street, highway, alleyway, boulevard or public place, except the municipal lot.
2. No parking on front lawn or boulevard (row between sidewalk and street) or over any sidewalk in such a manner as to interfere with use of the sidewalk. Parking or storage of vehicles on lawns or unimproved areas shall not be permitted on any property.
3. Parking meters on Main Street and Center Street may be used for a maximum of 1 or 2 hours. (25 cents per hour) At the end of the 1 or 2 hours, the vehicle must be moved or it will be ticketed.
4. The Village's municipal lot has several different areas: 2-hour parking, permit parking only, handicapped parking, and "No 24-hour". No vehicle in the municipal lot may be parked in the same location more than 24 hours. Permit parking was created for Main Street area merchants and their employees in order to keep the metered spaces in front of the businesses for customers and clients.
There is an expectation that dog owners will always keep their animals on a leash and will clean up after their pets, especially on public property.
Additional laws and ordinances, including Advertising, and Property Maintenance, as well as the full-text of the above local laws, are included in Appendix C.