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SUNY Geneseo COVID-19 Violations Mandatory Sanctioning

SUNY Chancellor Malatras has issued a comprehensive emergency directive to address violations of COVID-19 safety protocols at SUNY’s state-operated campuses and community colleges.

This emergency directive implements a SUNY-wide policy intentionally focused on the current public health emergency. It creates uniform sanctions to help SUNY balance the need to protect the public health of students, faculty, staff, and community members with students’ rights to remain within the educational environment. Its goal is to ensure a fair and consistent approach to policy violations by students throughout the SUNY system.

Please note that even with this uniform, mandatory sanctioning, all students maintain the due process rights guaranteed to them by the federal and New York State constitutions, New York State law, SUNY regulations, and University-wide and campus policies. Students are presumed not responsible until the institution makes a finding based upon the preponderance of evidence. (Read the full SUNY policy.)

The sanctioning policy that follows takes effect at 8 a.m. on October 1, 2020. This addendum complements Geneseo's Student Code of Conduct.

Summary of Violations and Sanction Options

The table below is provided as an easy-to-digest overview of violations and SUNY-mandated sanction options. It is critically important that you read the full SUNY Geneseo policy on the page below so you are aware of the specific expectations and consequences of the decisions you make.

Violation

Summarized Description

SUNY Mandated Sanction Options

COVID-Positive Intentional Violations

Covid-19 positive students who knowingly or intentionally expose other students

  • Suspension from academic access (including distance learning) and housing for no less than one calendar year
  • Permanent dismissal from SUNY Geneseo
  • Ineligibility to be admitted to any other SUNY institution during the sanction timeframe

Failure to Self-Isolate

Violation of isolation orders

  • Suspension from academic access (including distance learning) and housing for no less than one calendar year
  • Permanent dismissal from SUNY Geneseo
  • Ineligibility to be admitted to any other SUNY institution during the sanction timeframe
  • Possible fines or criminal prosecution

Failure to Quarantine

Violation of quarantine orders

For residential students

  • Suspension from housing with continued access to academic program via remote learning only (if available and as subject to campus policy and process)
  • Academic and housing suspension
  • Permanent dismissal from SUNY Geneseo

For non-residential students

  • Suspension from academic access to campus of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic suspension
  • Permanent dismissal from SUNY Geneseo
  • Possible fines or criminal prosecution

Prohibited On-Campus Gathering (hosts)

Hosting a gathering that exceeds campus housing policy or campus policies/limits

  • Suspension from housing of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic and housing suspension of at least one year
  • Permanent dismissal from SUNY Geneseo

Prohibited On-Campus Gathering (attendee)

Attendance at a gathering that exceeds campus housing policy or campus policies/limits

For residential students

  • Suspension from housing with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic and housing suspension
  • Permanent dismissal from SUNY Geneseo

For non-residential students

  • Suspension from academic access to campus of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic suspension
  • Permanent dismissal from SUNY Geneseo

Prohibited Off-Campus Gathering (hosts)

Acts that occur off campus that violate physical distancing requirements; hosting a gathering that exceeds local, state or campus limitations.

  • Suspension from in-person attendance at SUNY Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Suspension of at least one year
  • Permanent dismissal from SUNY Geneseo

Prohibited Off-Campus Gathering (attendee)

Acts that occur off campus that violate physical distancing requirements; attending a gathering that exceeds local, state or campus limitations.

For residential students

  • Suspension from housing with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Suspension from in-person attendance at Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic and housing suspension
  • Permanent dismissal from SUNY Geneseo

For non-residential students

  • Suspension from in-person attendance at SUNY Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic suspension
  • Permanent dismissal from SUNY Geneseo

Face Mask and Social Distancing Requirements

Repeated and/or intentional violations of face mask/covering or physical distancing policies.

  • Suspension from academic and/or housing access with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic and/or housing suspension
  • Permanent dismissal from SUNY Geneseo

Contact Tracing

Failure to comply with contact tracing efforts.

  • Suspension from academic and/or housing access with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • Academic and/or housing suspension
  • Permanent dismissal from SUNY Geneseo

Failure to Comply with Campus Health Protocols

Failure to participate in mandatory testing, repeated failure to complete daily symptom checking, etc.

  • Interim suspension
  • Administrative measures to electronically deactivate card access and restrict access to any buildings with the exception of access required to obtain health care services
  • Students whose access has been restricted shall be ineligible to attend in-person classes and their parking privileges on campus may be temporarily revoked such that their car may be ticketed or towed if parked on campus.

Student Athletes

Violation of any of the above sections

  • Loss of privilege to compete in intercollegiate athletics at Geneseo in the current academic year or longer
  • Temporary or permanent removal of leadership roles
  • Permanent loss of athletic eligibility at Geneseo

Student Organizations

Violations of the above sections

  • De-registration and a report to a national organizing body (if applicable)
  • Organizational suspension for at least one year
  • Permanent ineligibility for registration

Due Process Prior to Conduct and Interim Actions:

  1. Geneseo may use interim suspension or other interim action for students who commit a COVID-19-related violation during the pendency of the investigation and adjudication process as provided by its Code of Conduct.
  2. Geneseo shall determine whether students can participate in their coursework remotely during the investigative and adjudicative process.
  3. Due to the continuing health threat presented by a student under investigation enrolling in another institution without such institution’s knowledge, during the pendency of such an investigation and adjudication, a hold shall be placed on a student’s transcript and release thereof.
  4. Geneseo’s Amnesty and Good Samaritan policies and principles that are already in campus policy to encourage disclosure of violations of federal, state, or local law or campus policy or participation in an investigation or adjudication of such a violation may apply to potential violations of the provisions of this policy.
  5. Geneseo may consider a student’s financial and other exigent circumstances in resolving a violation.

Generally and as it relates to this policy, students shall retain all rights to expression as protected under the First Amendment. This policy shall apply equally to all students, regardless of membership in a protected class.

Multiple findings of responsibility, even for lower-level offenses, may result in graduated levels of sanction, up to and including permanent dismissal. Additionally, findings of violations during periods when a campus is partially or completely closed (or on pause), under the standards established by the New York State Department of Health and SUNY Chancellor, may result in elevated levels of sanction. All sanctions established in this policy serve as the minimum, and campuses have discretion to enact higher sanctions where merited.

A finding of responsibility and applied sanction of suspension or dismissal shall, consistent with SUNY policy, leave the respondent ineligible for refund of tuition, room, board, or fees, and the student will be responsible for all amounts owed.

I(A) - COVID-Positive Intentional Violations

For students who know that they have tested positive for COVID-19, from one or more positive tests, or students who know they have had close contact with someone who has tested positive for COVID-19 or been treated or is symptomatic for COVID-19, and then intentionally expose other students by any means—including, but not limited to, visiting with the COVID-19 positive-tested person in an enclosed area or inviting that person to the student’s room, apartment, or other enclosed space, sharing food or other personal items, or hosting a gathering of any size

Possible sanctions:

  • suspension from academic access (including distance learning) and housing for no less than one calendar year
  • permanent dismissal from SUNY Geneseo

A student suspended or dismissed from a SUNY campus for a positive intentional violation shall be ineligible for admission to any other SUNY institution during the pendency of their sanction.

I(B) - Failure to Self-Isolate

For students who have been directed by the institution or the state or local Department of Health to self-isolate (because they have tested positive for COVID-19) on or off campus, and then engage in any conduct that would violate such isolation order—including, but not limited to, intentionally leaving isolation, exposing other individuals, including students (whether in isolation or not) by visiting with them in an enclosed area, by inviting them to the student’s room, apartment, or other enclosed space, by sharing food or other personal items, or by hosting a gathering of any size

Possible sanctions:

  • suspension from academic access (including distance learning) and housing for no less than one calendar year
  • permanent dismissal from SUNY Geneseo

A student suspended or dismissed from SUNY Geneseo for a failure to self-isolate violation shall be ineligible for admission to any other SUNY institution during the pendency of their sanction. Failure to follow the directions of state or local Health Departments or the provisions of Executive Orders (including but not limited to New York State on Pause) may also result in fines, criminal prosecution, or referral to relevant government agencies.

I(C) - Failure to Quarantine

For students who have been directed by SUNY Geneseo or the state or local Department of Health to complete a quarantine period (mandatory or precautionary), on or off campus, and then engage in any conduct that would violate such quarantine order

Possible sanctions:

For residential students

  • suspension from housing with continued access to academic program via remote learning only (if available and as subject to campus policy and process)
  • academic and housing suspension
  • permanent dismissal from SUNY Geneseo

For non-residential students

  • suspension from academic access to campus of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic suspension
  • permanent dismissal from SUNY Geneseo

Failure to follow the directions of state or local Departments of Health may also result in fines, criminal prosecution, and referral to relevant government agencies.

II(A) - Prohibited On-Campus Gathering (Hosts)

For students who host an on-campus gathering of any size, whether indoor or outdoor, that violates or exceeds campus housing policy and/or the current limitation published by SUNY Geneseo, Executive Order, or the state or local Department of Health. For more information please visit the Residence Hall Visitation Guidelines.

Possible sanctions:

  • suspension from housing of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic and housing suspension of at least one year
  • permanent dismissal from SUNY Geneseo

For covered gatherings, all individuals who are on the housing contract or living at the location shall be considered a host unless it can be shown that they were not present and played no part in organizing, hosting, or advertising the event.

II(B) - Prohibited On-Campus Gathering (Attendee)

For students who attend a gathering of any size (but not as host), whether indoor or outdoor, that violates or exceeds campus housing policy and/or the current limitation published by SUNY Geneseo, Executive Order, or the state or local Department of Health. For more information please visit the Residence Hall Visitation Guidelines

Possible sanctions:

For residential students

  • suspension from housing with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic and housing suspension
  • permanent dismissal from SUNY Geneseo

For non-residential students

  • suspension from academic access to campus of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic suspension
  • permanent dismissal from SUNY Geneseo

III(A) - Prohibited Off-Campus Gathering (Hosts)

Acts that occur off campus in violation of physical distancing requirements under law, regulation, order, or campus policy present significant health and safety threats on campus and have a nexus to continued functioning of SUNY Geneseo.

For students who host an off-campus gathering of any size, indoor or outdoor, that exceeds the current limitation published by SUNY Geneseo, Executive Order, or the state or local Department of Health. For more information please visit the Off Campus Policies and Expectations During COVID-19

Possible sanctions:

  • suspension from in-person attendance at SUNY Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • suspension of at least one year,
  • permanent dismissal from SUNY Geneseo

For covered gatherings, all individuals who are on the lease (or a member of their family who is on the lease), pay rent, or live at the location shall be considered a host unless it can be shown that they were not present and played no part in organizing, hosting, or advertising the event.

III(B) - Prohibited Off-Campus Gathering (Attendee)

Acts that occur off campus in violation of physical distancing requirements under law, regulation, order, or campus policy present significant health and safety threats on campus and have a nexus to the continued functioning of SUNY Geneseo.

For students who attend a gathering of any size (but not as host), whether indoor or outdoor, that exceeds the current limitation published by SUNY Geneseo, Executive Order or the state or local Department of Health. For more information please visit the Off Campus Policies and Expectations During COVID-19

Possible sanctions:

For residential students

  • suspension from housing with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • suspension from in-person attendance at Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic and housing suspension
  • permanent dismissal from SUNY Geneseo

For non-residential students

  • suspension from in-person attendance at SUNY Geneseo of at least one year with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic suspension
  • permanent dismissal from SUNY Geneseo

IV - Face Mask and Social Distancing Requirements

For students found to have committed repeated and/or intentional violations of face mask/covering or social distancing requirements of SUNY Geneseo, Executive Order, or the state or local Department of Health

Possible sanctions:

  • suspension from academic and/or housing access with continued access to academic programs via remote learning only (if available and as subject to campus policy and process) (corrected 10/15/2020)
  • academic and/or housing suspension
  • permanent dismissal from SUNY Geneseo

V - Contact Tracing

For students who repeatedly fail to comply, whether intentionally or unintentionally (unless it can be shown that the student was genuinely not reached by contact tracers through no failure on their part), with COVID-19 contact tracing efforts conducted by SUNY Geneseo or the state or local Department of Health

Possible sanctions:

  • suspension from academic and/or housing access with continued access to academic programs via remote learning only (if available and as subject to campus policy and process)
  • academic and/or housing suspension
  • permanent dismissal from SUNY Geneseo

VI - Failure to Comply with Campus Health Protocols

For students who fail to attend at least two scheduled appointments, without sufficient excuse, to obtain diagnostic or surveillance COVID-19 testing under Geneseo’s published protocol, SUNY Geneseo shall undertake conduct action to enforce compliance.

Possible measures:

  • interim suspension
  • administrative measures to electronically deactivate card access and restrict access to any buildings with the exception of access required to obtain health care services

Students whose access has been restricted shall be ineligible to attend in-person classes (though they may continue in remote coursework only, if available and as subject to campus policy and process), and their parking privileges on campus may be temporarily revoked such that their car may be ticketed or towed if parked on campus.

Restricting access to the campus and revoking parking privileges are administrative actions that are not disciplinary in nature, and students may revive full access by obtaining a diagnostic or surveillance test or by submitting negative results of a diagnostic or surveillance test, as applicable. SUNY Geneseo shall notify students of the reduction of access. Coming to campus or seeking access to a campus building or course without curing this deficiency shall be considered trespassing and may result in investigation and conduct action.

For students who fail to submit their daily health screening via SUNY Geneseo’s supplied portal for at least three consecutive days, without sufficient excuse, Geneseo shall undertake conduct action to enforce compliance.

Possible measures:

  • interim suspension
  • administrative measures to electronically deactivate card access and restrict access to any buildings

Students whose access has been restricted shall be ineligible to attend in-person classes (though they may continue in remote coursework only, if available and as subject to campus policy and process), and their parking privileges on campus may be temporarily revoked such that their car may be ticketed or towed if parked on campus.

Restricting access to the campus and revoking parking privileges are not disciplinary in nature, and students may revive full access by submitting their daily health screening. Coming to campus or seeking access to a campus building or course without curing this deficiency shall be considered trespassing and may result in investigation and conduct action.

VII - Student Athletes

For student athletes, in addition to the other provisions of this policy, a finding of responsibility for any violation detailed above in Sections I, II, and/or III, or repeated violations of other provisions above, may also include, at a minimum

Possible outcomes:

  • loss of privilege to compete in intercollegiate athletics at Geneseo in the current academic year or longer
  • temporary or permanent removal of leadership roles
  • permanent loss of athletic eligibility at Geneseo

For student athletes found responsible for any violation detailed above in Sections I(A), I(B), or I(C)

Additional possible outcomes:

  • permanent loss of the privilege of competing in intercollegiate athletics at Geneseo
  • temporary or permanent removal of leadership roles

Such consequences may also impact NCAA or other conference or association eligibility (pursuant to applicable rules).

VIII - Student Organizations

For registered student organizations, whether on or off campus, academic, social, athletic, or of any other nature, that have one or more members who know that they have tested positive for COVID-19, from one or more positive tests, or members who know they have had close contact with someone who has tested positive for COVID-19 or been treated or is symptomatic for COVID-19, and are found to have hosted a gathering of any size, indoor or outdoor, on campus or off campus, that exceeds the current limitation published by SUNY Geneseo, Executive Order or the state or local Department of Health

Possible outcomes:

  • de-registration and a report to a national organizing body (if applicable)
  • permanent ineligibility for registration

For registered student organizations, whether on or off campus, academic, social, or of any other nature, that are found to have hosted a gathering of any size, indoor or outdoor, that exceeds the current limitation published by SUNY Geneseo, Executive Order or the state or local Department of Health

Possible outcomes:

  • de-registration and a report to a national organizing body (if applicable)
  • organizational suspension for at least one year
  • permanent ineligibility for registration

For student members of an organization found to have engaged in conduct described in either paragraph of this section, who themselves individually organized or participated in such a gathering,

Additional possible outcomes:

  • loss of membership and/or officer status in the organization (where applicable)