ITHACA COLLEGE
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VOLUME VII
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7.1 General Student PoliciesFERPA
-- Student Conduct Code -- Services
for Students with Disabilities --
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Any action or situation involving verbal, mental,
or physical assault and/or abuse, including harassment, intimidation,
or other conduct that recklessly or intentionally endangers or threatens
the health, safety, or welfare of any person on College-owned or
-leased property or at College-sponsored activities, is prohibited
and is cause for disciplinary action.*
This provision includes bias-based acts that violate another person's
rights as described in section 7.1.2.2.1
under "Freedom from Discrimination." [III.E.1] |
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All forms of sexual offense are expressly prohibited.
[III.E.2] |
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Disruptive, excessively noisy, or indecent conduct
is cause for disciplinary action. [III.E.3] |
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The College prohibits a student from engaging in
or threatening to engage in behavior that poses a danger of causing
physical harm to the student's self. [III.E.4] |
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Hazing, defined as intentionally or recklessly
subjecting any person to the risk of bodily harm, or severe emotional
distress, subjecting a person to treatment intended to put that
person in a humiliating or disconcerting position, or causing or
encouraging any person to commit an act that would be a violation
of law or college regulations for the purpose of initiating, promoting,
fostering, or confirming any form of affiliation with any group,
including, but not limited to, registered organizations or athletic
teams on College-owned or -operated property or at College-sponsored
activities is prohibited and is cause for disciplinary action.* |
| Examples of hazing include, but are not limited
to: forced consumption of alcohol, drugs, or any other substances;
sleep deprivation; use of alcohol in drinking games or contests;
paddling; forced tattooing or branding; creation of excessive fatigue;
severe psychological shocks or humiliation (as determined by a reasonable
person under all the circumstances); compulsory servitude; theft
or misuse of property belonging to others. |
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| It shall not constitute a defense to the charge
of hazing that the participant(s) took part voluntarily, that they
voluntarily assumed the risks or hardship of the activity, or that
no injury, physical or mental, in fact was suffered. All participants
in hazing action are subject to disciplinary action. [III.E.5] |
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Possession or use of firearms, ammunition, fireworks,
or other dangerous substances or weapons on College-owned or -operated
property is strictly forbidden and is cause for disciplinary action.
Ithaca College adheres to all New York State laws regarding firearms,
ammunition, fireworks, and other dangerous substances or weapons.*
Note: Firearms, ammunition, or other dangerous weapons
or substances must be stored at the Office of Public Safety. Permission
for release must be secured in advance. [III.E.6] |
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False fire alarms, false reports of fire or other
dangerous conditions, failure to respond to fire alarms, and tampering
with fire equipment are all cause for disciplinary action. [III.E.7] |
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Recklessly or intentionally starting a fire or causing an explosion is cause for disciplinary action. [III.E.8] |
Students are not allowed to have animals on campus, except as described in the "Rules and Regulations" (section 7.5.2 of this volume) and at www.ithaca.edu/reslife/handbookindex.htm.
As amended by the Ithaca College Board of Trustees May 18, 2001.
Note: The use of drugs and/or alcohol shall in no way limit the responsibility of students for the consequences of their actions.
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Ithaca College adheres to all New York State laws regarding alcoholic
beverages. Persons under the age of 21 are prohibited from purchasing,
possessing or consuming any type of alcoholic beverage anywhere
on campus at any time, including all residence hall rooms and apartments.
Students age 21 or older may possess and consume alcohol in any
residence hall room or apartment, but they are prohibited from purchasing
alcohol for or providing alcohol to minors. Students are responsible
for adhering to all policies and guidelines regarding use of alcohol
that are contained within the Ithaca College Student Conduct Code,
Ithaca College Campus Event Policy (section 2.8.8.6
of Volume II), and the Residential Life Rules and Regulations
(section 7.5.2 of this volume).
[III.G.1] |
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All persons including members of the campus community, guests,
and participants in College-sponsored functions are prohibited from
being in possession of open containers of any type of alcoholic
beverage in public areas on campus, unless at a registered event. [III.G.2] |
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Possession of multiple-quart containers (kegs, beer balls, wine
boxes, or any container that has a tap) is prohibited in residence
hall rooms at all times. Possession of multiple-quart containers
(excluding kegs) is permitted in College-owned or operated apartments
but only at registered gatherings. The size of the various apartments
will be considered in approving the number of 21-year-old students
who will be approved to attend a gathering, and therefore, the amount
of alcohol, which will be permitted. (See the Ithaca College Campus
Event Policy in section
2.8.8.6.1 of Volume II of the Ithaca College Policy Manual).
[III.G.3] |
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Consuming alcohol to the point where the student's behavior poses
a danger of causing physical harm to her/himself and/or others is
a violation of both section 7.1.2.3.5,
4 and number 1 of this section of the Ithaca College Student Conduct
Code and section 7.5.2, 1 and 10m
(Residential Life Rules and Regulations). Any irresponsible use
of alcohol, including drinking games, is a violation of policy.
[III.G.4] |
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The possession of alcoholic beverages at intercollegiate athletic
events is prohibited and cause for disciplinary action. [III.G.5] |
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Note: Illegal parties or groups in and around residence
hall rooms or College-owned or -leased apartments where alcohol
is present can be confronted and disbanded by staff from the Office
of Public Safety, Office of Residential Life and Judicial Affairs,
or other College officials if there are violations of the Ithaca
College Student Conduct Code or Ithaca College Campus Event Policy.
Public safety and residential life and judicial affairs staff and
other College officials are permitted to direct students to dispose
of alcohol where students are in violation of the College's alcohol
policy and/or New York State law. Public safety staff have the authority
to confiscate any alcohol.
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Note: Specific information regarding the Ithaca College
Student Campus Event Policy may be obtained from the Office of Campus
Center and Activities, Office of Public Safety, or Office of Residential
Life and Judicial Affairs (or in section
2.8.8.6 of Volume II of the Ithaca College Policy Manual).
Individuals and/or groups sponsoring events should be familiar with
this policy. |
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6. |
Ithaca College adheres to all local, New York State, and federal laws regarding drugs. The possession, use, manufacture, purchase, distribution, or sale of prohibited and controlled substances-including, without limitation, illegal drugs or drug paraphernalia, or prescription drugs without a prescription-is prohibited and is cause for disciplinary action. The Ithaca College Office of Public Safety is authorized to investigate alleged violations of state, federal, or local laws with respect to the possession, use, manufacture, purchase or sale of drugs. [III.G.6] |
7.1.2.3.8 Property [III.H]
7.1.2.3.9 Solicitation [III.I]
Students may not sell, solicit, advertise, or canvass on College-owned or -operated property or solicit parents, alumni, or members of the campus community without advance authorization from the appropriate administrative agency. Students are responsible for abiding by all rules, regulations, and guidelines contained within the Ithaca College Student Campus Event Policy and the Ithaca College Campus Solicitation and Advertising Policy in section 2.12 of Volume II of the Ithaca College Policy Manual.
Note: Applications and further information about solicitations are available in the Office of Campus Center and Activities.
Violation of any written College policies or regulations (including, but not limited to, section 7.5 of this volume; residence hall contract; Guide to Student Leadership and Organization Development; and Parking Regulations from the Office of Public Safety Parking and Traffic Services) is cause for disciplinary action.
Violations of civil statutes committed on College-owned or -operated property are considered violations of this code, whether or not such violations are referred to and/or prosecuted by public officials. Many such violations, including all violations classified as felonies under the New York State Penal Law, will be referred to the appropriate civil authorities and will also be addressed through the Ithaca College judicial system.
See section 2.31 of Volume II of this Policy Manual for the Rules for the Maintenance of Public Order.
7.1.2.4 Administrative Hearing Process [IV]
As amended by the Ithaca College Board of Trustees April 14, 2000 and October 13, 2006.
When a nonacademic incident occurs involving an Ithaca College student's alleged violation of any rule or regulation outlined in the "Statement of Responsibilities," policies provided in section 7.1.2.3 or in the residential life rules and regulations, the matter will be handled according to the following procedures unless the incident occurs at the end of an academic year and involves a graduating senior. For an incident involving a graduating senior, the College shall be permitted to modify the steps in the hearing procedure to allow for resolution of the matter prior to commencement:
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The incident is documented. |
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2. |
The documentation is then forwarded to the director of judicial
affairs or other appropriate administrative hearing officer, who
will determine if the student will be charged for the alleged violation(s)
of the student conduct code. |
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When a student is charged, the student will be notified in writing
by the director of judicial affairs or other appropriate administrative
hearing officer. This written notice will include the section(s)
of the residential life rules and regulations and/or the student
conduct code allegedly violated; a brief description of the incident;
the date, time, and location of occurrence, if available; and an
appointed time to meet with the designated hearing officer. The
letter will include instructions for rescheduling the meeting should
the student have a conflict with the scheduled time. The letter
will include a statement indicating that if the student fails to
appear for the meeting, that student waives the student's right
to this administrative hearing process and a decision regarding
responsibility and sanction will be assessed based on the available
evidence. This judicial charge notice must be received by the student
at least 72 hours before an administrative hearing is convened
to consider the matter. |
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Students who fail to appear at the appointed time or fail to reschedule
prior to the time of the original appointment waive their right
to a hearing and may be assessed an appropriate sanction by the
judicial hearing officer if responsibility is determined based on
the evidence available. |
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The administrative hearing is a one on one meeting between the student and the judicial hearing officer. The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited. In the administrative hearing with the judicial hearing officer,
the administrative procedures and charges will be explained, documentation
and evidence will be reviewed, and the student will be provided
the opportunity to have all pertinent questions answered. At the
hearing the student and the judicial hearing officer will discuss
the relevant information from the incident as well as any other
information that the student or the judicial hearing officer deems
appropriate. |
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This hearing will result in one of the following possible outcomes: |
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The student who has been charged under the student conduct code may at the conclusion of the administrative hearing process choose to accept the decision/sanction or choose to have the case heard before the conduct review board. (See section 7.1.2.5.) If a case involves a graduating senior, the decision of the judicial hearing officer is final unless the decision/sanction involves withholding of a transcript or diploma, suspension, or expulsion. A decision/sanction involving withholding of a transcript or diploma, suspension, or expulsion may be appealed to the vice president for student affairs and campus life or designee. |
The student may also choose to have a conduct review board hear the student's case if the student has been charged under the residential life rules and regulations and the hearing officer has imposed a sanction of residence hall reassignment, residence hall restriction, and/or termination of the student's housing contract. No other sanctions imposed by a hearing officer regarding the residential life rules and regulations carry with them the option of a conduct review board hearing.
A written request for a conduct review board hearing must be received by the director of judicial affairs within 72 hours of the written notification of the sanction(s) from the administrative hearing.
In the event that a student is eligible to have the student's case heard before a conduct review board and chooses to do so, the decision rendered in the administrative hearing becomes null and void, and the student continues without sanction until the conduct review board hearing process is completed.
As amended by the Ithaca College Board of Trustees October 13, 2006.
Note: The director of judicial affairs may appoint a designee, when or where appropriate, to perform the functions delegated to the director in the following procedural sections.
The Ithaca College Conduct Review Board is charged with the responsibility of protecting and enforcing the rules and regulations set down in the "Statement of Responsibilities," policies, and appendices of sections 7.1 and 7.5 of this volume. It will hear cases of alleged misconduct by Ithaca College students.
Each year the director of judicial affairs, in cooperation with constituent councils or congresses, will select conduct review board justices from student, faculty, and administrator and staff applicants to serve for one-year terms. The membership at each conduct review board hearing will be drawn from this group.
If a student is eligible to have the student's case heard before the conduct review board (see section 7.1.2.4, #7) and chooses to do so, the procedure will be as follows:
Note: In cases involving charges of sexual assault, the alleged victim is provided the following rights consistent with the accused in conduct review board and appeal board proceedings:
The possible sanctions that can be imposed as the result of a case of sexual assault follow the same range of sanctions available in any incident of policy violation at Ithaca College. (See section 7.1.2.8 of this document.) Ithaca College reserves the right to summarily remove a student from College housing or from the College campus pending a judicial hearing when such action is necessary to ensure the protection and welfare of the College community. (See section 7.1.2.7 of this document.)
The student may appeal a decision by the conduct review board in writing to the director of judicial affairs within three (3) College business days after the student has received written notification of the decision. The appeal board will be chosen on a rotational basis from the membership of the conduct review board justices who were not involved in the original hearing and will be composed of two students and one nonstudent. Should the student believe that any voting board member is biased or could not render an impartial judgment, the student may challenge that individual's participation in the appeal board hearing. The director of judicial affairs will rule on all such challenges, and the director's decision will be final.
Note: Any sanction imposed by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) will be in effect as stated in the sanction letter throughout the period of time that a final appeal is being considered. In the event that a sanction decision of suspension or expulsion is amended as a result of the appeal process to allow the student to immediately continue the student's studies at the College, the student will be academically reinstated with consideration provided for missed class time.
For an appeal to be heard, the student must be able to fully demonstrate in writing to the director of judicial affairs one or more of the following:
Note: Any decision by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) resulting in suspension or expulsion from the College will carry with it the automatic right to an appeal hearing based on one or more of the above-stated grounds. In all other circumstances, the director of judicial affairs will make the determination whether the appeal request is substantiated and should be honored.
The appeal board will meet to consider the appeal only on the ground(s) alleged by the student. The student has the right to appear before the appeal board and to be present while any witness is testifying.
The appeal board may render one of the following decisions:
The decision of the appeal board will be subject to final review and decision by the vice president for student affairs and campus life (or designee). The student will be notified in writing of the decision within five (5) College business days of the appeal board hearing. Notification will include a sanction, if applicable.
7.1.2.6 Academic Misconduct Hearings [VI]
Note: A student has the right to maintain full participation in class, without sanction, until such time as any incident of alleged academic misconduct is adjudicated through the campus judicial system.
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The process for a faculty member and student to reach a mutual
agreement regarding an incident of alleged academic misconduct is
initiated by the faculty member, who will make every effort to meet
with the student to discuss the situation. |
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If a student accepts responsibility for the violation, the student
will be asked to sign an agreement letter with the faculty member,
accepting responsibility for the academic misconduct. Academic sanction(s)
(e.g., a change of grade, additional assignment) for this misconduct
will be determined by the faculty member and included in the agreement
letter. Should the student not agree with the academic misconduct
charges and/or choose not to sign the agreement letter, the matter
will be addressed through the academic conduct review board process.
(See section 7.1.2.6, Parts C and D.) |
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Should the matter be resolved between the faculty member and the
student, the faculty member will forward copies of the agreement
to the dean of the appropriate school and to the director of judicial
affairs. The director of judicial affairs, will also impose a College-wide
sanction under this code. Such sanction will become part of the
student's judicial file. The student will receive a copy of the
agreement letter from the faculty member as well as the sanction
letter from the director of judicial affairs. In addition, copies
of these letters may be forwarded to the student's parents at the
discretion of the faculty member and/or director of judicial affairs. |
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Note: Any repeated incident of acknowledged or proven
academic misconduct most likely will result in either suspension
or expulsion from the College. A decision of suspension or expulsion
may also be reached on the basis of one academic misconduct infraction. |
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If, after the director of judicial affairs has received the signed
dishonesty agreement and reviewed the student's judicial history,
it is determined that the student has previously been found responsible
for academic misconduct, the case and the student's judicial history
will be forwarded to the associate provost. The director of judicial
affairs will send notification to the student informing the student
of this action. |
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The associate provost (or designee) will schedule and conduct a
sanction hearing with the student within five (5) College business
days of the receipt of the case. If the student fails to appear
for this sanction hearing, the associate provost (or designee) may
proceed in the student's absence. The associate provost (or designee)
will notify the student in writing of his/her decision within five
(5) College business days of the sanction hearing. |
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Any appeal of the associate provost's (or designee's) decision
would be directed to the provost and vice president for academic
affairs. This appeal must be received in writing within three (3)
College business days of the receipt of the written notification
of the associate provost's (or designee's) decision. |
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For an appeal to be heard, the student must be able to fully demonstrate
in writing to the provost and vice president for academic affairs
one or more of the following: |
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Note: Any sanction imposed by the associate provost
(or designee) will be in effect, as stated in the letter of notification,
throughout the period of time that a final appeal is being considered.
In the event that a sanction decision of suspension or expulsion
is amended as a result of the appeal process to allow the student
to immediately continue the student's studies at the College, the
student will be academically reinstated with consideration provided
for missed class time. |
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The provost and vice president for academic affairs (or designee)
will notify the student in writing of his/her decision within five
(5) College business days of receipt of the appeal letter. |
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Matters of alleged academic dishonesty that are not resolved between
the faculty member and student will be referred to the director
of judicial affairs by the faculty member or by the student. These
cases will be heard by the academic conduct review board. If the
student is found in violation, the academically related sanction
will be imposed by the faculty member; the academic conduct review
board will determine the appropriate College-wide sanction. |
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All cases referred to the academic conduct review board will be
heard according to the following procedures. |
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The student may appeal decisions by the academic conduct review board in writing to the director of judicial affairs within three (3) College business days after the student has received written notification of the decision. The appeal's board will be chosen on a rotational basis from the membership of the conduct review board justices who were not involved in the original hearing and will be composed of two students and one faculty member. Should the student believe that any voting board member is biased or would not render an impartial judgment, the student may challenge that individual's participation in the appeal board hearing. The director of judicial affairs will rule on all such challenges, and the director's decision will be final.
Note: Any sanction imposed by the associate provost (in final review of the academic conduct review board's decision) will be in effect as stated in the sanction letter throughout the period of time that a final appeal is being considered. In the event that a sanction decision of suspension or expulsion is amended as a result of the appeal process to allow the student to immediately continue the student's studies at the College, the student will be academically reinstated with consideration provided for missed class time.
For an appeal to be heard, the student must be able to fully demonstrate in writing to the director of judicial affairs one or more of the following:
Note: Any decision by the associate provost (in final review of the academic conduct review board's decision) resulting in suspension or expulsion from the College will carry with it the automatic right to an appeal hearing based on one or more of the above-stated grounds. In all other circumstances, the director of judicial affairs will make the determination whether there are valid grounds for appeal.
The appeal board will consider the appeal only on the ground(s) alleged by the student. The student has the right to appear before the appeal board and to be present while any witness is testifying.
The appeal board may render one of the following decisions:
The decision of the appeal board will be subject to final review and decision by the provost and vice president for academic affairs (or designee). The student will be notified in writing of the decision within five (5) College business days of the appeal board hearing. Notification will include a sanction, if applicable.
7.1.2.7 Special Provisions [VII]
Note: The director of judicial affairs may appoint a designee, when or where appropriate, to perform the functions delegated to him/her in this section.
If it is not reasonably possible to convene the conduct review board as constituted and if the director of judicial affairs decides that prompt review is essential to appropriate resolution of the case, the director of judicial affairs may convene and chair a three-person board made up of members of the conduct review board to hear the case and make a decision.
The director of residential life (or designee) may, subject to prompt review, remove a student from living within any College-owned, -leased, or -operated facilities and require the student to live off campus when, in the director of residential life's (or designee's) judgment, such immediate steps must be taken to protect the health, safety, and welfare of campus residents or property. Persons under summary removal from the College housing system shall not be allowed in any Ithaca College residence hall or other College-owned, -leased, or -operated housing facility unless given permission by the director of residential life (or designee).
The conduct review board must review a summary removal within six (6) College business days. The decision of the conduct review board will be subject to final review and decision by the associate vice president for student affairs and campus life (or designee). All procedures for this hearing are outlined in section 7.1.2.5. The student may waive in writing the right to a hearing before the conduct review board and request the director of judicial affairs to adjudicate the case. If, as a result of the judicial hearing, it is concluded that the student's behavior warrants immediate termination of the student's housing agreement, the student will not be refunded any room fees.
The student may appeal the sanction imposed by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) as outlined in section 7.1.2.5.2.
In the event that a student had opted to have the case adjudicated by the director of judicial affairs, the appeal will be considered by the vice president for student affairs and campus life. The student must file an appeal in writing within three (3) College business days of the written notification of the hearing decision.
For an appeal to be heard, the student must be able to fully demonstrate in writing to the vice president for student affairs and campus life (or designee) one or more of the following:
Note: Any decision by the director of judicial affairs resulting in suspension or expulsion from the College will carry with it the automatic right to an appeal hearing based on one or more of the above-stated grounds. In all other circumstances, the vice president for student affairs and campus life (or designee) will make the determination whether the appeal request is substantiated and should be honored.
The vice president for student affairs and campus life (or designee) will consider the appeal only on the ground(s) alleged by the student.
The vice president for student affairs and campus life (or designee) may render one of the following decisions:
The student will be notified in writing of the decision within five (5) College business days of the appeal board hearing. Notification will include a sanction, if applicable.
Note: Any sanction imposed by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) or director of judicial affairs will be in effect as stated in the sanction letter throughout the period of time that a final appeal is being considered.
The vice president for student affairs and campus life (or designee) may, subject to prompt review, summarily suspend a student from the College if, in his/her judgment, such action is necessary for protecting the health, safety, and welfare of the College or any member of the College community. Summary suspensions must be reviewed by the conduct review board within six (6) College business days. The decision of the conduct review board will be subject to final review and decision by the associate vice president for student affairs and campus life (or designee). All procedures for this hearing are outlined in section 7.1.2.5. The student may waive in writing the right to a hearing before the conduct review board and request that the case be adjudicated by the director of judicial affairs.
Persons under summary suspension shall not be allowed on the Ithaca College campus unless given permission by the director of public safety (or designee).
The student may appeal the sanction imposed by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) as outlined in section 7.1.2.5.
In the event that a student had opted to have the case adjudicated by the director of judicial affairs, the appeal will be considered by the vice president for student affairs and campus life. The student must file an appeal in writing within three (3) College business days of the written notification of the hearing decision.
For an appeal to be heard, the student must be able to fully demonstrate in writing to the vice president for student affairs and campus life one or more of the following:
Note: Any decision by the director of judicial affairs resulting in suspension or expulsion from the College will carry with it the automatic right to an appeal hearing based on one or more of the above-stated grounds. In all other circumstances, the vice president for student affairs and campus life (or designee) will make the determination whether the appeal request is substantial and should be honored.
The vice president for student affairs and campus life (or designee) will consider the appeal only on the ground(s) alleged by the student.
The vice president for student affairs and campus life (or designee) may render one of the following decisions:
The student will be notified in writing of the decision within five (5) College business days of the appeal board hearing. Notification will include a sanction, if applicable.
Note: Any sanction imposed by the associate vice president for student affairs and campus life (in final review of the conduct review board's decision) or director of judicial affairs will be in effect as stated in the sanction letter throughout the period of time that a final appeal is being considered.
Students associated with the Ithaca College Physical Therapy Program or the Ithaca College Communications Program in Los Angeles will receive information specific to the program in which they are participating that outlines the housing rules and regulations, statement of responsibilities, standards for appropriate behavior, and procedures to be used for dealing with violation(s) of these policies, rules, and regulations. A student's prior judicial history from the Ithaca College campus will be taken into consideration in determining an appropriate sanction for any violations of policies or regulations while in the respective program. Similarly, any judicial sanctions imposed while a student is participating in the Ithaca College Physical Therapy Program or the Ithaca College Communications Program in Los Angeles will also become a part of a student's Ithaca College judicial record.
Aa amended by the Ithaca College Board of Trustees February 19, 1998.
Participation in the London program or other Ithaca College-sponsored study abroad programs is a privilege. Students associated with the London program or other Ithaca College-sponsored study abroad programs will receive information specific to the program in which they are participating that outlines the responsibilities, standards, and expectations for appropriate behavior, and procedures to be used for dealing with violations of these policies, rules, regulations, and expectations. Students participating in the London program or other Ithaca College-sponsored study abroad programs are responsible for adhering to the Ithaca College Student Conduct Code as well as all statements of responsibilities, standards, and expectations from the Office of International Programs. The Ithaca College Student Conduct Code as well as all statements and expectations from the Office of International Programs shall apply to all conduct while on any and all lands or facilities owned, leased, or operated by Ithaca College as well as to all conduct while at any location where a student is engaged in a College activity. Examples include, but are not limited to, travel on academic field trips, other College-sponsored or -coordinated travel, and participation in College-sponsored activities or events off campus. Failure to abide by the Ithaca College Student Conduct Code and/or all statements of responsibilities, standards, and expectations from the Office of International Programs may result in the loss of privilege to participate in the program and/or judicial action. A student's prior judicial history from the Ithaca College campus will be taken into consideration in determining an appropriate sanction for any violations(s) of the Ithaca College Student Conduct Code as well as all statements of responsibilities, standards, and expectations from the Office of International Programs. Similarly, any judicial sanctions imposed due to conduct while a student is participating in the London program or other Ithaca College-sponsored study abroad programs will also become a part of a student's Ithaca College judicial record.
7.1.2.8 Sanctions [VIII]
In the case of a violation(s) of the student conduct code and/or residential life rules and regulations, one or more of the following sanctions may be imposed by the appropriate judicial hearing officer.
Specific sanctions are not necessarily associated with particular violations. In determining the appropriate sanction(s), the hearing officer or board will consider the severity of the offense; judicial precedent for similar offenses; the student's judicial history, if any, for previous violations of the student conduct code and/or residential life rules and regulations; and any other mitigating factors.
Any student presently not under academic code or disciplinary probation, termination from housing, deferred suspension, or suspension or expulsion from the College is considered in good judicial standing.
Sanctions are defined as follows:
Written notice to the student indicating that continuation or repetition of misconduct may result in further disciplinary action.
7.1.2.8.3 Restitution**
Reimbursement to the College or another party for the value of any damaged, destroyed, or misappropriated property.
7.1.2.8.4 Special Projects or Programs**
Required participation in, and/or development of, projects and/or programs; verbal or written apology; or the completion of a research paper on a relevant topic that specifically addresses a student's behavior. Failure to complete the project or program satisfactorily and by the assigned completion deadline may result in further disciplinary action.
7.1.2.8.5 Community Service**
Required service to the College or community. This sanction may be imposed when, in the view of the hearing officer or board, the student's actions have infringed on the community in some manner, necessitating the student providing positive service back to the community. The amount of service and deadline for its completion will be described in the judicial hearing and written notice to the student. The nature of the service will be determined in a meeting between the student and the staff member serving as the community service coordinator. Failure to complete the service assignment satisfactorily and by the assigned deadline may result in further disciplinary action.
7.1.2.8.6 Loss of Privileges**
Exclusion from specifically stated facilities, services, or activities for a designated period of time. Examples include, but are not limited to, loss of driving or parking privileges, prohibition from entering certain or all residence halls or College-owned or -leased apartments, prohibition from attendance at or participation in College-sponsored activities, room change restrictions, and prohibition from sponsoring events.
7.1.2.8.7 Disciplinary Probation**
A formal written notice to the student indicating the student is expected to refrain from any further violations of the College rules and regulations. A period of probation (not less than one full semester) will be noted. Subsequent violations may result in stronger judicial sanctions and loss of privileges, including possible suspension or expulsion from the College.
7.1.2.8.8 Residence Hall Reassignment**
In the event that in the judicial hearing officer's or board's assessment the student and/or the residential community would be better served by the student's living in a different location, the student may be reassigned to another campus residence hall or College-owned, -leased, or -operated apartment. If the period of reassignment is for other than the duration of the current academic year, it will be specified in the notice of reassignment.
7.1.2.8.9 Termination of Residence Hall Contract**
The residence hall contract, which provides the student with residence hall or College-owned or -leased apartment living privileges, is revoked. Renewal is at the discretion of the director of residential life (or designee).
7.1.2.8.10 Academic Code Probation**
A formal written notice to the student indicating that the student is expected to refrain from any further acts of academic misconduct. Subsequent violations may result in suspension or expulsion from the College.
7.1.2.8.11 Deferred Suspension**
A formal written notice of final warning to the student indicating that the student must refrain from any further violations of the College rules and regulations. Any subsequent violation is likely to result in suspension or expulsion from the College.
7.1.2.8.12 Suspension**
Removal from the College community for a definite period of time (not to exceed six semesters). The student must apply for readmission to the College when the period of suspension ends. The terms of readmission, if any, will be set forth in the notice of suspension.
7.1.2.8.13 Expulsion**
Permanent termination of the student's status at the College.
*These sections also comprise Ithaca College's "Rules for the Maintenance of Public Order" in compliance with section 6450 of the Education Law of the State of New York. Cases involving violation of the public order rules by nonstudents will be resolved according to the procedures found in Volume II, section 2.31.
**Denotes sanctions where a copy of the notification may be sent to the student's parents or guardians.
7.1.2.9 Judicial History, Crimes of Violence, and Parental Notification [IX]
7.1.2.9.1 Judicial History [IX.A]
Any time a student is found responsible for any violation(s) of College rules and regulations and, as a result, is sanctioned through a judicial hearing process, that sanction becomes a part of the student's judicial history. A student's judicial history is a confidential record of judicial action related to the student that is maintained in the Office of Judicial Affairs. (See section 7.1.2.2.9, "Freedom from Improper Disclosure.") A student's judicial history is maintained throughout the student's tenure at Ithaca College; judicial records are destroyed upon graduation from the College or after three years following a withdrawal from the College.
Note: Records of judicial suspension or expulsion from Ithaca College are permanently maintained by the Office of Judicial Affairs.
When a student is charged with any violations of College rules and regulations, the student's judicial history is subject to full review by the administrative hearing officer adjudicating the case. In addition, a conduct review board adjudicating a case will review a student's judicial history on any and all occasions that the student is found responsible for any violations of College rules and regulations. The reason for such review is that a student's judicial history is important factor in determining an appropriate judicial sanction in the current case. Such review will occur regardless of whether the sanction(s) for prior offense(s) are active or closed.
A crime of violence is defined as:
According to the Family Educational Rights and Privacy Act, an institution may release to an alleged victim of a crime of violence the results of any disciplinary hearing conducted against the alleged perpetrator of the crime. The alleged victim only has access to the results of the hearing. Information regarding the witnesses, other victims and evidence will be redacted. Victims are entitled to information only on the name of the alleged perpetrator, the violation committed, and the sanction imposed if any.
Ithaca College has chosen to share such information with alleged victims of a crime of violence. It should be clearly understood that the information shared under these circumstances is otherwise confidential and cannot be shared by the alleged victim with any other party.
In the event that a student is found responsible for any judicial violations, a copy of the letter of notification may also be sent by the director of judicial affairs (or designee) to the student's parents. The determination of parental notification will be based on the severity of the violation(s), the student's judicial history (if any), and/or any other relevant circumstances. Generally, parental notification occurs in instances that include, but are not limited to, judicial sanction(s) where a student's housing status or student status is in jeopardy or has been revoked. There will be an attempt to verbally inform the student of the parental notification, prior to the parents' receipt of this letter. Under federal law, parents of dependent students are entitled to obtain a student's judicial record upon request.
Last Updated: October 12, 2007 |
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This document is maintained by the Office of the College Attorney. Send comments to: Deb Emnett |