7.1 General Student Policies

7.1.2 Student Conduct Code

Approved by the Ithaca College Board of Trustees February 11, 1994.

This student conduct code is designed to promote the educational aims of Ithaca College and to outline the regulations and procedures of the College community regarding students' rights and responsibilities. This Ithaca College Student Conduct Code supersedes previous campus regulations in these areas.

Proposed changes to this student conduct code may be submitted to the president through the Office of Judicial Affairs and must be acted upon by the board of trustees, which has ultimate authority over and responsibility for the College.


7.1.2.1 Statement of Philosophy [I]

As amended by the Ithaca College Board of Trustees May 16, 2014.

As an academic community, Ithaca College is committed to providing an environment that encourages scholarship and personal growth. Students are expected to meet academic challenges. They are also expected to develop maturity, self-sufficiency, responsibility, self-understanding, and an understanding of and respect for the rights of others.

Academic communities differ from other communities in several ways. For the purpose of this code, two differences are particularly worthy of emphasis. First, the primary mission of educational institutions is the pursuit of knowledge. The environment must be conducive to teaching, learning, thought, and research. Second, campus living environments are unique. On a residential campus such as Ithaca College, students live in close proximity to one another and interact continuously in their day-to-day living. The potential for noise, disruptions, group activities, or other infringements upon the rights of community members is always present.

These differences make it imperative that members of this academic community be particularly sensitive to their individual responsibilities for respecting the rights of others, especially the right to quiet, thoughtful study. Preservation of the facilities and character of the institution for future generations is also essential. To this end, rules and regulations are necessary for the orderly conduct of the educational process and the institution. Such rules are incorporated in the Ithaca College Student Conduct Code. Ithaca College students are expected to abide by this code and by all local, state, and federal laws.

As an educational institution, Ithaca College is committed to the education of the whole person. This includes social, emotional, and physical, as well as intellectual, development. The basic philosophy of the Ithaca College judicial system and this code is educational in nature. The judicial process is not intended to punish students but instead to challenge students' moral and ethical decision making and to help them change their behavior and actions to meet our community standards. If a student is unable or unwilling to make changes in their behavior, the judicial process may determine that the student should no longer have the privilege of being a member of the on-campus or academic community.1.

The goals of the judicial system are to establish and enforce reasonable and clear limits designed to protect the community and the rights of its members, to develop and support a positive living and learning environment, to educate students regarding responsibility and accountability for actions, to encourage and foster self-insight and self-initiated change of behavior, to protect the rights of individuals accused of violating the College's rules and regulations, and to provide learning experiences for those who participate in the judicial system's ongoing maintenance and implementation.


7.1.2.2 Statement of Rights and Freedoms [II]

Freedom of inquiry and freedom of expression are essential elements in a campus community. Students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for knowledge. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. All members of the academic community have the responsibility to maintain and respect conditions conducive to learning. Students must exercise their freedom with maturity and responsibility.


7.1.2.2.1 Freedom from Discrimination

As required by law, no student shall be discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, marital status, national origin, disability, or handicap. In addition to accepting these legal requirements, Ithaca College, as an open community, does not discriminate on the basis of personal preferences, such as individual political affiliation, insofar as related behaviors do not conflict with institutional policies. Rights include, but are not limited to, eligibility for academic programs, activities, and employment, and use of facilities and housing. Freedom from discrimination includes the right of students to pursue academic study and to live in an environment free from bias-based harassment or intimidation.


7.1.2.2.2 Freedom of Inquiry

Students and student organizations are free to examine points of view that interest them. The student body is free to invite any person it chooses to address it on any topic as long the address does not disrupt the essential operation of the institution.


7.1.2.2.3 Freedom of Expression

Students and student organizations are free, publicly and privately, to hold discussions, pass resolutions, distribute leaflets, circulate petitions, and take other orderly action that does not disrupt the essential operation of the institution.

Communications media are free of censorship and advance approval of copy, and the editors and managers are free to develop editorial policies and news coverage with the understanding that students and student organizations speak only for themselves.


7.1.2.2.4 Freedom in the Classroom

Students are responsible for learning the content of courses of study but have the right to take reasoned exception to the data or views offered in the classroom. Students have the right to expect that course descriptions will reflect actual course content, to be informed of the standards on which evaluation in each course will be based, and to be fairly and justly evaluated based only on performance in the course. Students have the right to expect a conscientious effort from faculty.


7.1.2.2.5 Right to Institutional Participation

Students have the right to participate in institutional policy making. The student congress is the official representative body of the student body. Composition and responsibilities of the student congress are outlined in the constitution of the Student Government Association found in section 1.6.5 of Volume I of the Ithaca College Policy Manual.


7.1.2.2.6 Freedom of Association

Students are free to organize and join associations for educational, political, social, religious, or cultural purposes.


7.1.2.2.7 Rights of Citizenship

As amended by the Ithaca College Board of Trustees February 13, 2003.

Students are entitled to the same rights and freedoms as all citizens. They are also subject to civil law as well as campus regulations. If students violate the law off campus, they may incur penalties prescribed by civil authorities. Ithaca College may also apply the Student Conduct Code to students whose off-campus conduct is detrimental to the College's interests and poses a significant threat to the health, safety, and/or property of the College and its members.


7.1.2.2.8 Right to Privacy

As amended by the Ithaca College Board of Trustees October 12, 2007.

Students are protected from arbitrary and capricious invasions of privacy and entry into their residences. Ithaca College reserves the right for personnel acting in the performance of their duties to enter student rooms, apartments, and suites in order to ensure that all health, safety, and fire codes are being followed, provide maintenance and repairs, respond to emergencies, and to locate missing property and/or prohibited articles. Such entries may reveal violations of the student conduct code or the residential life rules and regulations, which may result in fines and/or disciplinary action being taken against the student(s). Ithaca College cannot interfere with any sworn law enforcement official in conducting room searches if such a search is legal under state or federal law and is within the authorized performance of the official's duty.


7.1.2.2.9 Freedom from Improper Disclosure

In accordance with the Family Educational Rights and Privacy Act, students shall have access to educational records maintained on them, and the records shall be protected from disclosure to third parties except as permitted by law. Academic and disciplinary records will be maintained separately. The procedure for access is explained in section 7.1.1 of this volume.


7.1.2.2.10 Right to a Hearing on Campus

As amended by the Ithaca College Board of Trustees May 21, 2011, May 16, 2014, and May 16, 2015.

All students accused of violations of the "Statement of Responsibilities" (below) will be guaranteed written notice of charges and have the right to a hearing. This right includes adequate notice of hearing, information concerning the evidence against them, the opportunity to present evidence in their own behalf, and written notice of the decision. Students should be aware that the judicial process is different from criminal and civil court proceedings. Procedures and rights in the judicial process are conducted with fairness to all, but may not include the same protections of due process accorded by a court of law. Decisions will be made based on preponderance of evidence showing that it is more likely than not that a student was responsible for a violation. If a student with a disability needs a reasonable accommodation in order to participate in any aspect of the judicial process, including an individual judicial hearing or a Conduct Review Board, then the student must submit a request through the Office of Student Accessibility Services.1

7.1.2.2.11 Jurisdiction

Approved by the Ithaca College Board of Trustees May 16, 2014.

Ithaca College retains jurisdiction over students who elect to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If a student is sanctioned a hold may be placed on the student's ability to re-enroll and/or obtain official transcripts and/or graduate, and all sanction requirements must be satisfied prior to re-enrollment eligibility. In the event of a serious misconduct committed while the student is still enrolled but reported after the accused student has graduated, Ithaca College may invoke these procedures and should the former student be found responsible, the College revoke the student's degree. In addition, a student facing an alleged violation of the Student Conduct Code that may result in a sanction that includes removal from on-campus housing, suspension or expulsion, may not be permitted to withdraw or take a leave of absence from the College until a hearing has been conducted.

The Ithaca College Student Conduct Code may also be applied to behavior conducted online, via e-mail or other electronic medium. A student may be in alleged violation of policy for online postings such as blogs, web postings, chats and social networking sites that are in the public sphere and are not private. Ithaca College does not regularly search for this information but could conduct an investigation if and when such information is brought to the attention of College officials.1


7.1.2.3 Statement of Responsibilities [III]

As amended by the Ithaca College Board of Trustees May 16, 2015.

As members of the Ithaca College community, students have an obligation to know and obey the rules and regulations of the institution as well as civil laws. A violation of any of the following regulations is cause for disciplinary action. 


7.1.2.3.1 General Provisions [III.A]
  1. This code shall apply to any and all lands or facilities owned, leased, or operated by Ithaca College, as well as any location where a student is engaged in a College activity, unless otherwise noted in the code. Examples include, but are not limited to, travel by athletic teams to events off campus, travel on academic field trips, and engagements by other College organizations in activities off campus. [III.A.1]
  2. A student who assists in violating or incites others to violate any provision of this code may be charged as a responsible participant.* [III.A.2]
  3. An attempt to violate any provision of this code will be considered a violation.* [III.A.3]
  4. Students shall be responsible for the action(s) of their guest(s). [III.A.4]

7.1.2.3.2 Compliance with College Officials* [III.B]
  1. Students are required to provide proper identification upon request or otherwise comply with the reasonable requests of any College employee, including, but not limited to, Campus Center staff, Residential Life staff, Dining Services staff, and Student Auxiliary Safety Patrol (SASP) members acting in the performance of their duties. [III.B.1]
  2. Students must appear as witnesses in disciplinary proceedings when requested to do so by the assistant director of judicial affairs (or designee). [III.B.2]

7.1.2.3.3 Personal Honesty [III.C]
  1. Students will be held responsible for adhering to the "Standards of Academic Conduct," as outlined in section 7.1.4 of this volume. In particular, work submitted by a student should be the result of that student's own honest effort. If other sources are consulted, they must be acknowledged. Consultation in this context includes discussion with others as well as the use of written sources. This provision includes, but is not limited to, work prepared outside of class (e.g., homework, papers, take-home exams) and in class (e.g., quizzes and exams). [III.C.1]
  2. Students will be held responsible for all acts of dishonesty, including personal misrepresentation, knowingly furnishing false information to the College, forgery, intentionally cashing checks with insufficient funds, and alteration or fraudulent possession or use of documents or instruments of identification. [III.C.2]
  3. Students will be held responsible for all acts of academic dishonesty on computer programming assignments and for misuse of computing resources and facilities, including collaboration, copying or plagiarizing assignments, unauthorized duplication of software, invasion of privacy, and theft of information. [III.C.3]

7.1.2.3.4 Freedom of Movement, Speech and College Activities* [III.D]

Intentional disruption or obstruction of teaching, guest lectures, research, administration, free movement, disciplinary proceedings, or other College activities may result in disciplinary action.


7.1.2.3.5 Personal Respect and Safety [III.E]

As amended by the Ithaca College Board of Trustees February 13, 2003, May 16, 2009, May 16, 2014, and May 16, 2015.

1.

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."

2.

Acts of sexual harassment, as described in the College's Sexual Harassment Policy in section 2.6 of Volume II of the Ithaca College Policy Manual, are prohibited and subject to disciplinary action.

   3.

All forms of sexual misconduct, including but not limited to, sexual assault, sexual exploitation, domestic/dating violence, and stalking are expressly prohibited and subject to disciplinary action. The College will consider the effects of any forms of sexual misconduct that may occur off-campus when evaluating whether a student has caused or been subjected to a hostile environment on campus or poses a threat to the health, safety, and welfare of the College or any member of the college community. For further information regarding prohibited forms of sexual misconduct see the College's Sexual Misconduct, Domestic/Dating Violence, and Stalking Policy at section 2.8.3 of Volume I of the Ithaca College Policy Manual.

4.

Disruptive, or excessively noisy, behavior is cause for disciplinary action. [III.E.3].

5.

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].

  6.

Public Exposure – Deliberately or publicly exposing one's intimate body parts, public urination, defecation, and public sex acts are cause for disciplinary action.1

  7.

Bullying or Cyber Bullying – repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally are not protected by freedom of expression and are cause for disciplinary action.1

  8.

Stalking – Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Stalking behavior includes but is not limited to repeated, intentional following or observing another; or using "spyware" or other electronic means to gain impermissible access to a person's private information.

9.

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. 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].

  10.

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].

 11.

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].

12.

Recklessly or intentionally starting a fire or causing an explosion is cause for disciplinary action. [III.E.8].


7.1.2.3.6 Community Health [III.F]

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.


7.1.2.3.7 Use of Alcoholic Beverages, Drugs, and Drug Paraphernalia [III.G]

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.

1.

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]

2.

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]

3.

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]

4.

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]

5.

The possession of alcoholic beverages at intercollegiate athletic events is prohibited and cause for disciplinary action. [III.G.5]

 

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.

 

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.

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]


  1. 7.1.2.3.8 Property [III.H]
  2. Theft of personal or College property, including theft of services, from Ithaca College-owned or -operated property is prohibited and is cause for disciplinary action. Unauthorized possession of College, community, or personal property on Ithaca College-owned or -operated property is prohibited and is cause for disciplinary action. Unauthorized possession of College property beyond Ithaca College-owned or -operated property is also prohibited and is cause for disciplinary action.* [III.H.1]
  3. Duplicating keys, computer access codes, or other devices meant to afford access to restricted areas or information is prohibited and is cause for disciplinary action. [III.H.2]
  4. Unauthorized entry into, tampering with, or use of facilities, property, services, or resources belonging to the College, its community members, guests, or licensees is prohibited and is cause for disciplinary action.* [III.H.3]
  5. Defacing, damaging, or destroying property belonging to the College, its community members, guests, or licensees is prohibited and is cause for disciplinary action.* [III.H.4]

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.


7.1.2.3.10 College Regulations [III.J]

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.


7.1.2.3.11 Criminal Conduct [III.K]

Violations of civil or criminal 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 federal law or New York State Penal Law, may be referred to the appropriate civil authorities and will also be addressed through the Ithaca College judicial system.


7.1.2.3.12 Rules for the Maintenance of Public Order

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, October 13, 2006, May 16, 2009 and May 16, 2015.

Note: The assistant director of judicial affairs may appoint a designee, when or where appropriate, to perform the functions delegated to the assistant director in the following procedural sections (7.1.2.4 Administrative Hearing Process; 7.1.2.5 Conduct Review Board; 7.1.2.6 Academic Misconduct; 7.1.2.7 Special Provisions; 7.1.2.8 Sanctions; and 7.1.2.9 Judicial History, Crimes of Violence and Parental Notification).

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 or referenced 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:

1.

The incident is documented.

2.

The documentation is then forwarded to the assistant director of judicial affairs (or designee) 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.

3.

When a student is charged, the student will be notified in writing by the assistant director of judicial affairs (or designee) or other appropriate administrative hearing officer. This written notice will include the section(s) of the residential life rules and regulations, Ithaca College Policy Manual 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 a designated judicial 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.

4.

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.

5.

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, except to the extent otherwise provided for below in cases involving allegations of sexual misconduct, domestic/dating violence, and stalking, in violation of section 2.8.3 of the Policy Manual.  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.

6.

This hearing will result in one of the following possible outcomes:

a. The hearing officer may dismiss the charge(s).

b. The student may accept responsibility for the violation or may be found responsible by the hearing officer based on a preponderance of the evidence, meaning that it is more likely than not a violation of College policy, rule or regulation occurred. A sanction (see section 7.1.2.8) will be verbally indicated by the hearing officer within 24 hours of the hearing, with written notification to follow within ten (10) College business days.

c. In the event that a judicial hearing officer determines that additional information or further investigation is required in order to reach a decision, the outcome of the hearing will be delayed pending this investigation. The judicial hearing officer will follow up with the student to arrange any additional needed meeting(s) and/or to apprise the student of the investigations in progress. The process will conclude with a final decision regarding the hearing.

7.

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 provost/vice president for educational affairs (or designee.)

8.

The student who has been charged under the residential life rules and regulations may also be eligible to have a conduct review board hear the student's case, but only if the hearing officer has imposed a sanction of residence hall reassignment, residence hall restriction, termination of the student's housing contract, deferred suspension, suspension, and/or expulsion. 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.

9.

In cases of alleged sexual misconduct, domestic/dating violence, and stalking (see section 2.8.3 of the Ithaca College Policy Manual), the following additional procedures will be incorporated in the administrative hearing process:

  1. The administrative hearing will be convened, according to the above procedures, within fourteen (14) days of the date the incident is documented. Absent extenuating circumstances, review and resolution of the administrative hearing is expected to take place within thirty (30) calendar days from receipt of the complaint, not including any appeal. Any concurrent investigation by criminal authorities may result in some delay, so as not to interfere with evidence gathering by law enforcement, but such delay is normally not more than ten days, after which the College procedures will resume as soon as possible.
  2. The primary witness/complainant and the accused student will each have the right to select their own advisor of choice, which may be an attorney. The advisor may accompany the complainant or accused student to any investigatory meeting, hearing, or proceeding (at the party's own expense, if the advisor is a paid advisor). In the event a student chooses to have an advisor, the advisor is a silent, non-participating presence who is in attendance solely to observe, consult with and provide moral support to the student. The advisor cannot be a witness in the proceedings, submit any written materials to, or address or make any direct statements to the hearing officer; and no recordings of any investigatory meeting, hearing, or proceeding will be permitted except the official recording by the College. The advisor may not disrupt or distract from the meeting or proceeding. An advisor who does not abide by this role may be precluded from further participation in any meeting, hearings, or proceedings, and the College will proceed in the advisor's absence.
  3. The administrative hearing will be conducted by both a male and a female judicial hearing officer.
  4. Both the primary witness/complainant and the accused student will be given the opportunity to meet with the hearing officers to provide information about the case prior to the hearing. If either party elects NOT to attend this meeting, the alternative options are handwritten, audio taped, or video- taped statements submitted 24 hours in advance of the hearing.
  5. Both the complainant and accused student will be notified in writing, simultaneously, of the outcome within seven (7) days of the hearing. At the conclusion of the administrative hearing process, either party may request in writing to have the case heard in front of the Conduct Review Board.

A written request for a conduct review board hearing must be received by the assistant director of judicial affairs (or designee) within 72 hours of the written notification of the decision and/or 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 (other than any interim measures or sanctions that may be in effect) until the conduct review board hearing process is completed.


7.1.2.5 Ithaca College Conduct Review Board [V]

As amended by the Ithaca College Board of Trustees May 16, 2015.

Note: The associate provost for student life may appoint a designee, when or where appropriate, to perform the functions delegated to the associate provost for student life in this section.


7.1.2.5.1 Conduct Review Board Process

As amended by the Ithaca College Board of Trustees October 13, 2006, May 16, 2009, and May 16, 2015.

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 provided or referenced in section 7.1.2.3 and 7.5 of this volume, or in the residential life rules and regulations. It will hear cases of alleged misconduct by Ithaca College students.

Each year the assistant 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 a conduct review board (see section 7.1.2.4) and chooses to do so, the procedure will be as follows:

  1. The assistant director of judicial affairs (or designee) will schedule a meeting to provide the student and/or parties with a written statement of the alleged charges and a summary of the evidence to be presented at the hearing. Witnesses to be called upon will also be identified at this time.
  2. The assistant director of judicial affairs (or designee) will provide the student with a list of names of those persons who will sit on the board. The board will be composed of three students, one faculty member, and one administrator or staff member chosen on a rotational basis from the membership of the conduct review board justices. The assistant director of judicial (or designee) affairs will serve as chairperson of the board but will not vote. 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 conduct review board hearing. The assistant director of judicial affairs (or designee) will rule on all such challenges, and the assistant director's (or designee's) decision will be final.
  3. The assistant director of judicial affairs (or designee) will establish a time and place for the hearing, which may not occur less than 48 hours after the student receives the written statement and summary of evidence described above, unless all parties agree to an earlier hearing.
  4. At least 24 hours before the time of the hearing, the student must provide the assistant director of judicial affairs (or designee) with copies of written statements the student wishes to present and the names of witnesses to be called, if any, who have relevant information specific to the case. If the student fails to follow through with this responsibility, the board can deny the presentation of a written statement and/or witness testimony.

  5. The student may choose an advisor from among the current faculty, administration and staff, or students of the Ithaca College community to help the student prepare information to present at the hearing. The advisor may attend the hearing and consult with the student, but only to answer questions that the student might have during the course of the proceeding. The advisor may not in any other way speak at the hearing unless specifically requested to do so by the assistant director of judicial affairs (or designee); and no recordings of any investigatory meeting, hearing, or proceeding will be permitted except the official recording by the College. The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited.
  6. The following individuals are the only people allowed in the hearing room: the student(s) charged; the student's advisor; witnesses, as called; the board members and chairperson; and a secretary appointed by the assistant director of judicial affairs (or designee). Judgments regarding any deviation from this standard will be made by the director of judicial affairs (or designee).
  7. The accused student and any student witnesses will each be required to sign a personal honesty statement.
  8. All hearings will be recorded by the College for any possible appeal purposes. The recordings are confidential and are securely maintained in, and are the property of, the Office of Judicial Affairs. In all cases in which a student is found to be responsible for the violation(s), the tapes will be kept for one year after an appeal, if there is one, or until the expiration of the appeal time limit.
  9. At the hearing the statements of charges and supporting evidence will be presented by the assistant director of judicial affairs (or designee) and reviewed. The student may make a written or verbal statement and present witnesses. The conduct review board may question the student and/or any witnesses. The student and/or any witnesses have the right to decline to answer any questions.
  10. The assistant director of judicial affairs (or designee) will rule on the relevance and appropriateness of all questions asked and testimony provided at a conduct review board hearing.
  11. If the student fails to appear at the hearing, the conduct review board may proceed in the student's absence. The board will assess whether the student is to be found responsible based on the evidence available, and if responsibility is determined, assign an appropriate sanction.
  12. All decisions of the board will be by simple majority. Decisions will be based only on evidence (written and verbal) presented at the hearing and must be supported by a preponderance of the evidence, meaning that it is more likely than not a violation of College policy, rule or regulation occurred.
  13. The board will deliberate on the hearing and will decide if the student charged is responsible for the violation(s) based on the testimony and available evidence. If the student is found to be in violation of any or all of the charges, the board will then be informed of the student's prior judicial history. The board will then include this information in determining the appropriate sanction(s). The board will notify the associate provost for student life (or designee) of the decision.
  14. The decision of the conduct review board will be subject to final review and decision by the associate provost for student life (or designee). The student will be notified in writing of the decision within five (5) College business days of the conduct review board hearing. Notification will include a sanction, if applicable. A copy of the notification may also be sent to the student's parents at the discretion of the conduct review board or associate provost for student life (or designee).

7.1.2.5.2 Conduct Review Board Process for Cases of Sexual Misconduct, Domestic/Dating Violence, and Stalking

As approved by the Ithaca College Board of Trustees May 17, 2008 and amended May 16, 2009 and May 16, 2015.

In cases of alleged Sexual Misconduct, Domestic/Dating Violence, and Stalking (see section 2.8.3 of the Ithaca College Policy Manual), the following additional procedures will be incorporated into the Conduct Review Board:

Note: In the event of any conflict between these procedures and the general procedures for Conduct Review Board proceedings, these procedures will apply.

  1. The conduct review board hearing will be convened, according to the above procedures, within fourteen (14) calendar days of the request for a hearing from either the primary witness/complainant or the accused student. Absent extenuating circumstances, review and resolution of the conduct review board hearing is expected to take place within thirty (30) calendar days from request for a hearing, not including any appeal. Any concurrent investigation by criminal authorities may result in some delay, so as not to interfere with evidence gathering by law enforcement, but such delay is normally not more than ten days, after which the College procedures will resume as soon as possible.
  2. The primary witness/complainant and accused student will have the right to select and advisor of choice. The advisor may be a family member, friend, or other support person, including an attorney. Alternatively, either party may choose to have a special advisor provided by the College from a pool of students, faculty, and staff trained in the areas of Sexual Misconduct. The advisor/special advisor may accompany the primary witness/complainant or accused student to any investigatory meeting, hearing, or proceeding throughout the Conduct Review Board process (at the party's own expense, if the advisor is paid advisor). In the even a student chooses to have an advisor/special advisor, he/she will be a silent, non-participating presence who is in attendance solely to observe, consult with, and provide moral support to the student. The advisor/special advisor may not participate in the proceedings, submit any written materials to, or address or make any direct statements to the hearing officer and/or Conduct Review Board unless specifically requested to do so by the assistant director of judicial affairs (or designee); and no recordings of any proceeding will be permitted except the official recording by the College. An advisor/special advisor who does not abide by this role may be precluded from further participation in any meetings, hearings, or proceedings.
  3. The primary witness/complainant and accused student may request an additional meeting with the assistant director of judicial affairs (or designee) at any time prior to the Conduct Review Board if the procedures outlined, witness’s rights, or hearing processes are not clear.
  4. The assistant director of judicial affairs (or designee) will provide the accused student and primary witness/complainant with a written statement of the alleged charges and summary of the evidence to be presented at the hearing and the witnesses who may be called to testify during the hearing.
  5. Both the accused student and the primary witness/complainant will receive notice from the assistant director of judicial affairs (or designee) regarding who will serve as specialized faculty, staff, and student justices. The Conduct Review Board will be comprised of a male faculty/staff member, a female faculty/staff member and 3 students (either one male and two female or one female and two male). All the members of the board will be specialized members who have received training in abusive relationships, experiences of assailants and assault survivors, and how to sensitively question an assault survivor. Should either the accused student or primary witness/complainant 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 conduct review board. The assistant director of judicial affairs (or designee) will rule on all such challenges, and the assistant director's (or designee's) decision will be final.
  6. The assistant director of judicial affairs (or designee) will establish a time and place for the hearing, which may not occur less than 48 hours after the accused student receives the evidence, unless all parties agree to an earlier hearing.
  7. At least 24 hours before the hearing, the accused student and primary witness/complainant must provide the assistant director of judicial affairs (or designee) with copies of any written statements either wishes to present and the names of witnesses to be called, if any, who have relevant information specific to the case. If either party fails to do so, the board can deny the presentation of a written statement and/or witness testimony during the Conduct Review Board hearing.
  8. Both the primary witness/complainant and accused student will have the right to read the Public Safety Report including any Voluntary Statements prior to the hearing. Only redacted Public Safety Reports may be taken out of the Office of Judicial Affairs.
  9. Questions to be posed to the other party by the Conduct Review Board may be submitted in writing by the accused student and primary witness/complainant. These questions need to be submitted a minimum of two days prior to the hearing, and will be exchanged through the Office of Judicial Affairs.
  10. If a primary witness/complainant or accused student is NOT attending, the Conduct Review Board hearing, he/she may submit handwritten, audio taped, or video- taped statements submitted 24 hours in advance of the hearing, which can include his/her answers to the other party’s previously submitted questions.
  11. Both the accused student and primary witness/complainant will have separate meetings with the assistant director of judicial affairs (or designee) prior to the judicial board to go over the process, and discuss what to expect. During this meeting, the assistant director of judicial affairs (or designee) will discuss either party's request to testify behind a screen.
  12. The following individuals are the only people allowed in the hearing room: the student(s) charged; the primary witness/complainant, the advisor/special advisor for the accused student and primary witness/complainant; witnesses, as called; the board members and chairperson; and a note taker appointed by the assistant director of judicial affairs (or designee). Judgments regarding any deviation from this standard will be made by the assistant director of judicial affairs (or designee).
  13. All hearings will be recorded by the College for any possible appeal purposes. The tapes are confidential and are securely maintained in, and are the property of, the Office of Judicial Affairs. The recordings will be kept for one year after the hearing or the completion of any appeal proceedings, whichever is later.
  14. The board will have copies of all statements, previously submitted questions, and any other evidence available for review at the start of the hearing. If either party chooses not to be present at the board hearing, the board may have his/her written, audio and/or video statement, if one was submitted.
  15. Prior to testifying before the Conduct Review Board, the accused student and primary witness/complainant will sign an honesty statement.
  16. All student witnesses will also sign a personal honesty statement.
  17. The primary witness/complainant or accused student may, if requested, testify behind a screen, or via some alternative method of separating the witness and the accused student from each other’s sight.
  18. At the hearing the statements of charges and supporting evidence will be presented by the assistant director of judicial affairs (or designee). The primary witness/complainant and accused student may make a written or verbal statement and present witnesses. The conduct review board may question the primary witness/complainant, accused student and/or any witnesses. The student and/or any witnesses have the right to decline to answer any questions.
  19. The accused student and the primary witness/complainant will have the right to share their answers to any previously submitted written questions. Each student will be able to ask additional questions. The board will then ask any relevant questions.
  20. The assistant director of judicial affairs (or designee) will rule on the relevance and appropriateness of all questions asked and testimony provided at a conduct review board hearing.
  21. If the accused student fails to appear at the hearing, the conduct review board may proceed in the student's absence. The board will assess whether the accused student is to be found responsible based on the evidence available, and if responsibility is determined, assign an appropriate sanction(s).
  22. All decisions of the board will be by simple majority. Decisions will be based only on evidence (written and verbal) presented at the hearing and must be supported by a preponderance of the evidence, meaning that it is more likely than not a violation of College policy, rule or regulation occurred.
  23. The board will deliberate on the hearing and will decide if the accused student is responsible for the alleged violation(s) of the Sexual Misconduct policy based on the testimony and available evidence. If the student is found to be in violation of any or all of the charges, the board will then be informed of the student's prior judicial history. The board will then consider this information in determining the appropriate sanction(s). The board will notify the associate provost for student life (or designee) of the decision.
  24. The decision of the conduct review board will be subject to final review and decision by the associate provost for student life (or designee). Within five (5) business days of the conduct review board hearing, the accused student and primary witness/complainant will be notified, simultaneously, in writing, of the decision. Notification will include a sanction, if applicable. A copy of the notification may, if permitted by applicable law, also be sent to the accused student's parents at the discretion of the conduct review board or the associate provost for student life (or designee).

The possible sanctions that can be imposed as the result of a case of sexual misconduct 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 believed necessary to ensure the protection and welfare of the College community. (See section 7.1.2.7 of this document.)


7.1.2.5.3 Appeal Procedure

As amended by the Ithaca College Board of Trustees May 16, 2009 and May 16, 2015.

The accused student (and, in cases involving allegations of sexual misconduct, domestic/dating violence, and stalking, the primary witness/complainant) may appeal a decision rendered from the conduct review board hearing in writing to the provost/vice president for educational affairs (or designee) within three (3) College business days after he/she has received written notification of the decision. The appeal will be considered by the provost/vice president for educational affairs (or designee). The provost/vice president for educational affairs (or designee) rule on all such challenges, and the decision of the provost/vice president for educational affairs (or designee's) will be final.

Note: Any sanction imposed by the associate provost for student life (or designee) (in final review of the decision rendered from the conduct review board hearing) 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 modified 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.

The appeal is the final step in the conduct process. It is not intended to be a rehearing for the testimony presented at the original hearing. For an appeal to be heard, the individual requesting appeal must be able to demonstrate in writing to the provost/vice president for educational affairs (or designee) one or more of the following:

  1. The hearing was inconsistent with the established judicial procedures;
  2. The sanction imposed was not in keeping with the gravity of the violation;
  3. New and relevant evidence is available.

The provost/vice president for educational affairs (or designee) will decide whether one of the above mentioned grounds for appeal have been met, considering only the grounds alleged in the written statement of appeal. The evidentiary standard for appeal proceedings will be a preponderance of the evidence; meaning that it is more likely than not a violation of College policy, rule, or regulation occurred.

The provost/vice president for educational affairs (or designee) may render one of the following decisions:

  1. Uphold the decision;
  2. Amend the decision as may be necessary;
  3. Order the case to be heard again by a new conduct review board.

The decision of the provost/vice president for educational affairs (or designee) will be final. The accused student (and in cases involving allegations of sexual misconduct, domestic/dating violence, and stalking, the primary witness/complainant) will be notified simultaneously, in writing, by the provost/vice president for educational affairs (or designee) of the decision within five (5) business days of the appeal board hearing. Notification will include a sanction, if applicable.


7.1.2.6 Academic Misconduct Hearings [VI]

As amended by the Ithaca College Board of Trustees May 16, 2009 and May 16, 2015.
7.1.2.6.1 Academic Misconduct Hearing Process

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 academic misconduct hearing process described herein.

A.

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.

 

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.)

 

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 assistant director of judicial affairs (or designee). The assistant director of judicial affairs (or designee), 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 assistant director of judicial affairs (or designee). In addition, copies of these letters may be forwarded to the student's parents at the discretion of the faculty member and/or assistant director of judicial affairs (or designee).

 

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.

B.

If, after the assistant director of judicial affairs (or designee) 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 vice provost (or designee). The assistant director of judicial affairs (or designee) will send notification to the student informing the student of this action.

 

The vice 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 vice provost (or designee) may proceed in the student's absence. The vice provost (or designee) will notify the student in writing of his/her decision within five (5) College business days of the sanction hearing.

 

Any appeal of the vice provost's (or designee's) decision would be directed to the provost/vice president for educational affairs. This appeal must be received in writing within three (3) College business days of the receipt of the written notification of the vice provost's (or designee's) decision.

 

For an appeal to be heard, the student must be able to fully demonstrate in writing to the provost/vice president for educational affairs (or designee) one or more of the following:

 
  1. The hearing was inconsistent with the established judicial procedures;
  2. The sanction imposed was not in keeping with the gravity of the violation;
  3. New evidence is available.
 

The provost/vice president for educational 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.

 

Note: Any sanction imposed by the vice 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.

C.

Matters of alleged academic dishonesty that are not resolved between the faculty member and student will be referred to the assistant director of judicial affairs (or designee) 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.

D.

All cases referred to the academic conduct review board will be heard according to the following procedures.

 
  1. The faculty member shall provide the assistant director of judicial affairs (or designee) with a brief summary to be presented at the hearing, including evidence and names of witnesses, if any.
  2. The student will receive written notice of the charge(s) and a brief description of the incident, including date, time, and location of occurrence, if available, at least five (5) College business days before the hearing.
  3. The assistant director of judicial affairs (or designee) will schedule a meeting to provide the student with the information to be presented at the hearing, including the faculty member's written summary, names of witnesses, if any, and the time and place for the hearing. The hearing may not occur less than 48 hours after the student's receipt of the evidence.
  4. At least 48 hours prior to the hearing, the assistant director of judicial affairs (or designee) will provide the student and the faculty member with a list of names of those persons who will sit on the board. The board will be composed of two faculty members, two students, and one administrator or staff member chosen at random from the membership of the conduct review board justices. The assistant director of judicial affairs (or designee) will serve as chairperson of the board but will not vote. Should the student or the faculty member 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 academic conduct review board hearing. The assistant director of judicial affairs (or designee) will rule on all such challenges, and the assistant director's (or designee's) decision will be final.
  5. At least 24 hours before the time of the hearing, the student must provide the assistant director of judicial affairs (or designee) with copies of written statements the student wishes to present and the names of witnesses to be called, if any, who have relevant information specific to the case. At that time, the assistant director of judicial affairs (or designee) will make this information available to the faculty member.
  6. The student may choose an advisor from among the current faculty, administration and staff, or students of the Ithaca College community to help the student prepare information to present at the hearing. The advisor may attend the hearing and consult with the student but only to answer questions that the student might have during the course of the proceeding. The advisor may not in any other way speak at the hearing unless specifically requested to do so by the director of judicial affairs (or designee).
  7. The following individuals are the only people allowed in the hearing room: the student(s) charged; the student's advisor; the faculty member; witnesses, as called; the board members and chairperson; and a note taker appointed by the assistant director of judicial affairs (or designee). Judgments regarding any deviation from this standard will be made by the assistant director of judicial affairs (or designee).
  8. At the hearing, the statements of charges and supporting evidence will be presented by the assistant director of judicial affairs (or designee) and reviewed. The accused student and any student witnesses will each sign a personal honesty statement. The student and/or faculty member may make a written or verbal statement and present witnesses. The academic conduct review board may question the student and/or the faculty member and/or any witnesses. The student, faculty member, or any witnesses have the right to choose not to answer any question(s).
  9. The assistant director of judicial affairs (or designee) will rule on the relevancy and appropriateness of all questions asked and testimony provided at an academic conduct review board hearing.
  10. The faculty member involved in the case may be present during all testimony given at the hearing. However, the chairperson of the academic conduct review board can impose restrictions on this attendance should, in the chairperson's judgment, the situation warrant such action.
  11. All hearings will be tape-recorded by the College for any possible appeal purposes. The tapes are confidential and are securely maintained in, and are the property of, the Office of Judicial Affairs. In all cases where a student is found to be responsible for the violation(s), the tapes will be kept for four months after an appeal, if there is one, or until the expiration of the appeal time limit.
  12. If the student fails to appear at the hearing, the academic conduct review board may proceed in the student's absence. The board will assess whether the student is found to be responsible based on the evidence available and, if responsibility is determined, assign an appropriate sanction.
  13. All decisions of the board will be by simple majority. Decisions will be based only on the evidence presented at the hearing and must be supported by a preponderance of the evidence.
  14. The board will deliberate on the hearing and will decide if, based on the available evidence, the student charged is responsible for the violation(s). If the student is found to be in violation of any or all of the charges, the assistant director of judicial affairs (or designee) will then inform the board of the student's prior judicial history. The board will take this information into consideration in determining the appropriate sanction(s). The board will notify the provost/vice president for educational affairs of its decision.
  15. The decision of the academic conduct review board will be subject to final review and decision by the vice provost (or designee). The vice provost (or designee) will notify the student and faculty member in writing of the decision within five (5) College business days of the academic conduct review board hearing. Notification will include the sanction determined by the faculty member, if applicable, as well as the College-wide sanction, if applicable.

7.1.2.6.2 Appeal Procedure

As amended by the Ithaca College Board of Trustees May 16, 2009 and May 16, 2015.

The student may appeal decisions by the academic conduct review board in writing to the provost/vice president for educational affairs (or designee) within three (3) College business days after the student has received written notification of the decision.

Note: Any sanction imposed by the vice provost (or designee) (in final review of the decision rendered from the academic conduct review board hearing) 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.

The appeal is the final step in the conduct process. It is not to be a rehearing of the testimony presented at the original hearing. For an appeal to be heard, the student must be able to fully demonstrate in writing to the provost/vice president for educational affairs (or designee) one or more of the following:

  1. The hearing was inconsistent with the established judicial procedures;
  2. The sanction imposed was not in keeping with the gravity of the violation;
  3. New and relevant evidence is available.

The provost/vice president for educational affairs (or designee) will decide whether one of the above mentioned grounds for appeal have been met, considering only the grounds alleged in the written statement of appeal. The evidentiary standard for appeal proceedings will be preponderance of the evident; meaning that it is more likely than not a violation of College policy, rule, or regulation occurred.

The provost/vice president for educational affairs (or designee) may render one of the following decisions:

  1. Uphold the decision;
  2. Amend the decision as may be necessary;
  3. Order the case to be heard again by a new academic conduct review board.

The decision of the provost/vice president for educational affairs (or designee) will be final. 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]

As amended by the Ithaca College Board of Trustees May 16, 2015.

Note: The director of residential life and judicial affairs may appoint a designee, when or where appropriate, to perform the functions delegated to him/her in this section.


7.1.2.7.1 Provision for Special Hearings [VII.A]

If it is not reasonably possible to convene the conduct review board as constituted and if the assistant director of judicial affairs (or designee) decides that prompt review is essential to appropriate resolution of the case, the assistant director of judicial affairs (or designee) 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.


7.1.2.7.2 Summary Removal from the College Housing System [VII.B]

The director of residential life and judicial affairs (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 judgement of the director of residential life and judicial affairs (or designee), 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 and judicial affairs (or designee).

A 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 provost for student life (or designee). All procedures for this hearing are outlined in section 7.1.2.5.1. The student may waive in writing the right to a hearing before the conduct review board and request the assistant director of judicial affairs (or designee) 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.

Whether the student has opted to have their case adjudicated by the conduct review board (with final review by the associate provost for student life (or designee)) or the case has been adjudicated by the assistant director of judicial affairs (or designee), the appeal will be considered by the provost/vice president for educational affairs (or designee). The student must file an appeal in writing within three (3) College business days of the written notification of the hearing decision.

The appeal is the final step in the conduct process. It is not intended to be a rehearing of the testimony presented at the original hearing. For an appeal to be heard, the student must be able to fully demonstrate in writing to the provost/vice president for educational affairs (or designee) one or more of the following:

  1. The hearing was inconsistent with the established judicial procedures;
  2. The sanction imposed was not in keeping with the gravity of the violation;
  3. New and relevant evidence is available.

The provost/vice president for educational affairs (or designee) will decide whether one of the above mention grounds for appeal have been met, considering only the ground(s) alleged by the student.

The provost/vice president for educational affairs (or designee) may render one of the following decisions:

  1. Uphold the decision;
  2. Amend the decision as may be necessary;
  3. Order the case to be heard again by a new conduct review board.

The decision of the provost/vice president for educational affairs (or designee) will be final. The student will be notified in writing by the provost/vice president for educational affairs (or designee) of the decision within five (5) College business days of the appeal. Notification will include a sanction, if applicable.

Note: Any sanction imposed by the associate provost for student life (or designee) (in final review of the conduct review board's decision) or assistant 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.


7.1.2.7.3 Summary Suspension from the College [VII.C]

As amended by the Ithaca College Board of Trustees May 16, 2014 and May 16, 2015.

The provost and vice president for educational affairs (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. Persons under summary suspension shall not be allowed on the Ithaca College campus unless given permission by the director of public safety (or designee). As a condition of summary suspension the student is restricted from attending classes, exams, activities, and other privileges; however, the provost/vice president for educational affairs (or designee) has the discretion with the approval of the appropriate dean and faculty members, to allow alternative exam and/or assignment options without the student being on campus to ensure as minimal an impact as possible to the student.1.

Summary suspensions must be reviewed by a 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 provost for student 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 assistant director of judicial affairs (or designee).

Whether the student has opted to have their case adjudicated by the conduct review board (with final review by the associate provost for student life) or the case has been adjudicated by the assistant director of judicial affairs (or designee), the appeal will be considered by the provost and vice president for educational affairs (or designee). The student must file an appeal in writing within three (3) College business days of the written notification of the hearing decision.

The appeal is the final step in the conduct process. It is not to be a rehearing of the testimony presented at the original hearing. For an appeal to be heard, the student must be able to fully demonstrate in writing to the provost/vice president for educational affairs one or more of the following:

  1. The hearing was inconsistent with the established judicial procedures;
  2. The sanction imposed was not in keeping with the gravity of the violation;
  3. New and relevant evidence is available.

The provost/vice president for educational affairs (or designee) will decide whether one of the above mentioned grounds for appeal have been met, considering only the ground(s) alleged by the student.

The provost and vice president for educational affairs (or designee) may render one of the following decisions:

  1. Uphold the decision;
  2. Amend the decision as may be necessary;
  3. Order the case to be heard again by a new conduct review board.

The decision of the provost/vice president for educational affairs (or designee) will be final. 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 provost for student life (or designee) (in final review of the conduct review board's decision) or assistant 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.


7.1.2.7.4 ICNYC and Los Angeles Communications Program [VII.D]

Students associated with the Ithaca College New York City (ICNYC) 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 ICNYC Program or the Ithaca College Communications Program in Los Angeles will also become a part of a student's Ithaca College judicial record.


7.1.2.7.5 London Program and Other Ithaca College-Sponsored Study Abroad Programs [VII.E]

As 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.

7.1.2.7.6 Reopening of a Judicial Case

As approved by the Ithaca College Board of Trustees May 16, 2009.

The college reserves the right to reopen any judicial case based upon the introduction of evidence not available at the time of the hearing.


7.1.2.8 Sanctions [VIII]

As amended by the Ithaca College Board of Trustees May 16, 2009 and May 16, 2015.

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.

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. However, in cases of sexual misconduct, the minimum sanction for a student found responsible for a charge of sexual assault is deferred suspension. In all cases of sexual misconduct where the responsible student is permitted to return to or remain at Ithaca College, he/she will be required to complete a sexual misconduct education program.


7.1.2.8.1 Good Judicial Standing

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:


7.1.2.8.2 Written Warning

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. In addition, a judicial hold may be placed on a student's record if the student fails to complete a requirement of a judicial sanction by the prescribed deadline. The judicial hold will prevent the student from registering for classes or adding/dropping classes until the judicial requirement is completed and the hold is cleared.


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.


7.1.2.9.2 Crimes of Violence [IX.B]

A crime of violence is defined as:

  1. An offense that has an element of the use, attempted use, or threatened use of physical force against a person or property of another, or
  2. Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committee the offense.

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.


7.1.2.9.3 Parental Notification [IX.C]

As amended by the Ithaca College Board of Trustees May 16, 2015.

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 assistant 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.

1. The NCHERM Group Model Code Project, 2013.

Last Updated: July 9, 2015