IV. Student Conduct Process

University and Student Conduct Boards

    The Student Conduct Boards - There shall be the following student conduct boards:

• Student Conduct Board, Queens Campus
• Student Conduct Board, Staten Island Campus
• University Conduct Board
  
  Jurisdiction - The Queens Campus Student Conduct Board shall have jurisdiction over violations alleged to have been committed by undergraduate and graduate students registered at the Queens, Manhattan or Oakdale Campuses.  The Staten Island Student Conduct Board shall have jurisdiction over violations alleged to have been committed by undergraduate and graduate students registered at the Staten Island Campus.  Members of the Conduct Board Panel may hear matters on any campus.  The University Conduct Board shall have jurisdiction over: (1) alleged serious violations of the Student Code of Conduct; or (2) matters which could result in suspension or expulsion from the University.
  
   Composition - The  Conduct Board Panel shall consist of  thirty-five members as follows:
• Eight (8) students from the Queens Campus
• Six (6) students from the Staten Island Campus
• Three (3) students from the Manhattan Campus
• Six (6) faculty members from the Queens Campus
• Four (4) faculty members from the Staten Island Campus
• Five (5) administrators from the Queens Campus
• Three (3) administrators from the Staten Island Campus

Selection for service on the Conduct Board Panel shall be made as follows:

• At the commencement of the academic year, the Vice President for Student Affairs or designee will select student candidates for service on the Conduct Board Panel.  The candidates will include undergraduate and graduate students.  Upon their acceptance, they shall receive a formal letter of appointment.
• Faculty will be elected by the full-time teaching faculty who are eligible to vote in the spring every two years in accordance with the ballot procedures in the University Statutes.  Upon their acceptance, the faculty members shall receive formal letters of appointment which shall be for a two-year term.
• Administrators shall indicate their interest to serve on the panel to the Vice President of Student Affairs or designee who shall select candidates for service.  Upon their acceptance, the administrators shall receive formal letters of appointment which shall be for a two-year term.
  
  Hearing Panels – There shall be the following hearing panels:
  University Conduct Board: Each University Conduct Board hearing shall be conducted before a hearing panel consisting of five (5) members of the Conduct Board Panel. Each University Conduct Board Hearing Panel shall consist of two (2) faculty members or administrators and three (3) students. Where possible, the students chosen should be: (1) from the campus where the charged student is registered; (2) undergraduate students where the charged student is an undergraduate student; and (3) graduate students where the charged student is a graduate student.  The Dean of Students, or designee, shall select the hearing panel from those available for service.  The Dean of Students, or designee, shall select an appropriate administrator to serve as the non-voting Chair of the panel. The Chair shall be responsible for conducting the hearing in an orderly and efficient manner, and for that purpose, may make decisions related to admission of evidence and witness testimony. The purpose of the hearing is to make findings of fact with respect to the matter before the panel and for that reason witness testimony about the charged student’s character will not be permitted. 
  
  Student Conduct Board: Each Student Conduct Board hearing shall be conducted before a hearing panel consisting of a minimum of three (3) student members of the Conduct Board Panel. Where possible, the students chosen should be: (1) from the campus where the charged student is registered; (2) undergraduate students where the charged student is an undergraduate student; and (3) graduate students where the charged student is a graduate student.  The Dean of Students or designee shall select the hearing panel from those available for service.  A voting Chair shall be selected from among the student panelists.  The Chair shall be responsible for conducting the hearing in an orderly and efficient manner, and for that purpose, may make decisions related to admission of evidence and witness testimony. The purpose of the hearing is to make findings of fact with respect to the matter before the panel and for that reason witness testimony about the charged student’s character will not be permitted.

General Provisions for Hearings of both University Conduct Board and Student Conduct Board

The following general provisions are common elements for conduct board hearings:

• At the hearing, the Student Conduct Administrator or designee shall present charges on behalf of the Complainant.
   
• The Chair of the hearing panel is responsible for the orderly and proper functioning of all hearings and for ensuring that both parties receive the opportunity to present relevant facts.
   
•  Hearings are to be private and not open to the general University population or to the public.  The Hearing Panel’s decisions and reasons may be made public if in the sole judgment of the University, and as allowed by law, it is deemed necessary to do so.  Hearing Panel members are duty-bound to maintain confidentiality. The University anticipates that hearings shall be conducted within sixty (60) days of the end of the Behavioral Hearing.  Unique circumstances of individual matters may require extension of time frames set forth herein within the discretion of the University.
   
• All persons attending the proceedings shall conduct themselves in an orderly and respectful manner.  Any person who engages in an obstructive, disruptive or disorderly manner in the presence of the Hearing Panel will be removed from the hearing room in the sole discretion of the Chair and may be appropriately charged.
   
• The University shall record only the University Conduct Board hearings either by audiotape or other means. No other recordings of the hearings may be made.
   
• Students charged may be accompanied in the hearing by an advisor who is a member of the University Advisor Panel.  No person can be compelled to be an advisor, and if the student is unable to secure a willing advisor s/he must nonetheless participate in the hearing without an advisor.  The advisor may advise the charged student, but may not participate in the hearing in any other capacity and may not be a witness.  Except in areas of alleged sexual misconduct, only the charged student may have an advisor present at the hearing.  In cases of alleged sexual misconduct, the complainant and the charged student are both entitled to have an advisor present during the hearing.  An advisor may consult only, and may not participate or be heard at the hearing. There is no right to have an attorney present to represent any party or witness.
            
  
  • At least two school days prior to the scheduled hearing date, the student must request the assistance of an advisor to the Student Conduct Administrator.
     
  • Advisors may not appear in place of the complainant or the charged student.
     
• The University reserves the right to have an attorney present in an advisory capacity.
   
•  If the charged student does not appear for the hearing at its scheduled time, the hearing will proceed at the discretion of the Hearing Panel in consultation with the Student Conduct Administrator.
   
• Strict conformity to the legal rules of evidence will not be required at hearings.  A finding of culpability in all matters shall be based on a preponderance of the evidence.
   
• Two school days prior to the hearing, the charged student and the Student Conduct Administrator must submit lists identifying the witnesses they expect to present at the hearing. The Chair has the discretion to exclude any witness not previously identified. In the discretion of the University, accommodations for witnesses may be made.
   
• The Hearing Panel may request the appearance of any additional witness it deems appropriate.

The following general provisions are common elements for conduct board hearings:
 

• The Chair will explain the function of the hearing, verify that the charged student and the complainant are aware of the rights of a student before the Hearing Panel and inform the charged student and the complainant that s/he and all witnesses will be asked to affirm the truthfulness of their testimony and that providing false information to the Hearing Panel is a violation in itself.
   
• The Chair will ask whether there will be any witnesses testifying on behalf of the charged student and the complainant, advise the charged student and the complainant of the right to be present at all stages of the hearing process except deliberation, read the charges, and inform the charged student and the complainant that the hearing is being tape-recorded in the case of a University Conduct Board.
   
• The Student Conduct Administrator will present the incident report, charges and, as necessary, any statement submitted on the case.
   
• Hearing Panel members may question the Student Conduct Administrator and any witnesses called by the Student Conduct Administrator.
   
• The charged student and the complainant have the right to question all witnesses who testify at the hearing. Questions shall be submitted to the Hearing Panel who will direct them to the witness.
   
• The Chair will offer the charged student the opportunity to testify or remain silent.  If the charged student elects to testify, he/she is obligated to answer relevant questions by any member of the Hearing Panel. If the charged student refuses to answer any question that question and/or answer may not later be presented as grounds for any appeal.
   
• The charged student and the complainant may call witnesses on his/her behalf even if he/she does not testify.
   
• Hearing Panel members may question witnesses called by the charged student and the complainant.  Any party to the hearing may submit questions to the Hearing Panel to be asked of the witness.
   
• All witnesses will be excused from the hearing room upon completion of their testimony.  The Chair will advise these witnesses that they are not to discuss their testimony outside the hearing room, including during any breaks in the hearing. Witnesses will not be allowed in the hearing room prior to their testimony.
   
• The members of the Hearing Panel may recall any witnesses if needed.

Deliberation

• Upon conclusion of all testimony the Hearing Panel will meet in private to deliberate the matter.
   
• No deliberation will be tape-recorded.
   
• The determination of culpability for violations is decided by a majority vote of the Hearing Panel.
   
• The Hearing Panel shall relate its findings to the Dean of Students for imposition of appropriate sanctions.

Notification
After the hearing and deliberations have been completed, the Student Conduct Administrator will send written notification of the results of the hearing to the Dean of Students and to the charged student.  If the alleged violation is sexual misconduct, both parties will be notified in writing of the outcome of both the complaint and any appeal.

Hearing Records
All written records and tape recordings of proceedings are confidential and are property of the University. A copy of all material associated with the hearing will be retained by the Department of Student Affairs for seven (7) years after a student leaves the University at which time all records will be destroyed except records that support a suspension or expulsion.