The Board of Trustees at the December 15, 2004 meeting has
approved these policies. They are subject to future revisions and
will be reviewed by the Board annually.
Ultimate authority over student discipline for violations of
Residence Life policies and procedures is vested in the Vice
President for Student Affairs, who may exercise it in his/her
discretion whenever he/she believes that the interests of the
University warrant it and impose any penalty, including removal
from the residence halls. In exercising such plenary
authority, The Vice President will afford the student an
opportunity to know the charges against him/her, and to offer
his/her version of the events. Action taken by the Vice
President is final and closes the matter. The Vice President
may designate the Dean of Students to exercise this authority when
he/she deems it necessary or convenient.
As an ordinary matter, when an issue arises concerning whether a
student has violated the Student Code of Conduct, University or
Residence Life policies and procedures, the following process will
be followed. Students are obligated to follow through with
the judicial proceedings and will be held accountable for
non-compliance.
Incident Report Submission
An incident report is received by the Office of Judicial
Affairs. Any student, employee, Residence Life staff member,
or University official may submit an incident report to the Office
of Judicial Affairs (a report can be submitted to the Office of
Student Life on the Staten Island and Manhattan Campuses – this
report will then be submitted to the Office of Judicial Affairs for
review).
Incident Report Review
The Office of Judicial Affairs will review the incident
report. If the incident requires judicial recourse, the
Office of Judicial Affairs will refer the matter to the appropriate
hearing body.
Pre-Hearing Conference
After the student has been served the notice of charges, the
Judicial Officer or designee may hold pre-hearing conferences with
the accused and the person submitting the report to determine the
facts of the case. If the Judicial Officer determines that no
action is warranted, the charges will be dismissed and the Judicial
Officer shall confirm the dismissal in writing. If further
action is warranted, the Judicial Officer or designee shall
evaluate the alleged violation and determine whether, if true, it
would warrant a non-academic disciplinary resolution.
If the matter is not serious enough to warrant a recommendation
of removal from the residence halls, and the facts are not in
dispute, the Judicial Officer may, at his or her own discretion,
resolve the matter without a hearing.
If the student contests the charges he/she will be notified, in
writing, of their alleged violation and a date when the hearing
will be held with the appropriate hearing body. Failure to
attend the hearing will be regarded as a no-contest plea and the
hearing body will set the sanction(s). The type of alleged
violation may determine which hearing body you will appear
before. Please note that attendance at this conference is
mandatory and your failure to appear will result in additional
sanctions.
The hearing bodies you meet with may depend on the campus where
the student resides:
Queens Campus
Residence Directors - Most cases will be heard at this level
Director of Judicial Affairs (or designee)
Residence Hall Conduct Board: The Assistant Director of Judicial
Affairs, in consultation with the Director of Judicial Affairs,
will determine whether a case will be elevated to this level. Cases
referred to the Conduct Board will usually be of a more serious
nature, ranging from possession or use of illegal drugs to
theft/damage to property. A student may request, in writing,
an administrative hearing, rather than a hearing before the Conduct
Board. The Office of Judicial Affairs can choose to accept or
deny this request. If the student is granted an
administrative hearing, the decision is final and cannot be
appealed by the student.
Staten Island Campus
Assistant Director of Residence Life - Most cases will be heard at
this level
Assistant Dean of Student Life
Manhattan Campus
Director of Student Life - Most cases will be heard at this
level
The Hearing
When the student meets with a hearing body, the student will
have the opportunity to:
- Speak on his/her behalf
- Provide relevant documentation and witnesses to the
situation.
- Bring an advisor who may attend, but not participate in the
hearing. The resident must provide a list of any witnesses and the
name of any advisor attending the hearing at least 24 hours prior
to the meeting. The list should be provided to the respective
hearing body.
Witnesses must be directly related to the incident. Character
witnesses will not be heard at the hearing.
Decision Notification
After the hearing, the hearing body will determine whether the
student violated Residence Life and/or University Policies and
Procedures.
The student will be notified of the hearing body’s decision in
writing. If the student is found in violation, the letter
will explain the sanction. The student may also be required to
schedule an appointment to discuss the outcome of the hearing and
the sanction with a judicial officer from the respective
campus.
Sanctions
The University has identified a number of administrative and
educational sanctions to address inappropriate behavior.
Students who engage in behavior that violates the terms, conditions
and regulations of University and/or Residence Life policies and
procedures may be assigned either or both types of sanctions.
If a student is found in violation for said infraction(s), he/she
will be required to certify the completion of their sanctions with
a judicial officer from the respective campus.
All reported violations of University policies and procedures
will result in the creation of a file that becomes part of the
student’s disciplinary record and maintained by the Office of
Judicial Affairs. Students are to comply with all sanctions
issued by a University official. Failure to comply with such
sanctions will result in further disciplinary action.
Sanctions should be commensurate with the violation(s) found to
have occurred. In determining an appropriate sanction, the hearing
body should take into account any mitigating circumstances and any
aggravating factors (i.e., provocation, any past misconduct, any
failure to comply with previous sanctions, the actual and potential
harm caused by the violation, the degree of intent and motivation
of the student in committing the violation). Impairment resulting
from voluntary use of alcohol or drugs (other than medically
necessary) will be considered an aggravating factor. Previous
judicial history will be reviewed and will have an impact on
determining an appropriate sanction.
Sanctions for violations of University and/or Residence Life
policies and procedures may include one or more of the
following:
Letter of Warning – A written statement that a violation
occurred and any future violations of University or Residence Life
Policies will result in more serious sanctions.
Behavioral Contracts – As a condition of continued residency,
students may be required to sign and abide by a contract outlining
specific behavioral expectations for that student.
Conference, Consultation, or Referral – The student may be
required to meet or consult with an appropriate University official
or health care professional, or to attend a program or seminar for
educational purposes (including diagnostic referrals, drug
assessments, alcohol education class, etc.).
Restriction of Privileges – The student may be restricted or
prohibited from participating in particular residence life
activities, signing in guests, or from using particular residence
life facilities for a specified period of time.
Restitution for Loss, Damage, or Service Costs – The student
must pay for damages or misappropriation of University property.
This may be required through financial payment, community service,
or both. You will find a list of sanction fines elsewhere in this
handbook.
Administrative Room Change – The resident found in violation is
assigned to a new room and/or residence hall and the privilege of
moving at the student’s discretion is revoked. The student may be
restricted from entering the building/room from which he or she was
removed. Notification of the new room assignment will be made
in writing and the student will be given 48 hours to complete the
move.
Housing Probation – A specified period of observation and review
will be initiated. Housing Probation is implemented for either a
serious policy violation or a repeated series of inappropriate
behavior. Housing Probation can either be for a specified
period of time or it may be permanent. While on Housing
Probation, any disregard for Residence Life policies and procedures
will result in the immediate termination of a student’s Residence
Life Contract.
Interim Suspension – At the discretion of the Judicial Officer,
a student may be suspended from the residence halls pending a
hearing to ensure the safety and well being of members of the
University or their property or to ensure the student’s own safety
and well-being. A student suspended from the residence halls
pending a hearing may not enter the following locations: Queens
Residence Village, Montgoris Dining Hall, the Seton Complex, the
DePaul Houses, Grymes Hill Apartments, or the Manhattan Campus
residence floors, without written permission from the Office of
Judicial Affairs. Once imposed, a suspension takes effect
immediately. The decision to suspend from the residence halls
pending a hearing is not subject to review.
Suspension – The student is restricted from the Residence Village,
Montgoris Dining Hall, Seton Complex or the DePaul Houses.
The period of suspension will be for a specific period of
time. At the end of the suspension, the student must meet
with the Senior Student Affairs Officer (or designee) who will
determine reinstatement in his/her sole discretion.
Housing Termination – The student must immediately vacate
his/her room and is permanently ineligible to live on campus.
Upon termination of your Residence Life Contract, residents lose
all on-campus housing rights previously granted. Notification will
be made in writing and the respondent will normally be granted 24
hours to complete the move. Should the respondent’s continued
presence in the Residence Life facilities pose a serious and
substantial threat to the hall community, the student may be
required to vacate immediately.
Educational Interventions – educational interventions require a
student to become actively engaged in a process, which will
challenge the student to learn how his/her behavior impacts the
community, and how he/she can make positive contributions to the
community. This list includes, but is not limited to:
Community Service Work – assignments or tasks specified in terms
of work hours or a specified project, service, or presentation to
be completed within a specified time frame.
Educational Projects –may include writing an essay, attending
and/or presenting a workshop, creating a bulletin board, etc.
Failure to Appear for a Judicial
Hearing
In the event that a student fails to attend a judicial
hearing, or fails to reschedule a judicial hearing prior to the
appointed time, the hearing body can review, adjudicate, and issue
sanction(s) in the student’s absence. Your failure to appear
will result in additional disciplinary sanctions.
Appeals
Once the hearing has been completed and a determination has
been made, the student may appeal the finding of responsibility or
the penalty determination. If an appeal is pending, the sanction
imposed will not go into effect. However, if a student has been
suspended from the residence halls pending the hearing, the
suspension continues until the appeal process is completed.
A determination on appeal may be overturned only when it is
demonstrated that prejudicial error occurred which denied the
appealing party a fair hearing, or there is no evidence in the
record of the hearing, which if credited, would support the
determination. A penalty may be modified only when it is
demonstrated that there is a substantial discrepancy between the
infraction and the penalty imposed.
A party wishing to appeal must contact the appropriate hearing
officer within five (5) school days of the receipt of the initial
decision and notify him/her of the intention to appeal. A student
who fails to file a notice of appeal and a written submission
within the times specified waives the right to appeal.
Appeals must be submitted in writing to the appropriate hearing
officer:
Assistant Director of Judicial Affairs
(Queens Campus)
The Assistant Director of Judicial Affairs will review and hear
appeals of decisions issued by either the Residence Directors or
the Coordinators of Judicial Affairs.
Director of Judicial Affairs (Queens
Campus)
The Director of Judicial Affairs will hear appeals of decisions
made by either the Assistant Director of Judicial Affairs,
Residence Hall Conduct Board, or the Director of Student Life –
Manhattan Campus.
Dean of Student Life (Staten Island
Campus)
The Dean of Student Life (or their designee) will review and hear
appeals of decisions issued by the Office of Residence Life or the
Assistant Dean of Student Life.
Associate Vice President of Student
Affairs/Dean of Students
The Associate Vice President of Student Affairs/Dean of Students
will review and hear appeals of decisions issued by the Director of
Judicial Affairs.
Vice President of Student
Affairs
The Vice President of Student Affairs will only hear appeals of
decisions issued by the Associate Vice President of Student
Affairs/Dean of Students.
A student is only entitled to one appeal. The decision of
the individual hearing the appeal is final and closes the
matter.
Postponing of Charges
Judicial proceedings and actions are not subject to
challenge or postponement on the grounds that criminal or civil
charges involving the same incident have been dismissed, reduced,
or is pending in civil or criminal court.
Parental Notification for Alcohol &
Other Drug Violations
Excessive, abusive, illegal and/or repetitive use of alcohol
and/or drugs is inconsistent with the maintenance of an educational
environment. Such behavior threatens the well-being of persons and
property and tends to diminish students’ prospects for personal and
intellectual development and academic success. When students are
found to have committed serious or repeated violations of
university policies related to the possession, use, suspicion, or
distribution of alcohol or drugs, the Vice President for Student
Affairs (or his/her designee) has the authority to determine when
and by what means to notify parents or guardians. Whenever
possible, students will be informed that parental notification is
planned in advance of their parents receiving notice. The following
guidelines are used in determining whether to notify parents:
- The violation involves harm or threat of harm to persons or
property.
- The violation involves an arrest in which the student was taken
into custody.
- The student requires hospitalization as a result of consumption
of alcohol or drugs.
- The violation results in or could result in the student being
suspended from the university and/or dismissed from the residence
halls.
- The student has shown a pattern of violations-even if they are
minor. Two or more violations associated with drug or alcohol use
will result in notification.
- The violation involves the use/suspicion of drugs in and/or
around the campus.
- The Vice President of Student Affairs, or his/her designee,
deems it necessary.