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.
Section A: Incident Report
1. An incident report is a written description of an
alleged violation of the Code of Conduct. Any member of the
University community may report an alleged violation, in writing,
to the Judicial Officer or to the Senior Student Affairs
Officer.
2. Upon receipt of the written incident report, the
Judicial Officer or designee will promptly investigate the alleged
violation and question persons with knowledge of the incident
including the alleged violator.
3. Before questioning the person accused of the
violation the investigator must inform the person of the nature of
the alleged violation.
4. If the Judicial Officer finds sufficient reason to
make a formal charge against the student, the accused will be
notified of the charges in writing (by mail, return receipt
requested or hand-delivered) with notice of the commencement of
proceedings and a copy of the applicable judicial procedures.
5. In cases of an alleged assault, sexual assault or
harassment, the Judicial Officer will notify the student making the
charge of the options for, and available assistance in, changing
academic or housing situations.
Section B: Pre-Hearing Conference
1. 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.
2. If further action is warranted, the Judicial
Officer or designee shall evaluate the alleged violation and
determine whether, if true, it would warrant a suspension or
expulsion.
a. Matters involving
expulsion. If the violation would warrant the
Judicial Officer to recommend expulsion, the Judicial Officer must
refer the matter to the appropriate Judicial Board for a
hearing.
b. Matters involving
suspension. If the violation would warrant suspension
and the facts are not in dispute, the Judicial Officer has the
discretion to allow the student to submit the matter to the
Judicial Officer for resolution. The Judicial Officer is under no
obligation to make this offer and the student is under no
obligation to accept it. If the Judicial Officer decides to extend
the offer, the Judicial Officer must inform the student in advance
of the proposed resolution of the matter and any sanction that
he/she would impose. The agreement to accept a resolution by the
Judicial Officer must be in writing, must contain a description of
the violation, a statement of the sanction to be imposed, and must
be signed by the Judicial Officer and the student. A student who
accepts the Judicial Officer’s discipline has no right of further
review or appeal. If the Judicial Officer’s discipline is not
available to the student, or the student chooses not to accept it,
then the matter will proceed to a hearing.
c. Less serious
matters. If the matter is not serious enough to
warrant a recommendation of expulsion or suspension 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 facts are
not in dispute, the student waives his/her right to a hearing or
appeal.
3. At the discretion of the Judicial Officer, a
student may be suspended 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
pending a hearing may not enter University property and is
ineligible to attend classes or examinations. Once imposed, a
suspension takes effect immediately. A suspension pending a hearing
is not a University sanction, and no notation of it will be made in
the student’s transcript or file.
4. The decision to suspend pending a hearing is not
subject to review. Except where a student is charged with a
violation referred to in paragraph 5, if the hearing is delayed
more than ten (10) days beyond the date it is scheduled, and such
delay is in no part at the request of the accused, then the accused
may appeal the continued suspension to the Appeals Board, which
will make a decision after hearing statements from the student and
the Judicial Officer.
5. If a student is charged with the violation of a
state or federal criminal statute (or its equivalent in another
jurisdiction), the University may defer the hearing until the
conclusion of any criminal proceedings. In such circumstances, a
suspension pending the hearing may continue until the conclusion of
the criminal proceedings. The decision to continue the suspension
pending criminal proceedings is not subject to review by the
Appeals Board.
Section C: Initiation of the Hearing
1. Within ten (10) school days after service of the
charges, the Judicial Officer shall set the date, time and place of
the hearing and provide written notice thereof to the accused (by
mail, return receipt requested or hand-delivered) . A school day is
a weekday when school is in session. The hearing shall commence no
later than twenty (20) school days after the service of charges.
The accused is personally responsible for contacting the Judicial
Officer to request any change in the time of the hearing. For good
cause, an postponement will be granted to the accused upon advance
request.
2. The accused may discuss the procedures of the
impending hearing with the Judicial Officer. The accused may not
contact individual members of the University Judicial Board while a
charge is pending.
University Judicial Board
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.
Section A: The Judicial Boards
There shall be the following Judicial Boards:
1. Judicial Board, Queens Campus
2. Judicial Board, Staten Island Campus
Section B: Jurisdiction
The Queens Campus Judicial 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 Judicial Board shall have jurisdiction
over violations alleged to have been committed by undergraduate and
graduate students registered at the Staten Island Campus. Members
of each Judicial Board may hear matters on any campus.
Section C: Composition
1. The University Judicial Board shall consist of
twenty-seven members as follows:
a. Eight (8) students from the
Queens Campus.
b. Six (6) students from the Staten
Island Campus.
c. Three (3) students from the
Manhattan Campus.
d. Six (6) faculty members from the
Queens Campus.
e. Four (4) faculty members from the
Staten Island Campus.
2. Selection for service on the University Judicial
Board shall be made as follows:
a. At the commencement of the
academic year, the Vice President for Student Life will confer with
the local Student Government President and select candidates for
service on the Judicial Board. The candidates will include
undergraduate and graduate students. Upon their acceptance, they
shall receive a formal letter of appointment.
b. 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.
Section D: Hearing Panels
Each hearing shall be conducted before a Hearing Panel consisting
of five (5) members of the Judicial Board. Each Hearing Panel shall
consist of two (2)faculty members and three (3)students. Where
possible, the students chosen should be (i) from the campus where
the accused is registered, (ii) undergraduate students where the
accused is an undergraduate student, and (iii) graduate students
where the accused is a graduate student. The Vice President for
Student Life shall select the Hearing Panel from those available
for service. The Provost, in consultation with the Vice President
for Student Life, shall select a Dean or Associate Dean or an
Administrator to serve as a non-voting Chair. The Chair shall be
responsible for conducting the hearing in an orderly and efficient
manner, and for that purpose, may rule on the order of witnesses,
and may preclude duplicative testimony. The purpose of the hearing
is to make findings of fact and for that reason, character
witnesses will not be permitted.
Section E: General Provisions for Hearings
1. Upon the initiation of a hearing, the Judicial
Officer serves in an advisory capacity and does not participate in
adjudicating alleged violations. The Judicial Officer is
responsible for the administrative procedures of the University
Judicial Board.
2. The Chair of the Hearing Panel is responsible for
the orderly and proper functioning of all hearings, is present
throughout all phases of adjudication and participates in
discussions pertinent to the issues before the Hearing Panel. The
Chair acts to ensure that both parties receive the opportunity to
present relevant facts, and during deliberation that the decision
rendered is in accordance with established procedures.
3. 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 it is deemed necessary to do so. Hearing Panel
members are duty-bound to maintain confidentiality.
4. 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 ejected form the hearing room
and may be appropriately charged.
5. The University records all hearings either by
audiotape or other means. No other recordings of the hearings may
be made.
6. Students charged may be accompanied in the hearing
by an advisor. 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 accused, but may not participate in the
hearing in any other capacity and may not be a witness. Except in
areas of alleged sexual assault, only the accused may have an
advisor present at the hearing. In cases of alleged sexual assault,
the accuser and the accused are both entitled to have an advisor
present during the disciplinary proceedings. An advisor may consult
only, and may not participate or be heard at the hearing.
a. At least two school days prior to
the scheduled hearing date the student must provide the name of the
advisor to the Judicial Officer.
b. Advisors may not appear in place
of the accuser or the accused.
7. The University reserves the right to have an
attorney present in an advisory capacity.
8. If the accused 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 Judicial
Officer.
9. Strict conformity to the legal rules of evidence
will not be required at hearings. A finding of culpability shall be
based on a preponderance of the evidence.
10. At the hearing, the accused and the Judicial Officer
must submit lists identifying the witnesses they expect to present
at the hearing.
11. The Hearing Panel may request the appearance of any
witness it deems appropriate.
12. Information provided by a person whose identity had not
been disclosed to the accused shall be dealt with in the following
manner:
a. Information submitted by the
Judicial Officer may be used if it is not the sole evidence of
culpability provided. The information must be written and signed by
the person whose identity will be revealed only to the members of
the Hearing Panel.
b. The Hearing Panel may require the
source of the information to appear before them in private and
provide background or additional detail on the information
previously provided. If the Hearing Panel considers it necessary to
a fair hearing, the Hearing Panel may require the person to appear
at the hearing.
c. In extraordinary circumstances
the Judicial Officer can waive the requirement that the undisclosed
source appear at the Hearing Panel’s request.
Section F: Hearing Procedures
1. The Chair will call the meeting to order.
2. The Chair will explain the function of the hearing,
verify that the accused is aware of the rights of a student before
the Hearing Panel and inform the accused that he/she 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.
3. The Chair will ask whether there will be any
witnesses testifying on behalf of the accused, advise the accused
of the right to be present at all stages of the hearing process
except deliberation, read the charges, and inform the accused that
the hearing is being tape-recorded.
4. The Judicial Officer will read the incident report
and, as necessary, any statement submitted on the case.
5. Hearing Panel members may then question the
Judicial Officer and any witnesses called by the Judicial
Officer.
6. The accused has the right to question all witnesses
who testify at the hearing.
7. The Chair will then offer the accused the
opportunity to testify or remain silent. If the accused elects to
testify, he/she is obligated to answer relevant questions by anyone
at the hearing.
8. The accused may call witnesses on his/her behalf
even if he/she does not testify.
9. Hearing Panel members and any party to the hearing
may question witnesses called by the accused.
10. 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 recesses.
11. The members of the Hearing Panel may recall any
witnesses if needed.
Section G: Deliberation
1. Upon conclusion of all testimony the Hearing Panel
will meet in private to deliberate the matter.
2. The deliberation will not be tape-recorded.
3. The determination of culpability for violations and
the penalty to be imposed is determined by a majority vote of the
Hearing Panel.
4. In the event of a determination of culpability, the
Hearing Panel may impose a sanction or recommend that the accused
by expelled from the University.
5. In determining a sanction or recommendation the
Hearing Panel may consider the past disciplinary record and
previous offenses of the accused. The Judicial Officer will provide
this information to the Hearing Panel for consideration.
H. Notification
After the hearing and deliberations have been
completed, the Judicial Officer will send written notification of
the results of the hearing to the Senior Student Affairs Officer
and to the accused as soon as practicable. If the alleged violation
is a sexual assault, the accuser shall also be notified of the
outcome of the proceeding.
Section I: Hearing Records
1. All written records and tape recordings of
proceedings are confidential.
2. A copy of all material associated with the hearing
will be retained by the Department of Student Life for five (5)
years after a student leaves the University at which time all
records will be destroyed except records that support a suspension
or expulsion.