Student Conduct Process

The Student Code of Conduct applies to behavior that occurs on-campus. Students may also be held accountable for allegations of misconduct which happen off University property if, in the judgment of the University, the ongoing effects of the alleged behavior impact the University community and/or any member of the community. Additionally, the Student Code of Conduct applies to behaviors in the context of a University-related or sponsored educational program or activity, regardless of the location, including study abroad, internships, or athletic activities or through the use of University-owned or provided technology resources.

Any person with a complaint against any member of the University community may report their concerns to the Office of Safety and Security. Additionally, the nature of the problem and possible courses of action may be discussed with the Director of Student Conduct. At their discretion, the provost, as well as the appropriate dean or their designee, may forward complaints to the student conduct process as well.

Although reports will be accepted at any time, an incident or complaint should be reported within forty-eight (48) hours as the passage of time will impede efforts to investigate and appropriately resolve alleged violations of the Student Code of Conduct.

If there is reason to believe University policy has been violated, an incident report will be created and forwarded to the Director of Student Conduct. The Director of Student Conduct will review the report, evaluate the information and determine the next appropriate actions. Depending on the circumstances of the alleged violation and the severity of possible sanctions, the Director of Student Conduct will determine how the incident is addressed through the student conduct process.

After an incident report has been processed, the respondent will receive written notification of the charges through their University email address or by mail (to the mailing address of record). This notification is referred to as a charge letter. It is the respondent's responsibility to check their University email address and USPS mail for such notifications. It is also the respondent's responsibility to complete the Conduct Meeting - Option Form linked in the charge letter and select the type of hearing they would like to have. If the respondent fails to respond to submit the Option Form within 48 hours of opening their letter, an Administrative Hearing will be scheduled for them.

Restorative Conference

A Restorative Conference gives students the option to accept responsibility for their charges and move directly into a developmental conversation with their hearing officer. The goal of this conference is to come to a mutual agreement on outcomes that will sufficiently resolve the incident and repair the harm the respondent caused. While most Restorative Conferences are one-on-one meetings, the hearing officer does have the right to invite other individuals to the Restorative Conference, including those impacted by the respondent's behavior, with the permission of the involved persons.

Note: See below for definitions of hearing participants.

Student Conduct Administrative Hearing

A Student Conduct Administrative Hearing (hereafter referred to as an Administrative Hearing) takes place between the respondent and the assigned hearing officer. Administrative Hearings are private and closed to anyone but the respondent and the assigned hearing officer. Hearing officers are staff members who have been trained in Student Conduct procedures.

Note: See below for definitions of hearing participants.

Student Conduct Committee Hearing

A Student Conduct Committee Hearing (hereafter referred to as a Committee Hearing) takes place between the respondent, complainant, the Student Conduct Committee, and any witnesses with firsthand knowledge. Committee Hearings are private and closed to everyone except the involved persons. At their discretion, the assistant director of student conduct may request that a representative from the Office of Safety and Security be present throughout the hearing as well, not to give information but to provide safety.

Note: See below for definitions of hearing participants.

The Student Conduct Hearing Committee (hereafter referred to as the Hearing Committee) is composed of faculty and staff who have been trained in Student Conduct procedures. The committee is chaired by the Director of Student Conduct or their designee.

The Respondent | The Complainant | Witnesses | Legal Counsel

The Respondent

The respondent is the student accused of violating the Student Code of Conduct.

Notification of Hearing Procedures for the Respondent

The respondent will receive written notification of their meeting through their University email address or by mail (either by hand delivery, or USPS to mailing address of record). This notification is referred to as an appearance letter. It is the respondent's responsibility to check their mail and University email address for such notifications.

The respondent will receive the appearance letter within five (5) business days of the completion of the final incident report with the following information:

1. The nature of the complaint
2. The code(s) allegedly violated
3. Options for the type of meetings available
4. Contact information for the hearing officer or committee chair
5. The need to be prepared to either acknowledge or deny responsibility for the alleged violation(s)
6. Procedures set to occur if the respondent chooses not to attend the hearing
7. Information about requesting accommodations for the Student Conduct Hearing through Student Accessibility Services
8. Committee Hearing appearance letters will also include:
1. The process for requesting witnesses
2. The opportunity for a pre hearing meeting

Hearing Attendance by Respondent

The respondent is strongly encouraged, but not required, to attend their hearing per the instructions in their appearance letter. If the respondent has a conflict with the date and/or time of the hearing it is their responsibility to contact the hearing officer or committee chair directly to reschedule. Hearings will take place without the respondent if they fail to appear.

Respondents are afforded the opportunity of 24 hours' notice between the time in which they receive an appearance letter and the time of the student conduct. The respondent may choose to expedite the hearing process by declining this opportunity and proceeding with the hearing without 24 hours' notice with the agreement of the complainant as applicable.

The Complainant

The complainant is any person reporting a problem or incident to the University. Complainants do not participate in Administrative Hearings however, while not required, a complainant may participate in a Committee Hearing or Restorative Conference. In the instance of the University being the complainant, a member of the Office of Safety and Security or a designated University official may act as the complainant on the University's behalf.

Hearing Attendance by Complainant

If the complainant wants to participate in a Committee Hearing but has a conflict with the date and/or time of the hearing it is their responsibility to contact the committee chair directly to reschedule. Hearings will take place without the complainant if they fail to appear.

Complainants are afforded the opportunity of 24 hours' notice between the time in which they receive an appearance letter and the time of the hearing. The complainant may choose to expedite the hearing process by declining this opportunity and proceeding with the hearing without 24 hours' notice with the agreement of the respondent as applicable.

Witnesses

Witness Participation Administrative Hearings

An Administrative Hearing is closed to anyone except the respondent and the assigned hearing officer; witnesses are not permitted to attend. The respondent may directly request any witnesses with firsthand knowledge fill out a statement of fact through the Office of Safety and Security. Statements must be completed at least 48 hours before the scheduled hearing.

Witness Participation in Committee Hearings

The respondent and complainant may both, separately, request that witnesses with firsthand knowledge attend the Committee Hearing. Requests for witnesses must be made to the Office of Student Conduct at least 48 hours before the scheduled hearing. If a witness is unavailable to attend the hearing procedures, the witness may fill out a statement of fact form through the Office of Safety and Security. Statements must be completed at least 48 hours before the scheduled hearing.

Additionally, the Office of Student Conduct has the discretion to request that witnesses with firsthand knowledge of the incident, but who have not been requested by the respondent(s) and/or complainant(s), participate in the hearing or Restorative Conference.

It is the responsibility of the person requesting the witness to ensure witness attends the scheduled hearing. If a witness does not appear, the hearing procedures will continue without the benefit of participation of the witness.

Although a witness may be requested to participate in a Student Conduct Hearing, they are not required or obligated to participate. Retaliation against any witness is strictly prohibited.

Whenever possible, witnesses will be contacted prior to hearing procedures with information and options regarding their participation in the hearing procedures, resources, retaliation, nondisclosure information, and information about requesting accommodations for the Student Conduct Hearing through Student Accessibility Services. Witnesses may also schedule a pre-hearing meeting to discuss hearing procedures and their participation in the hearing process. Witnesses are not notified of the outcome of the hearing.

Please Note: A witnesses cannot also serve in the role of legal counsel.

Legal Counsel

A student may not be accompanied by legal counsel, unless criminal charges are pending or foreseeable. In those cases, legal counsel may accompany the student to meetings and the hearing for the sole purpose of advising the student. Legal counsel requests must be submitted to the Office of Student Conduct at least 48 hours in advance of the first scheduled meeting or hearing in which legal counsel will be present.

Legal counsel is not permitted to directly address anyone other than their client at any time including asking any question or speaking on behalf of their client. Should legal counsel violate the terms of this role they will be asked to leave the meeting or hearing procedures and will no longer be permitted to participate in meetings or the student conduct hearing process. It is the responsibility of the student requesting legal counsel to insure compliance with this policy. It is the responsibility of the student requesting legal counsel to ensure that they attend scheduled meetings and/or hearing. If legal counsel does not appear, the meetings/hearing procedures will continue without the benefit of their participation.

Please Note: Legal counsel cannot also serve in the role of a witness.

Restorative Conference | Administrative Hearings | Committee Hearings | Determining Responsibility

Restorative Conference

The following is a general description of the student conduct hearing procedures for Restorative Conference. These procedures may vary as appropriate for specific Restorative Conference.

1. The hearing officer will confirm the respondent's desire to accept responsibility for all charges.
2. The hearing officer and the respondent will discuss the incident, the harm that was caused, and discuss possible outcomes to resolve the incident.
3. When applicable, other participants present will discuss the behavior that occurred and the impact it had on themselves and the community.
4. The individuals present will mutually agree on the appropriate outcomes to for the incident. If mutual agreement can not be reached, the responding student will meet with a different hearing officer at a later date for an Administrative Hearing.
5. The hearing officer will review record keeping procedures and confidentiality procedures.

Please Note: No audio or other recording of an Restorative Conference is permitted by any person.

Administrative Hearings

The following is a general description of the student conduct hearing procedures for Administrative Hearings. These procedures may vary as appropriate for specific Administrative Hearings.

1. The hearing officer will review the respondent's Due Process Opportunities [pdf] in the student conduct process.
2. The hearing officer will review the incident report(s).
3. The hearing officer will review the student's appearance letter including the alleged violations.
4. The respondent may:
   1. take responsibility for the alleged violations; or
   2. present their account of the incident or behavior in question, including presenting relevant information and responding to any information provided in writing by any witnesses.
5. The hearing officer will have the opportunity to ask the respondent any relevant questions in regard to the incident.
6. The hearing officer will summarize to the respondent their understanding of the incident or behavior in question and ask if there is anything else the respondent would like to share.
7. The hearing officer will consider the information presented and determine responsibility for the violation(s), and any sanction(s) to be applied in the event the respondent is found responsible for the violation(s).
8. The respondent will be informed of the outcome of the hearing verbally at the closing of the hearing or may be told that more information is needed before making a decision.
   1. If the respondent is found not responsible, no further action will be taken.
   2. If the respondent is found responsible, any sanctions will be effective immediately.
   3. If more information is needed, the respondent will be provided with a date by which the decision will be made.
9. The hearing officer will review record keeping procedures, confidentiality procedures and opportunity for appeal.

Please Note: No audio or other recording of an Administrative Hearing is permitted by any person.

Committee Hearings

The following is a general description of the student conduct hearing procedures for Committee Hearings. These procedures may vary as appropriate for specific hearings.

1. Everyone present in the Committee Hearing, including the committee, respondent, complainant, witnesses and legal counsel, will be introduced, their roles in the process and expectations of behavior will be clarified and the respondent's and complainant's Due Process Opportunities [pdf] will be reviewed.
2. The witnesses will leave the hearing room. 
3. A member of the Hearing Committee will review the appearance letter(s), which includes the alleged violations, as well as the incident report(s).
4. The complainant and respondent present their accounts of the incident, including presenting relevant information and responding to information provided in writing by any witnesses.
5. Members of the Hearing Committee will ask the complainant and respondent relevant questions regarding the incident.
6. Witnesses will be invited into the hearing room individually to provide any relevant firsthand information regarding the incident. At this time, members of the Hearing Committee will ask the witness any relevant questions in regard to the incident. The witness will leave the room after sharing their information.
7. A member of the Hearing Committee will summarize its understanding of the incident.
8. The complainant and respondent will be offered an opportunity to make a summary statement to the Hearing Committee.
9. All persons but the Hearing Committee will then be excused from the hearing room while they consider the information presented and determine responsibility for the violation(s), and any sanction(s) to be applied in the event the respondent is found responsible for the violation(s).
10. Once a decision is made, the respondent will be invited back into the room and receive information regarding the finding of responsibility for alleged violations, any sanction assigned and rationale for the decision(s).
    1. If the respondent is found not responsible, no further action will be taken.
    2. If the respondent is found responsible, any sanctions will be effective immediately.
    3. If more information is needed, the respondent will be provided with a date by which the decision will be made.
11. A member of the Hearing Committee will review record keeping procedures, confidentiality procedures and opportunity for appeal.

Please Note: Committee Hearings will be audio recorded by the University. No audio or other recording of a Committee Hearing is permitted by any other person.

Procedure for Determining Responsibility

In order to determine responsibility regarding any alleged violations the hearing officer or Hearing Committee reviews all information presented through the report(s), complainant, respondent, and any witnesses. The Hearing Committee or hearing officer does not consider a respondent's previous findings of responsibility when determining responsibility in the current matter. The determination of responsibility for a violation(s) of the Student Code of Conduct will be made if, in the judgment of the hearing officer or the majority of Student Conduct Hearing Committee members present in the hearing, that the conduct was more likely than not to have occurred as alleged (i.e.- the "preponderance of the evidence").

Primary Sanctions | Secondary Sanctions

After a finding of responsibility, the hearing officer or Hearing Committee will determine the appropriate sanctions for the respondent. A respondent's prior findings of responsibility and previous sanctions will be taken into consideration when new sanctioning decisions are assigned.

The following sanctions, or modifications or combinations of them, may be applied:

Primary Sanctions

Respondents who are found responsible for violating the Student Code of Conduct may be assigned a primary sanction at the conclusion of the hearing process.

1. Written Warning: A Written Warning serves as an expression of concern regarding behavior and as notice that upon a finding of responsibility in any other future violations, a student may be held accountable to increasingly significant sanctions. Written Warnings do not have an expiration date.
2. Disciplinary Probation/Disciplinary Probation Extension: Disciplinary Probation is a status imposed for a specific period of time during which a student must demonstrate behavior that aligns with the Student Code of Conduct. Students on Disciplinary Probation may be restricted from certain privileges and/or lose eligibility for activities at the University. Additionally, any finding of responsibility in future violations may result in extending the time period of Disciplinary Probation status and/or increasingly significant sanctions. For assignments of Disciplinary Probation of two years or more, students may request a Probationary Status Review after 18 months.
3. Suspension: Suspension from the University means a temporary termination of student status. The student may not re-enroll at St. John Fisher University for a prescribed period of time. Before re-enrollment at the University, the student will need to meet with the assistant dean of students, or their designee, to discuss the student's progress in completing any assigned sanctions associated with the suspension and eligibility to resume enrollment at St. John Fisher University. Upon any re-enrollment, the student will be placed on Disciplinary Probation for the remainder of the academic career. The student's transcript will reflect "W" (withdrawn) for all courses in which the student was enrolled for the semester. Tuition, room and board charges, as applicable, will be prorated based on the University Refund Policy. The date used to determine any refund is the date of this finding or the date of any interim action related to this finding, which ever date is earlier. Persons suspended from the University are considered to be Persona Non Grata (PNG) from the University until any successful re-enrollment at the University.

   Before re-enrollment at the University, the student will need to meet with the assistant dean of students, or their designee, to discuss the student's progress in completing all assigned sanctions associated with the suspension and to determine eligibility to resume enrollment at St. John Fisher University. Upon any re-enrollment, the student will be placed on Disciplinary Probation for the remainder of their academic career.

4. Expulsion: Expulsion from the University means permanent termination of student status. The transcript will reflect "W" (withdrawn) for all courses in which the student was enrolled for the semester. Tuition, room and board charges, as applicable, will be prorated based on the University Refund Policy. The date used to determine any refund is the date of this finding or the date of any interim action related to this finding, which ever date is earlier. Persons expelled from the University are considered to be Persona Non Grata (PNG) from the University

Secondary Sanctions

In addition to the primary sanction, the hearing officer or Hearing Committee may assign the respondent secondary sanctions which can include any, or a combination of, of the following:

• Change in Residence: A change in a resident student's current on-campus residence to another location within the University housing system as assigned by the Office of Residential Life.
• Removal from Residence: A student's housing assignment will be canceled and the student will need to make alternate arrangements for housing off campus. Room and board charges are prorated per the University Refund Policy.
• Compulsory Service: A specific number of hours to be spent working with an agency, organization, or office approved by the hearing officer, committee chair, or the Office of Student Conduct.
• Educational Assignment: An assignment for the purpose of gaining additional knowledge, information, or perspective regarding a specific topic. Educational assignments may include, but are not limited to: reflection papers, informational bulletin board, and/or attending a campus program or event. It is expected that educational assignments comply with the Academic Integrity Policy.
• Loss of Privilege: from specific campus privileges, opportunities or activities, in part or in total, including but not limited to:
  • Parking and/or driving on campus
  • Campus jobs
  • Participation in extracurricular activities (e.g. clubs and organizations, etc.)
  • Participation in University events (University-sponsored activities, on or off campus events, senior week, etc.)
  • Hosting a prospective student and/or guest on campus
  • Participating in future housing selection processes
  • Access to the University's information technology resources (e.g. internet, computer lab access, etc.)
  • Participation in commencement activities and/or ceremonies
• External Referral: Referral to an off campus agency for the purposes of evaluation and/or education.
• Internal Referral: Referral to a specific department or campus official for the purposes of evaluation and/or monitoring and/or education. Referrals may include, but are not limited to, medical interventions, mental health counseling, meetings with the University's fire and life safety officer, etc.
• Fines: A fine is placed directly on the student account. All financial obligations must be satisfied prior to or at the time of course registration for the next semester or graduation from the University.
  • A specific fine of $250 will be assigned to any student found responsible for covering/disabling a smoke detector.
• Restitution: The monetary amount of restitution for any property damage or loss is placed on the student account. All financial obligations must be satisfied prior to or at the time of course registration for the next semester or graduation from the University.
• Persona Non Grata (PNG): A student may be declared persona non grata and prohibited from accessing designated areas of campus or the campus in its entirety.

Please Note: Any sanction imposed by the original hearing officer or Hearing Committee will be in effect as stated in the decision letter until the conclusion of the appeal process, unless the Dean of Students or the Vice President of Student Affairs grants a written exception.

Respondent | Complainant | Parent(s) | Athletics

Respondent Notification

After the conclusion of a hearing, the respondent will receive written notification of the outcome through their University email address or by mail (to mailing address of record). This notification is referred to as a decision letter. It is the respondent's responsibility to check their University email address and USPS mail for such notifications. The respondent will receive the decision letter within five (5) business days including the following information:

1. The date that the hearing took place and a summary of the incident
2. The code(s) in which the respondent was found responsible, if any
3. The primary sanction the respondent was assigned
4. Any secondary sanction(s) the respondent was assigned, if any, which will include criteria for completion of the sanction as appropriate
5. Information regarding the Appeals Process
6. Contact information for the hearing officer

Complainant Notification

Ordinarily, complainants will not be informed of the outcome of a student conduct hearing. However, at the discretion of the Office of Student Conduct, if the outcome of a student conduct hearing has a direct impact on the complainant (i.e. a No Contact Order), this information may be shared with the complainant.

Parental Notification

Ordinarily, parents or legal guardians will not receive notification from the University about violations of the Student Code of Conduct. However, if a student is held responsible for a violation of alcohol or drug policies, or if the student is found responsible for a serious violation of University policies, the parent or legal guardian, at the discretion of the assistant dean of students, or their designee, may receive notice documenting the violation and the outcome of a Student Conduct Hearing. Federal regulations permit this notification without the student's consent for those students who are dependents, under the age of 21. This notification would be mailed to the home address of record. The student will also receive a copy of this notification.

Athletic Notification

The Department of Athletics is notified of the outcome of all student conduct hearings and appeal hearings for any student on an athletic roster at the time of the hearing. Student athletes found responsible for University violations through the Student Conduct Process are also subject to actions/sanctions assigned by the Athletic Department Discipline Committee. Actions/sanctions assigned by the Athletic Department Discipline Committee are made independently from of the Office of Student Conduct and are in addition to any actions and/or sanctions assigned during the Student Conduct Process. Students who are members of University athletic teams are required to fulfill NCAA requirements for drug testing, education, counseling and other appropriate treatment when drug use is suspected or confirmed.

Appeals | Grounds | Attendance | Procedures | Outcome Notification

Appeals

After the receipt of the decision letter, the respondent may choose to submit a request for an appeal hearing, based on the grounds below, through the Appeal Hearing Request Form. The request for an appeal must be received within five (5) business days after the receipt of the decision letter. The Vice President of Student Affairs and Dean of Students, or their designee, serves as the appeal officer and will review the request for the appeal.

The Vice President of Student Affairs and Dean of Students, or their designee, will consider the information contained in the appeal request, relevant information contained in the student's conduct file, and may also consult with the original hearing officer for background information regarding the original Student Conduct Hearing. The Vice President of Student Affairs and Dean of Students, or their designee, will determine whether or not a request for an appeal will be granted based on this information.

The respondent will be notified of the status of their appeal request within five (5) business days of the submission of the Appeal Hearing Request Form.

Grounds for Appeal

When requesting an appeal hearing, the appealing student must demonstrate in writing that one or more of the following applies to their situation:

1. The original hearing was inconsistent with the established student conduct procedures.
2. The sanction imposed was not in keeping with the gravity of the violation.
3. New information is available now that was not available at the time of the hearing which may substantially change the outcome.

An appeal hearing will be considered only on the ground(s) alleged by the student.

The Vice President of Student Affairs and Dean of Students, or their designee, or in cases that involve sexual misconduct or gender based discrimination a review panel, make the determination to either approve or deny the appeal hearing request by considering the information contained in the appeal request, any relevant information contained in the student's conduct file, and/or information from consulting with the original hearing officer regarding the original Student Conduct Hearing.

The respondent, and complainant (in cases involving sexual misconduct or gender based discrimination), will be notified of the status of their appeal request within five business days of the submission of the Appeal Hearing Request Form.

Attendance at the Appeal Hearing

Appealing Student

The appealing student is the person requesting an appeal. They are able to appear before the Vice President of Student Affairs and Dean of Students, or their designee, or the Appeal Hearing Committee during the appeal hearing and be present while any witness is contributing information.

Witnesses

Witnesses are not allowed in any Appeal Hearing unless an appeal is based on ground #3 (see above) and requires firsthand knowledge from a witness who was not identified at the time of the original investigation or hearing. The respondent may request that new witness with firsthand knowledge attend the appeal hearing. Requests for witnesses must be made to the Office of Student Conduct at least 48 hours before the scheduled hearing.

Additionally, Vice President of Student Affairs and Dean of Students, or their designee, has the discretion to request that witnesses with firsthand knowledge of the incident, but who have not been requested by the respondent(s), attend the hearing.

It is the responsibility of the student requesting the witness(es), to ensure witness(es) attends the scheduled hearing. If a witness does not appear, the hearing procedures will continue without the benefit of participation of the witness(es).

Although a witness may be requested to attend an appeal hearing, they are not required or obligated to attend or participate. Retaliation against any witness is strictly prohibited.

Whenever possible, witnesses will be contacted prior to hearing procedures with information and options regarding their participation in the hearing procedures, resources, retaliation, nondisclosure information, and information about requesting accommodations for the appeal hearing through Student Accessibility Services. Witnesses may also schedule a pre-hearing meeting with the assigned officer to discuss appeal hearing procedures and their participation in the hearing process. Witnesses are not notified of the outcome of the hearing procedures.

Please Note: A witness cannot also serve in the role of legal counsel.

Appeal Hearing Procedures

If an appeal hearing is granted, the Vice President of Student Affairs and Dean of Students, at their discretion, may meet with the appellant individually, assign the appeal hearing to a designee, or convene an Appeal Hearing Committee. If an Appeal Hearing Committee is used, the membership of the committee may include a combination of students, faculty, and staff who have been trained in the Student Conduct Process. The assistant dean, or their designee, will serve as the chairperson of the Appeal Hearing Committee.

Individual Appeal Hearing

An individual appeal hearing takes place between the respondent and the vice president of student affairs and dean of students or their designee. Individual Appeal Hearings are private and closed to anyone but the respondent and the Appeal hearing officer. The following is a general description of the Individual Appeal Hearing procedures. These procedures may vary as appropriate for specific Individual Appeal Hearings.

1. The appeal hearing officer will present and review the student's appeal request.
2. The appealing student will be given the opportunity to present relevant information to the appeal hearing officer.
3. The appeal hearing officer will summarize to the appealing student their understanding of the appeal request and ask if there is anything else they would like to share.
4. The Appeal hearing officer will consider the information presented and make a decision regarding the student's request for an appeal. The appeal hearing officer, may modify the decision and/or sanctions by reducing or increasing them at their discretion.
5. The appealing student will be informed of the outcome of the appeal hearing verbally at the closing of the hearing or may be told that more information is needed before making a decision.
6. The appeal hearing officer will review record keeping procedures and confidentiality procedures and the hearing will be concluded.

The decision made by the appeal hearing officer is final. There is no further opportunity to appeal the decision made in the individual appeal hearing.

Appeal Committee Hearing

The following is a general description of the procedures in an Appeal Committee Hearing. Appeal Committee Hearings are private and closed to everyone except the involved persons. These procedures may vary as appropriate for specific appeal committee hearings.

1. The chair of the Appeal Hearing Committee will facilitate the hearing.
2. Everyone present in the Appeal Hearing will be introduced and their roles in the process clarified.
3. The chair will present and review the appealing student's request.
4. The appealing student will be given the opportunity to present relevant information to the Appeal Hearing Committee.
5. Members of the Appeal Hearing Committee will have an opportunity to ask questions of the appealing student.
6. The appealing student has have the opportunity to make a summary statement to the Appeal Hearing Committee.
7. All persons besides the Appeal Hearing Committee will be excused from the hearing room while the Appeal Hearing Committee reviews all the documentation and information provided. The Appeal Hearing Committee will deliberate and make a decision based on majority vote.
8. The Appeal Hearing Committee may modify the decision and/or sanctions by reducing or increasing them at their discretion. Alternately, the Appeal Hearing Committee may decide to postpone making a decision as information is needed. If more information is needed before making a decision, those involved will be provided with a date by which the decision will be made.
9. After a decision is made, the appealing student will be asked to return to the room, the decision and rationale for decision will be reviewed, the chair of the Appeal Hearing Committee will review record keeping procedures and confidentiality procedures and the hearing concluded.

The decision made by the Appeal Hearing Committee is final. There is no further opportunity to appeal the decision made at the Appeal Committee Hearing.

Notification of Appeal Outcome

In addition to any verbal communication at the end of an appeal hearing, the appealing student will receive written notification (known as an appeal hearing decision letter) within five (5) business days. Additionally, for cases involving student athletes, the Athletic Department will be notified per University policy.

The University will not require any party involved in the Student Conduct Process to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the student conduct procedures. However, the University encourages all parties to respect the privacy of other participants when considering the re-disclosure of information.

Please Note: This policy does not allow students to unreasonably share private information in a manner intended to harm or embarrass another individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be considered retaliation which can result in separate student conduct action.

All documentation of Student Conduct meetings and Safety & Security investigations becomes part of the student's student conduct record, which is maintained by the Office of Student Conduct, and is part of the student's educational record.

Records may be released to University officials on a "need-to-know" basis. Student conduct records may be released to persons and agencies external to the University with the student's advance, written permission, or in compliance with the law. Requests for disciplinary background checks will be fulfilled based on the specifics of the request. The University considers a student to be in "good standing" if they are not currently on a Disciplinary Probation status. Records subpoenaed or ordered by a judge may be released without a student's permission. A record may also be released if it is in the University's legal interest to do so.

All records pertaining to a specific incident will be maintained for seven (7) years after the date of the incident. These student conduct records are destroyed at the end of the appropriate time period. If a student is suspended or expelled from the University, their entire conduct record will be maintained permanently.

Pursuant to NYS Education Law Article 129-B, if a student is held responsible for a violation of the Student Code of Conduct which may also constitute a crime of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act, the student's transcript will include the following notation:

• If suspended: "Suspended after a finding of responsibility for a code of conduct violation"
• If expelled: "Expelled after a finding responsibility for a code of conduct violation"

Transcript Notation Review

When a student is suspended from the University and a notation has been placed on their transcript, the student may request a review of the notation for removal. Reviews may be requested no sooner than one year after the suspension period has concluded.

To request a review, the student must submit a letter to the assistant dean of students requesting the removal of the notation which also includes the following information:

• A personal statement detailing the student's time away from the University and outlining both positive contributions the student has made to the community and personal growth.
• Two (2) character reference letters. (Letters from family members are not acceptable.)

The assistant dean, or their designee, will review the request and may require additional information. The assistant dean, their designee or, at their discretion a committee, will review the student's materials and may subsequently require to speak to or meet with the student regarding the request for re-enrollment before making a decision.

If a notation is removed from a transcript this does not erase the student's conduct history; it modifies the student's transcript upon the request being granted.

Please Note: Notations placed on the transcript of a student who is expelled from the University are permanent.