College Disciplinary Process
Standard of Due Process
The purpose of campus disciplinary proceedings is to provide a fair evaluation of an accused student's responsibility of violating College regulations. Formal rules of evidence do not apply, nor will deviations from prescribed procedures necessarily invalidate a decision, unless significant prejudice to a student respondent or the College may result.
For example, the College reserves the right to adapt these procedures as necessary to accommodate issues and situations unique to online students and online learning.
Any person may refer a student, or a student group or organization suspected of violating this Code to the Dean of Student Affairs or the Dean's Designee.
A student group or organization and its officers may be held collectively and individually responsible when violations of this Code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group's or organization's leaders or officers.
The officers or leaders or any identifiable spokesperson for the student group or organization may be directed by the Dean of Student Affairs to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with the Dean's order will be considered a violation of this Code, both by the officers, leaders or spokesperson for the group or organization and by the group or organization, itself.
Sanctions for group or organization misconduct may include revocation of recognition by the College, as well as, other appropriate sanctions.
Administrative and Disciplinary Board Hearing Referrals
The Dean of Student Affairs or the Dean's Designee will conduct a preliminary review to determine if the alleged misconduct might result in expulsion or suspension from the College. Students not subject to suspension or expulsion will be entitled to an administrative hearing with the Dean or the Dean's Designee. Students who are subject to suspension or expulsion will be referred to a fact-finding hearing before the Lower Disciplinary Board. Students referred for a fact-finding administrative hearing may elect to have their cases resolved more informally, in accordance with the Disciplinary Conference section of this Code. Such an election must be in writing, affirming that the student is aware a recorded hearing and right to appeal is being waived and agrees to accept the sanction(s).
The Dean of Student Affairs or the Dean's Designee may defer proceedings for alleged minor violations of this Code for a period not to exceed ninety days. Charges may be withdrawn thereafter at the discretion of the Dean of Student Affairs or the Dean's Designee.
Students' rights include:
Written notice of the specific charge(s) at least three (3) business days prior to the scheduled hearing.
Reasonable (during college business hours) access to the judicial file prior to and during the hearing. The file consists of materials, which would be considered "educational records", pursuant to the Family Educational Rights and Privacy Act of 1974; personal notes of College staff members or complainants are not included.
An opportunity to respond to the evidence and to call relevant and necessary witnesses. A right to be accompanied by an advisor.
Timeline Extensions: If extraordinary circumstances prevent any step from occurring within the stated time frame, all parties will be promptly notified and will be given an estimated time for the step to occur. Participants may also request an extension from the college, which should be granted if it will not unduly prejudice the rights of the student.
More Than One (1) Accused Student
In hearings involving more than one accused student, the Chair of the Lower Disciplinary Board, at the Chair's discretion may choose to hold the hearings separately or jointly. In these cases, the Chair of the Lower Disciplinary Board would require students attending joint disciplinary hearings to either sign a waiver or give verbal consent to be heard as a group.
Students may choose to have a disciplinary conference with the Dean of Student Affairs or the Dean's Designee, in lieu of a fact-finding hearing, when the student does not dispute the basic facts, admits responsibility, and waives his or her right to a recorded, fact-finding hearing. Further, the student agrees to waive his or her rights in writing to appeal the outcome and sanction(s) of the disciplinary conference. Disciplinary conferences are not recorded. The waiver form and outcomes will be kept in the student's File.
Lower Disciplinary Board
The Lower Disciplinary Board will consist of the following five (5) members: two (2) students, two (2) faculty members, and one (1) college staff member. The Faculty Council, upon recommendation from the President, will approve the faculty members. The Dean of Student Affairs will approve the students.
A quorum will consist of three (3) members. The Dean of Student Affairs or the Dean's designee will be responsible for training and providing administrative support to the Lower Disciplinary Board.
The Dean of Student Affairs or the Dean's designee, may establish an ad hoc disciplinary board whenever the regular disciplinary board is not constituted, is unable to obtain a quorum, or is otherwise unable to hear a case. An ad hoc disciplinary board will be composed of three (3) members, including at least one (1) student.
Members of the Lower Disciplinary Board who are charged with a violation of this Code or with a criminal offense may be suspended from their positions by the Dean of Student Affairs or the Dean's designee, during the pendency of the charges against them. Members found responsible of any such violation or offense may be disqualified from any further participation in the College disciplinary system.
The following procedural guidelines will be applicable in hearings conducted by the Lower Disciplinary Board:
- The Dean of Student Affairs will appoint a hearing officer (Chairperson) from the membership of the board, who will conduct the hearing. He or she may participate in board deliberations and discussions but will only vote in the event of a tie.
- The Dean of Student Affairs or the Dean's designee, will provide an accused student notice of the hearing date and the specific charge(s) against them at least three (3) business days in advance. Notice will be by personal delivery or by certified mail to the last address provided by the student to the College. Accused students will be accorded reasonable (during College business hours) access to the case file, which will be retained in the Office of the Dean of Student Affairs.
- The Chairperson may call relevant witnesses following consultation with the Dean of Student Request must be personally delivered or sent by certified mail. College students and employees are expected to comply with requests issued pursuant to this procedure, unless compliance would result in significant and unavoidable personal hardship, or substantial interference with normal College activities, as determined by the President of the College.
- Be Advised, the Lower Disciplinary Board hearing is the only opportunity the complainant and the accused student will have to present factual evidence regarding any violation.
- Both the complainant and accused student will have the right to an advisor. The advisor may be present at the disciplinary hearing but may not act or speak on the student's behalf. The role of the advisor is limited to suggesting relevant questions, which the presiding officer may direct to a witness, and providing confidential advice to the advisee. If a student desires an advisor and is unable to secure one, the Dean of Student Affairs may appoint a qualified staff or faculty member to act as advisor. Advisors must be given adequate time to review the case.
Even when accompanied by an advisor, an accused student must respond to inquiries from the presiding officer and the disciplinary board.
In consideration of the limited role of an advisor, and of the compelling interest of the College to expeditiously conclude the matter, the work of the disciplinary board will not - as a general practice - be delayed due to the unavailability of an advisor.
- Accused students fail to appear after proper notice will be deemed to have plead "not responsible" to the charges pending against them. A disciplinary hearing may be conducted in absentia, at the discretion of the Chairperson of the Lower Judicial Board.
- Disciplinary hearings will be closed to the public. An open disciplinary hearing may be held, at the discretion of the Dean of Student Affairs, if requested by the respondent.
- The Chairperson will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the disciplinary hearing. The Chairperson may exclude any person, including the accused students, who disrupts a disciplinary hearing.
- Disciplinary hearings will be tape-recorded. Board deliberations will not be Students involved in a hearing may request access to listen to the tapes through the Office of the Dean of Student Affairs but may not have a copy.
- Any party may challenge a disciplinary board member or Chairperson on the grounds of personal Board members may be disqualified by the Chairperson or upon majority vote of the board members, conducted by secret ballot. The Dean of Student Affairs may disqualify the Chairperson.
- Witnesses will be asked to affirm that their testimony is truthful and may be subject to charges of violating this Code by intentionally providing false information to the College.
- Prospective witnesses, other than the complainant and the respondent, will be excluded from the disciplinary hearing during the testimony of other All parties, the witnesses, and the public will be excluded during Board deliberations, which will not be recorded or transcribed.
- The charges against the student must be established by a preponderance of the evidence in order for the board to return a finding of "responsible" and to levy sanctions.
- The rules of evidence in disciplinary proceedings conducted pursuant to this Code are defined as "a preponderance of evidence". State and Federal regulations of "beyond a shadow of a doubt" do not The Chairperson will respect the confidentiality of all persons involved in the disciplinary process in accordance with FERPA & HIPPA. The Chairperson of the Lower Board will admit into evidence all information considered reasonably relevant to the case.
- Complainants and accused students (not their advisors) will be given an opportunity to ask relevant questions of those witnesses who testify at the disciplinary Questioning: The accused student and complainant in cases involving sex discrimination, including sexual harassment and sexual assault, may not directly question each other. Each may submit their questions to the disciplinary panel, which will be responsible for asking the questions.
- Board members may ask questions of the parties and all witnesses. They may also take judicial notice of matters, which would be within the general experience of College students and faculty members.
- If, and only if, a determination of responsibility is made, the past disciplinary record of the accused student may be supplied to the board and be considered during the determination of Any determination of responsibility will be supported by brief written findings that will be placed in the case file and made available to the accused student.
- Only members of the Lower Judicial Board or Upper Judicial Board shall be present when making deliberations on a judicial When determining sanctions the Chairperson of the Lower Judicial Board may seek input from individuals familiar with the student found responsible and/or familiar with the case.
Mediation is encouraged as an alternative means to resolve some disciplinary cases. The Dean of Student Affairs will inform complainants and accuse students, if and when appropriate, of mediation resources. If both the complaining and responding parties express interest in a mediated settlement, the Dean of Student Affairs, in the exercise of his or her discretion, may decline to process a complaint until the parties in a non-academic misconduct case make a reasonable attempt to achieve a mediated settlement. To be binding a disciplinary case, the Dean of Student Affairs must approve any mediated settlement.
- Upper Disciplinary Board
The purpose of the Upper Disciplinary Board is not to retry the case presented to the Lower Disciplinary Board. If a student does not appear for a judicial hearing before the Lower Judicial Board, the student will have waive the right of appeal to the Upper Judicial Board based on the criteria in the categories of sufficiency of evidence and due process; however, the student maintains the right of appeal based on the criteria of fairness/appropriateness of sanctions and newly discovered evidence. The Upper Board shall only consider the following issues:
- Sufficiency of the Evidence - whether the facts in the case were enough to find that the accused student violated the Student
- Due Process - whether the original hearing was conducted fairly in light of the charges and evidence presented, and according to procedures set forth in the Student Code.
- Fairness/Appropriateness of Sanctions - whether the penalty imposed by the Lower Board was appropriate for the violation the accused student was found to have committed.
- Newly Discovered Evidence - whether there was evidence, which was not known to the accused student at the time of the Lower Board hearing that is sufficient to change the decision made by the Lower Board.
The Upper Disciplinary Board will consist of the following five (5) members: two (2) students, two (2) faculty members, and one (1) College staff member. The Faculty Council, upon recommendation from the President, will approve the faculty members. The Dean of Student Affairs will approve the students.
A quorum will consist of three members. The Dean of Student Affairs or the Dean's Designee will be responsible
for training and providing administrative support to the Upper Disciplinary Board.
The Dean of Student Affairs or the Dean's Designee may establish an ad hoc disciplinary board whenever the regular disciplinary board is not constituted, is unable to obtain a quorum, or is otherwise unable to hear a case. An ad hoc disciplinary board will be composed of three (3) members, including at least one (1) student.
Members of the Upper Disciplinary Board who are charged with a violation of this Code or with a criminal offense may be suspended from their positions by the Dean of Student Affairs or the Dean's Designee, during the pendency of the charges against them. Members found responsible of any such violation or offense may be disqualified from any further participation in the College disciplinary system.
The following procedural guidelines will be applicable in disciplinary hearings conducted by the Upper Disciplinary Board:
- Any appeal of the Lower Disciplinary Board's findings or sanctions must be made in writing by the sanctioned student to the Office of the Dean of Student Affairs within three (3) business The sanctioned student must state which of the above appeal issues the student wants to address and must set forth the reason why the Upper Board should overturn the Lower Board's decision and/or sanction(s). If a student has successfully submitted an appeal to the Office of the Dean of Student Affairs, sanctions imposed by the Lower Judicial Board will be held in abeyance until resolved by the Upper Judicial Board.
- A sanctioned student's appeal must be heard by the Upper Board with seven (7) business days of receipt of the letter of appeal. A one-day notice of disciplinary hearing is considered appropriate advance notice.
- The Dean of Student Affairs will appoint a hearing officer (Chairperson) from the membership of the board, who will conduct the hearing. The Chairperson may participate in board deliberations and discussions, but will only vote in the event of a The Chairperson shall bring into evidence the recordings maintained by the Lower Disciplinary Board in the original case.
- The student will have the right to an advisor. The advisor may be present at the disciplinary hearing bur may not act or speak on the student's behalf. The role of the advisor is limited to assisting the student and providing confidential advice to the advisee. If a student desires an advisor and is unable to secure one, the Dean of Student Affairs may appoint a qualified staff or faculty member to act as the advisor. Advisors must be given adequate time to review the case.
- Even when accompanied by an advisor, an accused student must respond to inquiries from the presiding officer and the disciplinary
- In consideration of the limited role of an advisor, and of the compelling interest of the College to expeditiously conclude the matter, the work of the disciplinary board will not - as a general practice - be delayed due to the unavailability of an advisor.
- If an accused student fails to appear at the Upper Disciplinary Board hearing after proper notice, the student's appeal will be dismissed, and the findings and sanctions of the Lower Disciplinary Board will be upheld.
- Disciplinary hearings will be closed to the public. An open disciplinary hearing may be held, at the discretion of the Dean of Student Affairs.
- The Chairperson will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the disciplinary hearing. The Chairperson may exclude any person, including the accused student(s), who disrupt a disciplinary hearing.
- Disciplinary hearings will be tape-recorded. Board deliberations will not be tape-recorded.
- Accused students may challenge a disciplinary board member or the Chairperson on the grounds of personal Board members may be disqualified by the Chairperson or upon majority vote of the voting members, conducted by secret ballot. The Dean of Student Affairs may disqualify the Chairperson. In the event of a disqualification, the Dean of Student Affairs will appoint an alternate.
- The Upper Board determination will be made on the basis of whether the Lower Board abused its discretion when making the determination of responsibility or imposing Majority vote will decide the case.
- The Upper Board may uphold the finding of the Lower Disciplinary Board or may overturn the If the finding is overturned on grounds of due process or because of newly discovered evidence, the Lower Board will conduct a new hearing. If the finding is overturned due to insufficient evidence, any violation that is not found to be supported by sufficient evidence will be dismissed. If the finding is upheld, the Upper Disciplinary Board may uphold the sanctions of the Lower Disciplinary Board or may impose lesser, but not greater, sanctions.
- The decision of the Upper Disciplinary Board will be transcribed, and a copy given to the student by registered or certified mail, or by personal service.
- There will be no appeal of the Upper Disciplinary Board's decision.
General Disciplinary Rules
- Voluntary Withdrawal- Upon the approval of the Dean of Student Affairs or the President of the College and after an admission of responsibility to the violation, a student may elect to withdraw from the College to avoid a disciplinary hearing and the imposition of a disciplinary penalty. A voluntary withdrawal will be entered upon the record of the student. Agreement to a voluntary withdrawal will be in writing and will not be appealable. In the event of readmission to the College, the record of voluntary withdrawal will remain upon the student's record. The College reserves the right to set conditions for readmission as part of the withdrawal process. Students who choose to withdraw without the approval of the Dean of Student Affairs should understand that any pending disciplinary action would be â€œon holdâ€ until such time as the student returns to Clinton Community College.
- Dismissal in the Interest of the College - For good cause shown and upon application of the student charged in a complaint, the Dean of Student Affairs or the President of the College may dismiss a charge contained in a complaint in the interest of the college on such conditions as may be approved. The student will consent to such dismissal and the attendant conditions and the dismissal will not be appealable. If the student has complied with the conditions of the dismissal in the interests of the college within the time provided by the Dean of Student Affairs or the President, the charges will be deemed fully dismissed and the record of the student expunged. All records related to such charges will be destroyed.
- Jeopardy - A finding of not responsible at any level of proceedings will bar any subsequent reconsideration of the matter at any higher level. A finding of violation of a lesser-included charge will be deemed to be a finding of not responsible to the higher charge.
- Time - Time will be calculated so that the first day is excluded and the last day of the period is a business day is any day when the College's administrative offices are open.
- Affirmative Findings - In all cases the officer or body having authority to act must make an affirmative finding that the facts support the charge prior to rendering a determination of responsibility
- Adjournments - Any adjournment requested by any party will be request on notice to all
Bias Crimes Prevention
Hate Crimes and The Law
Clinton Community College strives to protect all members of the college community by preventing and prosecuting bias or hate crimes that occur within the college's jurisdiction. The College provides ongoing prevention and awareness campaigns for students and faculty.
Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their national origin, race, religion, ethnicity, gender, sexual orientation, sexual identity, or disability.
Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the Federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.
In addition to preventing and prosecuting hate/bias crime, Clinton Community College strives to address bias- related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined as acts of bigotry, harassment, or intimidation directed at a member or group within the college community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, sexual identity, disability, veteran status, color, creed, or marital status, may be addressed through the Code of Conduct. Bias-related incidents can be reported to the Dean of Student Affairs, room 231 of the Main Academic Building or by calling (518) 562-4121. Please refer to the Policy Against Harassment and Discrimination/Bias for more information.
If you are a victim of, or witness to, a hate/bias crime on campus, report it to the Dean of Student Affairs, who will investigate and follow the appropriate adjudication procedures.
Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus through the Counseling & Advisement Office.
Procedures for Responding to Complaints of Sex Discrimination, Sexual Harassment And Sexual Violence
Definitions and Rights
Sex discrimination: Is defined as all forms of sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the college campus and whether or not the incidents occur during working hours.
Alternate Arrangements: Complainant has the right to request alternative arrangements when the complainant does not want to be in the same room as the accused during the hearing. These alternative arrangements must enable both parties and the hearing panel to hear each other.
Burden of Proof: The burden of proof in cases of sexual harassment and sexual violence is "preponderance of the evidence". The test asks whether it is "more likely than not" that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the accused must be found responsible.
Equal rights For the Accused and Complainant: Any rights or processes offered to an accused are also offered to a complainant. For example, the right to an appeal, right to representation or an advisor, and right to call witness, must all be offered equally, if at all.
Informal Resolution Procedures: Informal resolution procedures, such as mediation, are optional and may be used when the College determines that it is appropriate, and the parties are in agreement about using it.
Mediation may not be used in cases involving sexual violence.
Notice of Outcome: Student complainants in sexual violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, in a way consistent with federal and state law. The complainant and accused shall be notified within five (5) days of the hearing.
Confidentiality: The College will protect the privacy of all parties to a complaint or other report of sexual harassment and sexual violence to the extent possible. When the college receives complaints of sexual harassment or sexual violence, the college has an obligation to respond in a way that limits the effects of the sexual harassment and sexual violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, and the accused. If you are unsure of someone's duties and ability to maintain your privacy, ask them before you talk to them. Certain staff are obligated by law to maintain confidentiality, including the counseling center and the local rape crisis center off-campus.
What to Do If You Have Been Sexually Assaulted
Procedure for on-campus disciplinary action of an alleged sexual assault:
The Title IX Coordinator is the Dean of Student Affairs, room 231M phone number (518) 562-4121 These allegations will be taken seriously, and the college will provide prompt and equitable resolution of student and employee sex complaints.
The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.
Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceedings brought alleging a sexual assault.
For cases of sexual assault or sexual violence, both the complainant and accused students have the same rights of appeal to the Upper Disciplinary Board. In addition, both the accused and the complainant have access to witness submitted statements prior to the hearing.
Options for changing an academic or lease situation can be discussed with the Dean of Student Affairs, is so requested by the victims and is such changes are reasonably available.
Support for victims is available through the counseling and advisement office on campus, Sexual Assault Services can be contacted through a referral to a community agency.
No campus, or an officer, employee, or agent of a campus may retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this policy.
If the assault happened with the last five (5) days, consider going to the emergency room at CVPH, the Alice Hyde Medical Center, or Adirondack Medical Center for an exam by a Sexual Assault Nurse Examiner (SANE). The emergency rooms offer nurses specially trained in collecting evidence in cases of sexual assault. Having this evidence collected does not mean you have to pursue criminal charges. The hospital will hold any evidence the SANE collects for 30 days while you decide whether you would like to pursue criminal charges. It will be easier for your nurse to collect evidence if you don't bathe, shower, douche, brush your teeth, eat, drink, or change your clothes before going to the hospital. The CVPH SANE program can be contacted at (518) 562-7370. The Alice Hyde SANE Program can be contacted at (518) 483-3000 ext.626. The Adirondack Medical Center SANE Program can be contacted at (518) 897-2439.
Even if you don't want to have an exam with a SANE program nurse, consider getting medical care. You may have injuries you are unaware of, and a doctor can help you obtain emergency contraceptive and medicine to prevent sexually transmitted infections.
If you would like the police to initiate an investigation and pursue criminal charges, you will need to make a police report. If the assault occurred outside the Plattsburgh City limits, the New York State police can be contacted at (518) 563-3761. Clinton Community College and its residence halls are located within the jurisdiction of the New York State Police. If the assault occurred within the city limits, Plattsburgh City Police can be contacted at (518) 563-3411. If the assault occurred on the SUNY Plattsburgh campus, the University Police can be contacted at (518) 564-2022. Campus Security at Clinton Community College can also contact the police for you. Campus Security can be reached by contacting Capt. Mark Silver at (518) 562-4215.
If the person who assaulted you is a Clinton Community College student or if the assault occurred on Clinton Community College property and you wish to have the school take disciplinary action, you need to contact the Dean of Student Affairs at (518) 562-4121. The Dean of Student Affairs will explain the college disciplinary process to you and assist you in moving through the process of initiating a disciplinary hearing.