Student Code of Conduct
Student Responsibility at Clinton Community College
Being a responsible citizen in our college community is an important part of your education on our campus. Existing and thriving in this community requires you to possess and display responsibility, integrity and decency, and to depend on these qualities in other people. As student member of this community, we call upon you to help us support the wide array of personal, academic, and career goals you share by adhering to the Code of Student Conduct that follows. Doing so will enable this community to support you in a positive, progressive, and inclusive manner, as you pursue your goals.
Interpretation of Regulation
The purpose of publishing disciplinary regulations is to give students general notice of prohibited behavior. This Code is not written with the specificity of a criminal statute.
Students accused of disciplinary violations are entitled to the following procedural protections:
- To be informed of the charge(s) and alleged misconduct upon which the charge(s) is based within a reasonable time frame.
- To request that the Dean of Students, of the Dean's Designee, resolve the case at an administrative hearing.
- To be allowed reasonable time to prepare a defense.
- To be informed of the evidence upon which a charge is based and accorded an opportunity to offer a relevant response.
- To call and confront relevant witnesses.
- To be assured of confidentiality in accordance with the terms of the Federal Family Education Rights and Privacy Act (FERPA).
- To request that any person conducting a disciplinary conference or serving as a disciplinary board member or hearing officer be disqualified on the grounds of personal bias.
- To be considered blameless of the charges until proven responsible by convincing preponderance of the evidence.
- To be advised by a person of their choice as outlined in this Code.
Note: Decisions are made based on the preponderance of evidence in each case, as reviewed by the appropriate hearing body.
Authority for Student Discipline
Ultimate authority for student discipline is vested in the President of the College. Disciplinary authority may be delegated to College administrators, faculty members, committees, and organizations as set forth in this Code or in other appropriate policies, rules, and regulations adopted by the President, Faculty Student Association, or Board of Trustees.
Students are asked to assume positions of significant responsibility in the College disciplinary system, in order that they might contribute their skills and insights to the resolution of disciplinary cases.
Unless otherwise stated, the following definitions will apply:
College: Refers to Clinton Community College, including all functions of the Faculty Student Association.
Faculty Student Association: Refers to the corporation that is responsible for administering the following auxiliary services of the College:
- Residential Campus
- Dining Services
Student: Refers to anyone registered with the College to take one or more semester hours.
Code: Refers to the College Code of Student Conduct.
Board: Refers to the Board of Trustees of the College.
President: Refers to the president of the College or the President's designee.
Member of the College Community: Refers to any person who is a student, faculty member, College official, or any other person employed by the College or the Faculty Student Association (FSA)
College Premises: Refers to all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College and/or the Faculty Student Association.
Policy: Refers to the written regulations of the College as found in, but not limited to:
- Code of Student Conduct
- Student Handbook
- Residence Hall Policies and Procedures
- College Catalog
Functions of the College: Refers to those activities or events that are initiated, supported, recognized or promoted by the College. Such activities include, but are not limited to:
- Teaching and Learning
- Student Activities
Weapon: Refers to any object or substance designed to inflict a wound or cause injury, as defined by state law.
Accused Student: Refers to any student charged with violating this Code.
Complainant: Refers to any person who submits a statement alleging that a student violated this Code.
Force: Refers to the use of physical and/or sexual violence or imposition on another. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
Retaliation: Refers to any action by any person that is perceived as intimidating, hostile, harassing, retributive, or violent that occurs as a result of the making and follow-up of a report of a violation of this Code.
Affirmative Consent: Refers to a knowing, and voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participated in sexual Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases
The health and safety of every student at the State University of New York and its State-operated and Community Colleges is of utmost importance. Clinton Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Clinton Community College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Clinton Community College officials or law enforcement will not be subject to Clintonâ€™s code of conduct action for violation of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Sexual Violence Response Policy Protection and Accommodations:
- When the accused is a student, to have the college issue a "No Contact Order", consistent with college policy and procedure, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected Both the accused/respondent and reporting individual may request a prompt review of the need for the terms of a "No Contact Order", consistent with Clinton Community College policy. Parties may submit evidence in support of their request.
- To have assistance from Clinton Community College officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
- To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the accused's responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
- To receive an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
- To have assistance from Clinton Community College Security in effecting an arrest when an individual violates an Order of Protection or, if outside New York State, an equivalent protective or restraining order within the jurisdiction of Clinton Community College Security or, if outside of the jurisdiction or if Campus Security does not have arresting powers to call on and assist local law enforcement in effecting an arrest for violating such an order. Parties may request a prompt review of the need for and terms of an interim suspension.
- When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and Clinton Community College policies and rules.
- When the accused is a student and presents a continuing threat to health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process.
- When the accused is not a member of the college community, to have assistance from Clinton Community College Security or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
- To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point of assistance with these measures:
Office of the Dean of Student Affairs and Title IX Coordinator (518)562-4121
Student Conduct Process:
- To request that student conduct charges be filed against the Conduct proceedings are governed by the procedures set forth in the Clinton Community College handbook, as well as Federal and New York State Law, including the due process provisions of the United States and the New York State Constitutions.
- Throughout conduct proceedings, the respondent and the reporting individual will have :
- The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or Participation of the advisor in any proceeding in governed by federal law and the Student Code of Conduct.
- The right to prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, partiality, the rights of the respondent, including the right to a presumption that the respondent is "not responsible" until a finding of responsibility is made, and other issues related to sexual violence, domestic violence, dating violence, and stalking.
- The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
- The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to accused individuals will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
- The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers requests and justifies a longer delay.
- The right to offer evidence during an investigation and to review available, relevant evidence in the case file (or other evidence held by Clinton Community College).
- The right to present evidence and testimony at a hearing, where appropriate.
- The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconference or testifying with a room partition.
- The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary state that determines past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary state that determines sanctions.
- The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
- The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
- The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction(s) and the rationally for the decision and any sanctions.
- The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
- Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
- The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years. Office of Student Affairs, Room 231 Moore Building, Clinton Community College, Plattsburgh, NY 12901, (518)-562-4121.
- The right to choose whether to disclose or discuss the outcome of a conduct hearing.
- The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law.
The College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include pursuing disciplinary action for any violation of state or federal law - on or off campus - that affects the College's educational interests.
Disciplinary Action While Criminal Charges Are Pending
Students may be accountable both to civil authorities and to the College for acts that constitute violations of both this Code and the law. College disciplinary action will normally proceed independent of criminal proceedings and is not subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.
The Dean of Student Affairs, or the Dean's designee, may suspend a student from the College immediately for an interim period pending disciplinary proceedings, criminal proceedings, or medical evaluation.
The interim suspension will be immediately effective without prior notice whenever there is evidence that the continued presence of the student at the College poses a substantial and immediate threat to the student, to others, or to the stability and continuance of normal College functions.
During an interim suspension, students shall be denied access to the campus (including classes) and shall be denied access to any electronic services on the college, including distance learning, e-mail, and/or all other college activities or privileges which the student may otherwise be able to participate in.
A student placed on interim suspension will be given a prompt opportunity to appear personally before the Dean of Student Affairs, or the Dean's designee, in order to discuss the following:
- The reliability of the information concerning the student's conduct, including the matter of his or her identity.
- Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on College premises poses a substantial and immediate threat to the student, to others or to the stability and continuance of normal College functions.
Standards of Classroom Behavior
The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. A disciplinary conference or disciplinary hearing must precede longer suspensions or dismissals for a class or the College. (This does not include academic dismissals.)
Note: Faculty members are encouraged to specify in their syllabi any type of behavior not listed in this Code that they consider disruptive, or that would otherwise compromise the quality of their classroom environment. For more information, please contact the office of the Vice President of Academic Affairs.
Conduct in violation of this Code for which disciplinary sanction(s) shall be imposed include:
- Dishonesty - Acts of dishonesty include but are not limited to:
- Violation of the College Policy on Academic History
- Furnishing false information to any College official, faculty member or office, including forgery, alteration, or misuse of any College document, record, or instrument of identification
- Tampering with the election of any College recognized student organization
- Safety and Security - Any violent behavior is prohibited, including but not limited to:
- Physical abuse
- Verbal abuse
- Behavior that is considered stalking
- Dating violence and domestic violence
- Any conduct which threatens or endangers the health or safety of any person
- Disruption or obstruction of College functions.
- Attempted or actual theft of, and/or defacement or damage/vandalism to property of the College or property of a member of the College Community or other personal or public property.
- Hazing - Is defined as an act which endangers the mental or physical health or safety of a student for the purpose of initiation, admission into, affiliation with, or as a condition for membership in a group or The scope of hazing is not limited to groups or organizations recognized by the College.
- Failure to comply with the direction of College officials, security officers, or law enforcement officers who have identified themselves and who are acting in performance of their duties, and/or failure to identify oneself to these persons when requested to do so.
- Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College/Faculty Student Association premises.
- Use, possession, or distribution of narcotics, other controlled substances, or drug paraphernalia except as expressly permitted by law, or public impairment resulting from the unlawful use thereof on College/FSA property or at College/FSA sponsored functions off Any student who becomes impaired after using controlled substances or who becomes physically violent, aggressive, or uncooperative is in violation of this section of the Code of Conduct.
- Use, possession, or distribution of alcoholic beverages on College/FSA Public intoxication on College/FSA property, use/possession/distribution of alcohol, and/or public intoxication while at a college sponsored function off-campus is prohibited.
- Unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College/FSA premises.
- Obstruction of the free flow of pedestrian or vehicular traffic on College/FSA premises or at College/FSA sponsored functions.
- Conduct which is disorderly, lewd, or indecent (including inappropriate language in public areas); breach of peace; or adding, abetting, or procuring another person to breach the peace on College/FSA premises or at functions sponsored by, or participated in, by the College.
- Sexual Misconduct - Acts of sexual misconduct include but are not limited to:
Non-Consensual Sexual Intercourse (or attempts to commit the same) which is defined as any sexual intercourse, however slight the penetration or contact, with any object, by a man or woman upon a man or woman, that is without consent and/or by Intercourse includes:
- vaginal penetration by a penis, object, tongue or finger
- anal penetration by a penis, object, tongue or finger
- Oral copulation (mouth to genital contact or genital to mouth contact
Non-Consensual Sexual Conduct (or attempts to commit the same) which is defined as any intentional sexual touching, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by
Sexual Exploitation - which is defined as occurring when a student takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct Examples of sexual exploitation include, but are not limited to:
- Invasion of privacy
- Prostituting another student
- Non-consensual video or audio taping of sexual activity
- Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
- Engaging in voyeurism
- Knowingly transmitting an STI or STD (including HIV) to another student
- Exposing one's genitals in non-consensual circumstances
- Inducing another to expose their genitals
- Sexually-based stalking and/or bullying may also be considered forms of sexual exploitation
- Sexual Harassment is defined as unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits one's ability to participate in or benefit from the educational experience at the College and is based on power differentials (quid pro quo), the creation of a hostile environment, or
- Sexual Violence is defined as physical sexual acts perpetrated against one's will or where a person in incapable of giving consent, including, but not limited to rape, sexual contact, and sexual
Note: Further information and definitions relating to sexual misconduct can be found in the College Catalog, the Student Handbook, and on the College website at www.clinton.edu.
- Theft or other abuse of computer resources (College and FSA), including but not limited to:
- In accordance with the Digital Millennium Copyright Act (DMCA), College policy forbids the copying, distribution, downloading, or uploading of copyrighted materials on any personal or College computer These materials include, but are not limited to:
- Text (including e-mails and web information)
- Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Unauthorized use of another individual's user identification, password, or PIN.
- Unauthorized use of data intended for another individual.
- Unauthorized use of computing/data processing equipment.
- Use of computing resources to interfere with the work of another student, faculty member of College official.
- Use of computing resources to send obscene or abusive materials.
- Use of computing resources to interfere with normal operation of the College computing system.
- Use of computers for personal purposes unrelated to educational program or campus activities.
- In accordance with the Digital Millennium Copyright Act (DMCA), College policy forbids the copying, distribution, downloading, or uploading of copyrighted materials on any personal or College computer These materials include, but are not limited to:
- Abuse of the College disciplinary system, including but not limited to:
- Failure to obey the summons of a disciplinary body, i.e. the Dean of Student Affairs and/or Campus Disciplinary Boards.
- Falsification of any incident report to any College, FSA, or security official or any disciplinary body.
- Disruption or interference with the orderly conduct of a disciplinary proceeding.
- Attempting to discourage an individual's proper participation in, or use of, the disciplinary system.
- Attempting to influence the impartiality of a member of a disciplinary body prior to, during, and/or after the course of a disciplinary proceeding.
- Harassment (verbal, non-verbal, or physical) and/or intimidation of a member of a disciplinary body prior to, during, and/or after disciplinary proceedings.
- Failure to comply with the sanction(s) imposed under the Code by a disciplinary body.
- Influencing or attempting to influence another person to commit an abuse of the disciplinary system.
- Retaliation, in any form, is prohibited.
- Violators of the Digital Millennium Copyright Act who have illegally shared copyrighted files are subject to civil penalties of between $750 and $150,000 per As of 2008, past pre-litigation settlements offered by copyright owners such as the Recording Industry Association of America (RIAA) have ranged from $3,000 to $4,000 and up. Additionally, a court may, in its discretion, grant the copyright owner reasonable attorney fees. Although prosecution of students for this type of file sharing is extremely rare, 17 USC & 506 lays out criminal penalties for intentional copyright infringement which can include fines and jail time.
- Violation of published College policies, rules, or regulations, filed in the office of the Dean of Student Affairs. Such regulations, policies, or procedures may include College Policy Against Harassment and Discrimination, Policy Against Sex Discrimination and Sexual Harassment, computer use policy, residence hall lease agreement and accompanying regulations, as well as those regulations relating to hazing, entry and use of College facilities, use of amplifying equipment, campus demonstrations, parking rules and regulations, and regulations governing student organizations.
- Violation of federal, state, or local law on College/FSA premises or at College/FSA sponsored or supervised In addition, students will be held accountable for inappropriate conduct at off- campus locations should said behavior adversely affect the campus community or undermine the interests of mission or the college.
Note: Clinton Community College is a smoke free college. Smoking is not allowed on campus or college owned property. Smoking is only allowed in privately owned vehicles.
The Lower Disciplinary Board may impose the following sanctions, which are listed in order of severity:
- Warning - Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct within the period of time stated in the warning may be cause for additional disciplinary action.
- Community Service - Service to the College or community to compensate for violation of the May include substance abuse education and/or counseling.
- Restitution - Reimbursement for theft, damage to, or misappropriation of Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
- Residence Hall Probation - Notice to residence hall students that any further finding of responsibility by the Lower Disciplinary Board or Administrative Hearing Officer will likely result in the student's removal from the residence hall community.
- Residence Hall Suspension - Removal and exclusion from the residence halls, dining hall, and associated property, without refund, as set forth in the notice of suspension for definite period of time.
- Censure - Written reprimand for violation of specified regulation(s), with notice of more severe disciplinary sanction in the event of being found responsible for further violation(s) of any College regulation within the period of time stated in the letter of censure.
- Bans - Students can be banned from any College of FSA facility for a definite period of Students can be excluded from participation in privileges or extracurricular College activities as set forth in the notice of disciplinary probation for a specified period of time.
- Suspension - Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
- Expulsion -Termination of student status for an indefinite period. The conditions of re-admission, if any, will be stated in the order of expulsion.
- Other Sanctions - Other sanctions may be imposed instead of or in addition to those specified in sections (1) through (9) of this Service or research projects may also be assigned.