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SUNY Plattsburgh Student Code of Conduct (2008-2009)

III. Judicial System Procedures

  1. Judicial Referral
    1. Any member of the College community may refer a student for judicial action when it is believed that the student has violated a college regulation.
    2. Referral forms for judicial action may be obtained from the Judicial Affairs Office in the Dean of Students Office.
    3. Judicial referrals must be forwarded to the Dean of Students in the Office of the Dean of Students, Kehoe 6th floor.
  2. Judicial Charges
    1. The Dean of Students, upon receiving a referral, determines the charges and sends notice, when appropriate, of the reported violation to the student who has been referred.
    2. If the Dean of Students feels that a referral does not warrant charges, the case may be dismissed after a review with the Chief Student Affairs Officer.
    3. The notice, in addition to the reported violation, lists the rights and responsibilities of the student and schedules an appointment for a Review of Judicial Charges and Procedures.
    4. Charges are forwarded to the student by the Dean of Students. While an academic semester is in session, the appointment for the Review is generally set within 2 - 3 business days of receipt by the student who is being charged.
  3. Review of Judicial Charges and Procedures
    1. The Dean of Students or designee states the charge against the student and reviews the rights of the student. Failure to appear for the Review constitutes a plea of responsible.
    2. The student may plead responsible to the charge, or another charge which is deemed appropriate in the discretion of the Dean of Students or designee, at the time of the Review. In this case, the Dean of Students or designee accepts the plea and determines the sanction that will be applied.
    3. The student may plead not responsible to the charge at the Review.
      1. The Dean of Students or designee may determine that if the sanction for a violation is to be no greater than a Probation with conditions, a hearing may not be justified. In such a case the Judicial Coordinator or designee will hear the student's information and make a determination of responsible or not responsible.
      2. If the potential sanction for the violation would be greater than a reprimand but less than would qualify for a Judicial Appeal Hearing the student will, in most cases, be given an Administrative Hearing.
      3. If the potential sanction for the violation would be subject to appeal, the student will, in most cases, be granted an Administrative Hearing or a Judicial Board Hearing. Relocation, loss of residence license, suspension, and dismissal are subject to appeal.
  4. Administrative Hearing
    1. An Administrative Hearing will be held for a student who pleads not responsible and whose sanction would not be subject to appeal. As referenced in Section III, E. 1, a student may have the opportunity, in cases which might result in sanctions subject to appeal, to have the case heard in an Administrative Hearing.
    2. An Administrative Hearing differs from a Judicial Board Hearing in that only the Dean of Students or designee hears the case rather than a panel of students and staff. Like a Judicial Hearing, it is a hearing with full presentation of evidence and witnesses. In an Administrative Hearing, the Dean of Students or designee will weigh the evidence as presented, may consider a charge that involves equal or lesser judicial action, will make a final decision, based on a preponderance of the evidence presented, of responsible or not responsible, and will decide upon the sanction if responsibility is adjudged.
  5. Judicial Board Hearing
    1. A Judicial Board Hearing will be held for a student who pleads not responsible to a violation which could involve a sanction subject to appeal. A student who has plead not responsible to a violation which might result in a sanction which is appealable may request an Administrative Hearing. The sole discretion lies with the Dean of Students to determine weather an Administrative Hearing may be held rather than a Judicial Board Hearing.
    2. In the case of a student who pleads not responsible, the Judicial Board makes a final decision, based on a preponderance of the evidence presented, of responsible or not responsible.
    3. Upon recommendation of the Board, the Dean of Students or designee may consider a charge that involves an equal or lesser judicial sanction.
    4. A majority of the votes decides the issue.
    5. All members of the board have a vote. The Dean of Students or designee votes only in the case of a tie.
    6. When responsibility has been determined by the Judicial Board, the Dean of Students or designee decides the sanction.
  6. Judicial Appeal Board
    1. A student found responsible for a violation may request an appeal for a sanction which they believe is too severe for the violation. Sanctions of relocation, loss of residence license, suspension and dismissal may be appealed.
    2. Appeals must be submitted on the Judicial Appeal Form, available in the Judicial Affairs Office.
    3. An appeal must be requested in writing within 48 hours after the judicial decision has been communicated to the student. Time limit does not include weekends or college holidays.
    4. Appeals are to be submitted to the Office of the Dean of Students who will forward them to the Judicial Appeal Chair.
    5. The reason the individual believes the original sanction is too severe must be stated in the request for the appeal.
    6. The student requesting an appeal must schedule the appeal hearing with the Chair of the Judicial Appeal Board within 7 days of the submission of the appeal form. Failure to meet this deadline will result in the forfeiture of the appeal.
    7. The Chair of the Judicial Appeal Board upon receiving an appeal, will determine whether or not sufficient cause has been given for an appeal hearing to be granted. The Chair, whenever reasonable, will contact the submitter of the original Judicial violation, any victim(s), and relevant College Officials to gain further background information regarding the incident and/or the individual appealing the sanction.
    8. Since an appeal hearing is not a new hearing, only the student who is appealing may be present or present information at the appeal hearing.
    9. The Judicial Appeal Board makes a recommendation to the Chair of the Appeal Board who makes the final decision.
    10. Failure to appear at the appeal hearing results in a forfeiture of the appeal.
  7. Sanctioning Academic Dishonesty Cases
    In Academic Dishonesty cases, the Dean of the faculty where the course was held or the incident occurred, in consultation with the Office of the Dean of Students, the Dean of the Faculty of the student's major, and the Chief Student Affairs Officer, determines the sanction to be applied if the student is found responsible. In determining sanctions, this group must take into account any previous cases of academic dishonesty by the student in question, as evidenced by records held in the Office of the Dean of Students.
  8. Grounds For New Hearing
    A case will be reopened only if significant new information, material and relevant to the case, not available at the time of the original hearing is to be presented, or if a violation of due process, either procedural or substantive has occurred. Either a student found responsible for a violation or the College may request reconsideration. A request must be directed to the Dean of Students within 48 hours of the original hearing. The Vice President for Student Affairs, in consultation with the Dean of Students, will decide if there is significant new evidence or sufficient grounds, on a question of due process, to reopen a case.

Contact Information

If you have questions about the Judicial Process at Plattsburgh State, please contact:

Dean of Students Office  
Location: 602 Kehoe Administration Building
Phone: (518) 564-3282
Fax: (518) 564-3824

Email: judicial@plattsburgh.edu

Address: 101 Broad Street, SUNY Plattsburgh, 602 Kehoe Administration Building, Plattsburgh, NY 12901

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