Student Conduct Office

STUDENT RIGHTS (from Section II of the Student Conduct Manual)

Respondents:

1. The right to be presumed Not Responsible until responsibility is established. Responsibility is determined either by an admission of responsibility or by the presentation of information and evidence at a hearing, upon which the Director of Student Conduct or designee or a hearing board bases a decision of responsibility. Determinations made at Student Conduct Board, or Administrative Hearings, will be determined by a preponderance of the evidence presented.
2. The right to be given written notice of the nature of the charges and to be informed of one’s rights. Notice will be sent by the Student Conduct Office via campus email.
3. The right to offer a plea of Not Responsible and request either:
   
   1. An Administrative Hearing before the Director of Student Conduct or designee or
   2. A hearing before the Student Conduct Board.
4. The right to remain silent during any portion of the Student Conduct Process. An adverse inference from the Respondent’s silence is prohibited.
5. The right to bring witnesses (as outlined in Section I of the Student Conduct Manual) and/or up to two Advisors (as outlined in Section I of the Student Conduct Manual) to any meeting/hearing that is part of the adjudication process. State University policy permits the presence of Advisors for privately advising the student at the hearing. Advisors are not, however, eligible to participate in the hearing, e.g., by presenting the student’s case or cross-examining witnesses.
   
   1. All requests to review evidence/case documents or reschedule meetings/hearings, must be made by the student themselves (not by others on their behalf).
6. The right to question the Reporting Individual (when applicable) and anyone serving as a witness at a hearing.
7. The right, prior to the hearing and upon request, of supervised access of all evidence that will be utilized in the hearing and the right of supervised access to the recorded proceedings of the hearing for a period of 6 months from the date of the hearing.
   
   1. Note: Access is limited to a supervised review of the evidence as coordinated between the Respondent and the Student Conduct Office.
8. The right to request a Student Conduct Appeal for cases that qualify as outlined in Section V. F.
    

Reporting Individuals:

1. The right to be given written notice of the nature of the charges and to be informed of one’s rights. Notice will be sent via campus email by the Student Conduct Office.
2. The right to remain silent during any portion of the Student Conduct Process. An adverse inference from the Reporting Individual’s silence is prohibited.
3. The right to bring witnesses (as outlined in Section I of the Student Conduct Manual) and/or up to two Advisors (as outlined in Section I of the Student Conduct Manual) to any meeting/hearing that is part of the adjudication process. State University policy permits the presence of Advisors for privately advising the student at the hearing. Advisors are not, however, eligible to participate in the hearing, e.g., by presenting the student’s case or cross-examining witnesses.
   
   1. All requests to review evidence/case documents or reschedule meetings/hearings, must be made by the student themselves (not by others on their behalf).
4. The right to question the Respondent and anyone serving as a witness at a hearing.
5. The right, prior to the hearing and upon request, of supervised access of all evidence that will be utilized in the hearing and the right of supervised access to the recorded proceedings of the hearing for a period of 6 months from the date of the hearing.
   
   1. Note: Access is limited to a supervised review of the evidence as coordinated between the Reporting Individual and the Student Conduct Office.
6. The right to request a Student Conduct Appeal for cases that qualify as outlined in Section V. F.
    

This general guideline of standards serves as the likely minimum sanction for first-time violations of the Sections outlined in Section II of the Student Conduct Manual. It is imperative to understand that when looking at these standards that educational needs related to the behavior, previous conduct violations, and any extenuating circumstances are taken into account when determining a sanction and therefore, the sanctioning process is malleable in nature as appropriate.

Student Conduct Sanctioning Guideline

It is SUNY Plattsburgh’s highest priority to maintain the health and safety of the college and surrounding community to the extent that it can without infringing upon people’s due process rights. As such, SUNY Plattsburgh will investigate all reported COVID-related violations and will adjudicate all behavior that is alleged to violate the Student Conduct Manual. The college will utilize the established policies and procedures to adjudicate alleged misconduct.

As outlined under “Jurisdiction” in Section (III) of the SCM, the SCM can be utilized to address on and off campus behavior. Any or all of the following sections could apply to an alleged violation that was COVID-19 in nature:

• 9 (Endangerment) 
  
  • 9.01 – Reckless or intentional acts, which endanger, or put at risk, the health and safety of any member of the community are prohibited.
• 10 (Failure to Comply)
  
  • 10.01 – Failure to comply with the directions of College officials acting in the performance of their official duties is prohibited. 
  • 10.03 – Failure to comply with any Administrative Action taken by the College will constitute a violation. For the purposes of this Section, Administrative Action might refer to but is not limited to: No Contact Orders or Interim Suspensions. 
• 20 (Residence Hall/Published Institutional Policies), and
• 30 (Violations of Civil or Criminal Law — including violations of existing Executive Orders and/or Public Health Law)

Any student referred to the Student Conduct Office for any alleged violation of the Student Conduct Manual (SCM) will be afforded their due/fair process rights as outlined in the SCM. Given that each case is unique unto itself, all cases are adjudicated on a case-by-case basis. Multiple findings of responsibility will likely result in graduated levels of sanction, up to and including permanent dismissal. 

The Student Conduct Office (SCO) seeks applications from people interested in serving as a board member for conduct and appeal board hearings.

SCO Board Member Position Description and Expectations

Student Conduct Office (SCO) Board Members are responsible for hearing cases of students alleged to have violated the Student or Group Conduct Manual. They also review the outcomes of cases when serving on an appeal board. Each board consists of at least three trained members drawn from a pool of students, faculty, and staff members. Upon review of a case, the board makes a determination (via consensus) as to whether or not a student violated college policy and, when appropriate, determines sanctions for those found to be responsible. This is a volunteer position where the time commitment may vary.

Please note: This is a rolling application process and we will take on new board members as they apply and are accepted to the position.

Eligibility requirements

1. Board members must not currently be on disciplinary probation or suspension held in abeyance.
2. A general willingness to serve on any scheduled board hearing, regardless of the nature of the incident or the specific charges filed.
3. A strict adherence to impartiality, objectivity, punctuality, civility, and confidentiality.
4. Must possess a high attention to detail, effective communication skills, and critical thinking skills.

Time Commitment

1. Service on any particular board is voluntary and based on one's availability.
2. People selected as board members will be appointed to a one-year term with the option for re-appointment at the end of each academic year.
3. Members will be required to satisfy all training requirements outlined by the SCO and the SUNY Student Conduct Institute prior to serving on any Board.
4. Most hearings typically last between 2 to 4 hours.

Please contact Larry Allen ([email protected]) with any questions. We are pleased to speak to anyone upon invitation. We thank you in advance for your interest!

SCO Board Member Application

• Student Conduct Office Records Retention Policy
• Rules for the Maintenance of Public Order