Student Code of Conduct

The State University of New York College at Cortland strives to maintain a community that promotes and values the academic experience, institutional and personal integrity, justice, equality, and diversity. The University, therefore, believes in values that foster an environment where people can work, study, and recreate together as a community.

In establishing this community, it is necessary to state behavioral expectations for all students, which promote the values that the University has stated are necessary. The purpose of the Student Code of Conduct is to outline these behavioral expectations, and to provide an explanation of the process involved for responding to allegations of student misconduct, as well as detailing what actions the University shall take in dealing with policy violations.

A student attending SUNY Cortland agrees to be governed by this Student Code of Conduct, as well as other University policies through their affirmation on BannerWeb (myRedDragon) upon enrollment. The University, through the Student Conduct Office, maintains the exclusive authority to impose sanctions for behaviors that violate the Student Code of Conduct.

1. The term "University" means the State University of New York College at Cortland.
2. The term "student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate or graduate studies, or those individuals who were students at the time of an alleged violation of the Student Code of Conduct, as well as individuals on University premises for any purpose related to registration for enrollment. Persons who are not officially enrolled for a particular term but who have a continuing relationship as a student with the University are considered "students."
3. The term "faculty member" means any person hired by the University to conduct classroom activities.
4. The term "staff" or "staff member" means any person employed by the University performing assigned administrative, professional, or classified responsibilities. Note: Classified (non-exempt) employees may only serve as Staff Hearing Officers as volunteers outside normal working hours.
5. The term "University official" includes any person employed by the University performing assigned administrative or professional responsibilities.
6. The term "designated University official" means any person employed by the University and authorized by the University to act in a prescribed manner in accordance with the statutes found in the Maintenance of Public Order applying to the University and in accordance with the Policies of the Board of Trustees of the State University of New York.
7. The term "member of the University community" includes any person who is a student, faculty member, University official, or any other person employed by or affiliated with the University. The Vice President for Student Affairs shall determine a person’s status in a particular situation.
8. The term "University premises" includes all land, buildings, facilities, or other property in the possession of or owned, used or controlled by the University including adjacent streets and sidewalks.
9. The term "University property" means all property owned, leased, or on loan to the University.
10. The term "personal property" means anything of value to which a person has legal possession or title.
11. The term "student organization" means any number of persons who have complied with the formal requirements for University recognition by the Student Government Association and/or the Division of Student Affairs.
12. The term "student publication" means written material including, but not limited to, brochures, newspapers and special interest magazines published by students and distributed to the University community.
13. The terms "Student Code of Conduct" and "Code" shall refer specifically to this document.
14. The term "student conduct officer" means the Director of Student Conduct and/or their designate.
15. The term "student conduct body" means any person or persons authorized by the Director of Student Conduct to determine whether a student has violated the Student Code of Conduct and to impose sanctions when necessary.
16. The term "Student Conduct Hearing Advisor" means any individual assigned to advise a student conduct body.
17. The term "complainant" means any person or persons who have filed disciplinary charges against a student.
18. The term "Reporting Individual" shall encompass the term victim/survivor related to cases of sexual harassment, sexual assault, domestic violence, dating violence and stalking and will be afforded appropriate Reporting Individual rights (See Section 10). The term “Reporting Individual” may also apply to victim/survivors where the respondent has been charged with conduct which violates the health and safety of an individual. (See Student Code of Conduct).
19. The term "accused student" means any student who has been initially identified as a person who has allegedly violated the Student Code of Conduct.
20. The term "respondent" is used to describe an accused student once the conduct process is engaged and charges have been filed.
21. The term "school day" means a week day when school is in session or non-holiday business day when school is not in session.
22. The term "shall" is used in the imperative sense.
23. The term "may" is used in the permissive sense.
24. The term “business day” means a week day when business typically occurs and is not a holiday. School may or may not be in session.
25. Sexual and Interpersonal Misconduct terms:

1. 1. Affirmative Consent: is a knowing, 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 the 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. Additionally:

• 1. • 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 participate in sexual activity. 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.
       • Note: Sexual Coercion is the act of using pressure (emotional and/or verbal), alcohol, or drugs in a persistent manner in order to wear down a victim making them feel obligated to engage in sexual activity with another person when they had already refused or would be doing so against their will.
  2. Amnesty: The Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases states that the health and safety of every student at the State University of New York and its State-operated and community University is of utmost importance. SUNY Cortland 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. SUNY Cortland 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 SUNY Cortland officials or law enforcement will not be subject to SUNY Cortland's code of conduct action for violations 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.
  3. Bystander: a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
  4. Clery Act:  The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act is a federal statute (20 U.S.C. §1092(f)) that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses. Compliance is monitored by the U.S. Department of Education.
  5. Confidentiality: may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality. (See also "Privacy".)
  6. Dating violence: any violent act or acts committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. The existence of a social relationship of a romantic or intimate nature with the victim is determined based on the reporting party's statement, the length of the relationship, the type of relationship, and frequency of interaction between the persons involved in the relationship.
  7. Domestic violence: a felony or misdemeanor crime of violence committed by any of the following individuals:  current or former spouse or intimate partner of the victim; or a person with whom the victim shares a child in common; or a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or a person similarly situated to a spouse of the victim under the domestic or family laws of the jurisdiction in which the crime of violence occurred; or any other person against an adult or youth victim who is protected under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  8. Privacy: may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with the New York State and other laws, including informing appropriate Institution officials. (See also "confidentiality".)
  9. Retaliation: adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.
  10. SaVE Act: The SaVE Act is an acronym for the Campus Sexual Violence Act provision of the 2013 reauthorized Violence Against Women Reauthorization Act (VAWA). The SaVE Act provision, Section 304, requires colleges and universities to report domestic violence, dating violence, and stalking beyond the crime categories the Clery Act already mandates; adopt certain student conduct procedures, such as for notifying victims of their rights;  and adopt training protocols and policies to address and prevent campus sexual violence.
  11. Sexual activity: has the same meaning as "sexual act" and "sexual contact" as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).
  12. Sexual assault: a physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old. Please refer to the SUNY Cortland Student Code of Conduct for a more detailed definition.
  13. Sex discrimination: behaviors or actions that deny or limit a person's ability to benefit from, and/or fully participate in the educational programs or activities or employment opportunities because of a person's sex.  Sex discrimination includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing others whether or not the harassment occurs on the SUNY campus or whether it occurs during work hours. All acts of sex discrimination, including sexual harassment and sexual violence, are prohibited by Title IX and University policy. Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or gender expression or not conforming to stereotypical notions of masculinity or femininity.
  14. Sexual exploitation: occurs when an individual takes nonconsensual or abusive sexual advantage of another for their own benefit or the benefit of another.  Sexual exploitation includes, but is not limited to invading another’s sexual privacy, taking or distributing sexually explicit images, threatening to distribute sexually explicit images, voyeurism, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention or knowingly transmitting a sexually transmitted infection, sexually based stalking or bullying. 
  15. Sexual harassment: unwelcome, gender-based verbal, non-verbal, or physical conduct that is sexual in nature and sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the University’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation. Sexual harassment in the educational setting is a form of discrimination on the basis of sex, which includes unwelcome sexual advances, requests for sexual favors, or verbal, non-verbal, or physical conduct of a sexual nature which denies or limits a student's ability to participate in or to receive benefits, services, and opportunities in the University's programs. Conduct of a sexual nature (verbal, non-verbal, or physical), which creates an intimidating, hostile, or offensive environment is prohibited. [Note: for specific student and employee policy definitions, policies, and procedures, please refer to the hyperlinked documents at the top of this page, Student Code of Conduct and Affirmative Action Program websites, respectively.]
  16. Sexual violence:  refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (as defined by the SUNY affirmative consent policy). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by other students, University employees, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX and University policy. (U.S. Office for Civil Rights guidance)
  17. Stalking:  intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or causes that person to suffer substantial emotional damage.   Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her. [A course of conduct is two or more acts, including but not limited to acts in which the stalker directly, indirectly or through third parties by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a persons' property.  Substantial emotional distress is significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling. A reasonable person is one under similar circumstances with similar identities to the victim.]
  18. Title IX: Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. It states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  (Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R., Part 106) Sex discrimination includes sexual harassment, sexual assault, and sexual violence.
  19. VAWA: The Violence Against Women Act (VAWA) is a federal law initially passed in 1994 and reauthorized three times, most recently in 2013 (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355). VAWA's initial focus has expanded from domestic violence and sexual assault to also include dating violence and stalking. The Act provides funding for investigation and prosecution of violent crimes against women, imposes mandatory restitution by those convicted, and allows civil remedy in certain cases. The Act created the Office on Violence Against Women within the U.S. Department of Justice. While the title of the law refers to women victims of violence, the actual text is gender-neutral, providing coverage for male victims of domestic violence as well.

1. Guest: The term “guest” is defined as any non-SUNY Cortland student who is visiting the campus.
2. Unrecognized Organization: An unrecognized organization is an organization, group, club, society or fraternal organization whose recognition as a University club or organization is currently suspended or has been revoked on the basis that its members have committed severe violations or have a history of repeated violations of law and University regulations such that the organization’s continued presence on the campus or association with the University is determined to have irreparable adverse effects on the University or members of the University community. An organization, group, club, society or fraternal organization that misrepresents itself as a recognized University club or organization or uses the University name or logos without authorization is also considered to be an unrecognized organization, as such groups are not regulated by overarching organizations or by the University and, therefore, pose a risk to members of the campus community.
3. Sanction: A requirement or status that is issued as a result of either accepting responsibility or being found in-violation of one or more policies in the student code of conduct which guarantees due process with regard to the person’s rights as an individual. Sanctions are issued through the student conduct process.
4. Remedy: An action taken to protect the well-being of an individual after an allegation of injury, harm, or a wrongful act is imposed upon them. Remedies may be issued through the Title IX Office or the student conduct process.
5. Title IX terms:
   1. Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
      1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
      2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
      3. “Sexual assault” as defined in Y 12 of the definition section of the Code, “dating violence” as defined in Y 6 of the definition section of the code, “domestic violence” as defined in Y 7 of the definition section of the code, or “stalking” as defined in Y 6 of the definition section of the code 17.
   2. Formal Complaint: A document signed filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the recipient. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the recipient) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under this part, and must comply with the requirements of this part. 
   3. Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to a recipient’s Title IX Coordinator or any official of the recipient who has authority to institute corrective measures on behalf of the recipient. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the recipient with actual knowledge is also the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the recipient.
   4. Notice: Includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.
   5. Complainant: An individual is alleged to be the victim of conduct that could constitute sexual harassment.
   6. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
   7. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The recipient must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
6. Knowingly: a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.        

1.  The Director of Student Conduct shall determine the composition of the student conduct bodies (see Section Eight) and the appellate boards and determine which student conduct body, Hearing Officer, and appellate board shall be authorized to hear each case.
2. The Director of Student Conduct shall develop policies for the administration of the student conduct system and procedural rules for the conduct of hearings, which are not inconsistent with the provisions of the Student Code of Conduct.
3. Decisions made by a student conduct body and/or Administrative Hearing Officer shall be final, pending the normal appeal process (see Section Thirteen).

Generally, University jurisdiction and adjudication of cases shall be limited to conduct that occurs on University property and/or at University-related events, or that adversely affects the University community and/or the pursuit of its objectives. The student conduct officer, in consultation with the Vice President for Student Affairs, will determine when the University will take action for allegations of off-campus misconduct that also violate University policy and/or federal, state and/or local laws, statutes, or ordinances.

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Section Eleven.  Prohibited items confiscated by University employees acting in the performance of duties will not be returned unless otherwise noted in the residence life and housing agreement.

Note: Good Samaritan Policy - Abuse of alcohol and other drugs can create life-threatening situations that require an immediate response from emergency services personnel. It is the intent of the University to encourage a witness or intoxicated person who is suffering from an alcohol or other drug overdose to seek emergency assistance.  The University aims to prevent future alcohol and drug related emergencies by providing education to intoxicated persons in such emergencies and referring those students to appropriate services. In all instances, the University is concerned that those in need receive prompt medical attention and expects help will be sought. The University cannot guarantee absolute immunity from sanctions associated with violations of the Student Code of Conduct or state and federal law for either the witness or intoxicated student. However, if the witness or intoxicated student agrees to a timely completion of recommended education/intervention activities, assessment, and/or treatment, an official conduct record will not be created.  Instead the student will be mandated an educational/intervention course of action which will be recorded as part of a conduct file and considered as conduct history which may be used in deciding future charges and sanctions, but not reported out (exception is for teacher candidates and residence hall staff candidates). If the student does not comply with the agreed upon terms, the Good Samaritan Policy has been violated and the student is subject to disciplinary action.  If the student does not agree to the terms set forth by the Student Conduct Office, the student will be charged with a violation of the alcohol and/or drug policy and proceed through the conduct process. Further, if a pattern of intoxication develops, the student may be subject to conduct action at the determination of the Director of Student Conduct or designee.

1. University disciplinary proceedings may be instituted against a student charged with a violation of a law that is also a violation of the Student Code of Conduct. For example, if both violations result from the same factual situation, without regard to the status of civil litigation in court or criminal arrest and prosecution, proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
2. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of the individual’s status as a student. If the alleged offense is also the subject of a proceeding before a student conduct body under the Student Code of Conduct, however, the University may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters will be handled internally within the University community.  The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.  Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

1. The Student Conduct Office has been delegated the responsibility to administer the student conduct system. The operations of the office shall be the responsibility of the Director of Student Conduct. Responsibilities of the office include but are not limited to:
   1. Reviewing complaints and determining charges to be filed pursuant to the Student Code of Conduct.
   2. Investigating cases and conducting Incident Review Meetings.
   3. Determining which student conduct body shall hear each case.
   4. Interviewing and advising parties involved in disciplinary proceedings.
   5. Supervising the selection, training, and advising of all student conduct bodies.
   6. Reviewing the decisions of all student conduct bodies.
   7. Resolving disputes and contested issues that arise out of alleged cases of student misconduct.
   8. Maintaining all student disciplinary records resulting from enforcement of the Student Code of Conduct.
   9. Collecting and disseminating data concerning student conduct system actions.
2. The Student Conduct Office shall function with a professional and student staff. This staff shall include but not be limited to:
   1. Director of Student Conduct.
   2. Associate Director of Student Conduct. 
   3. Assistant Director of Student Conduct
   4. Clerical Staff 
   5. Area Coordinators/Residence Hall Directors (RHDs) assigned to the Student Conduct Office as an outside assignment. The number of Area Coordinators/RHDs and their responsibilities shall be determined annually by the Director of Residence Life and Housing and the Director of Student Conduct.
   6. Student Conduct Hearing Advisors shall be appointed by the Director of Student Conduct to supervise hearings conducted by the Student Conduct Board, and may be appointed to supervise administrative proceedings. Student Conduct Hearing Advisors will generally be Area Coordinators/RHDs assigned to the Student Conduct Office, and other professional staff members.

Based on the nature and severity of the alleged violation, the Director of Student Conduct will determine the appropriate conduct process. The University shall establish appropriate student conduct bodies, which may conduct hearings concerning alleged violations of the Student Code of Conduct, and determine responsibility and appropriate sanctions. The Director of Student Conduct has the ability to modify the composition of the board based on hearing officer availability. The Director of Student Conduct reserves the right to choose the type of hearing each respondent will attend: Conduct processes shall include:

Students should expect that disciplinary proceedings will be handled fairly. All SUNY Cortland students accused of violating the Student Code of Conduct shall be granted the following due process rights:

1. A student has the right to a hearing by an unbiased student conduct body.
2. A student has the right to have an advisor present at the hearing.
3. A student has the right to written notice of the charges that indicates the date, time and location of the hearing. Proper written notification shall be defined as delivery of mail to a student's on-campus mailbox, hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus email account, or delivery by the U.S. Post Office to a student's local off-campus address. Students shall be held responsible for the contents of mail for which they have refused receipt.
4. A student has the right to review the written report or narrative stating the circumstances and allegations involved. The report will generally be reviewed in the initial Incident Review Meeting, however, further review can be requested through the Student Conduct Office prior to a formal hearing if one has been requested. A time must be scheduled during normal business hours to review the report.
5. A student has the right to object to a Board member or Hearing Officer who is serving in the capacity of student conduct body. The Student Conduct Hearing Advisor will determine the validity of the objection.
6. A student has the right not to present information against themselves.
7. A student has the right to request a continuance of no more than 5 business days. The Director of Student Conduct will determine the validity of the request. 
8. A student has the right to hear and respond to all information presented against them. This includes the right to question any witnesses present.
9. A student has the right to present information and witnesses on their behalf.
10. A student has the right to written notification of the results of a hearing no later than ten school/business days after the hearing.
11. A student has the right to appeal the outcome of a hearing, as described in Section Thirteen, Appeals. A student must be informed of their right to appeal, and the process by which to do so.
12. A student has the right to revoke their agreement in an Incident Review Meeting within three school/business days of the meeting and request a formal hearing.
13. Conduct charges will be filed against the student within 30 school days of receipt of a report by the Student Conduct Office of misconduct. Exception: Title IX/VAWA/NYS Education Law 129b related complaints as investigations of this nature may take longer to complete.

SUNY Cortland also provides the following rights to reporting individuals related to our conduct process:

Student Conduct Process:

• To request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the SUNY Cortland Student Code of Conduct as well as federal and New York State law, including the due process provisions of the United States and 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 parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct (see Bylaws 12.b);
  • The right to a 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, impartiality, 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 assault, 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 attend. 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 evidence. Temporary delays should not last more than 10 days except when law enforcement specifically 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 otherwise held by the University)
  • 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/videoconferencing 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 past mental health diagnosis or treatment from admittance in University disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction.
  • 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, and the rationale 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 proceeding. 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.

Student Conduct Office

607-753-4725

Corey Union, Room 405

PO Box 2000

Cortland, NY 13045-0900

• • 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 to be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

A: Rights of an Organization

SUNY Cortland provides the following rights to organizations related to investigations and our conduct process:

1. An organization has the right to a hearing by an unbiased student conduct body.
2. An organization has the right to have an advisor present at the hearing.
3. An organization has the right to written notice of the charges that indicates the date, time and location of the hearing. Proper written notification shall be defined as delivery of mail to the organization’s president/captain’s on-campus mailbox, hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus email account or delivery by the U.S. Post Office to a student’s local off campus address. The organization’s president/captain shall be held responsible for the contents of mail for which they have refused receipt.
4. An organization has the right to review the written report or narrative stating the circumstances and allegations involved. The report will generally be reviewed in the initial Incident Review Meeting, however, further review can be requested through the Student Conduct Office prior to a formal hearing if one has been requested. A time must be scheduled during normal business hours to review the report.
5. An organization has the right to object to a Board/Panel member or Hearing Officer who is serving in the capacity of student conduct body. The Student Conduct Hearing Advisor will determine the validity of the objection.
6. An organization has the right not to present information against themselves.
7. An organization has the right to request a continuance of no more than five (5) business/school days. The Director of Student Conduct will determine the validity of the request.
8. An organization has the right to hear and respond to all information presented against the organization. This includes the right to question any witnesses present.
9. An organization has the right to present information and witnesses on their behalf.
10. An organization has the right to written notification of the results of a hearing no later than ten (10) business/school days after the hearing.
11. An organization has the right to appeal the outcome of a hearing as described in Section Thirteen, Appeals. An organization must be informed of their right to appeal, and the process by which to do so.
12. An organization has the right to revoke their agreement in an Incident Review Meeting within three business/school days of the meeting and request a formal hearing.
13. Conduct charges will be filed against the organization within thirty (30) business/school days of receipt of a report by the Student Conduct Office of misconduct. Exception: Title IX/VAWA/NYS Education Law 129b related complaints as investigations of this nature may take longer to complete.

**Note: Family Education Rights Privacy Act (FERPA) does not apply to organizations or teams.

Procedures for Organizational/Team Investigations:

Investigations will be conducted by the Student Conduct Office, Campus Activities and/or Campus Recreational Sports in allegations of violations of the student code of conduct where the students/active and past members (including but not limited to alumni) involved were acting on behalf of an organization or team.

Investigative findings of violations by NCAA Athletic Teams will be communicated to the Head Coach of said team and Athletic Director. Individual members will be charged where appropriate under the student code of conduct. There may also be action taken by the coach and/or athletic department for violations of team/athletic department policies.

Investigative findings of violations by student groups and organizations will be adjudicated through the Student Conduct Office. Individual members will be charged where appropriate under the student code of conduct. There may also be action taken by the Student Government, Greek Life Office or Campus Recreation Department for violations of policies specific to those areas.

1. If in the course of the Conduct process, a hearing body determines that a conduct violation or behavior was motivated by bias, they may consider it as an aggravating factor when determining sanctions. The following sanctions may be imposed by a student conduct body upon any student found to have violated the Student Code of Conduct:     
   1. Warning.  A notice to the student that their actions are inappropriate, and that the individual must act more responsibly in the future.  A warning also indicates that should the individual again be referred for disciplinary action, their prior disciplinary history will help determine any future sanctions. Sanctions will generally be cumulative.
   2. Deferred Residence Hall Suspension. A definite period of observation and review.  If a student is again found responsible for any further University policy violations including failure to complete previously imposed sanctions or adhere to previously imposed conditions, restriction from University-operated housing and housing grounds will be immediately imposed for a definite period of time.
   3. Residence Hall Suspension.  Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
   4. Residence Hall Dismissal.  Permanent separation of the student from the residence halls.
   5. Disciplinary Probation.  A notice to the student that their actions are of a serious nature within the University community.  This sanction shall be primarily used in cases of serious or consistent policy violations.  Probation shall be for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any University policies during the probationary period.  Any violation committed during the probationary period will result in a review of the student's status at SUNY Cortland.
   6. Deferred Suspension.  A definite period of observation and review.  If a student is again found responsible for any further University policy violations including failure to complete previously imposed sanctions or adhere to previously imposed conditions, the student will automatically be suspended for a minimum of one semester.

   7. Disciplinary Suspension.  The separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Students who are suspended will have notation on their transcript, see the University Record Notation Policy.

      Note: Please see Student Accounts for information on liability and refunds related to a change in status: cortland.edu/cost-aid/student-accounts-office/refunds-withdrawals/

   8. Disciplinary Dismissal.  The permanent separation of the student from the University. Students who are dismissed will have notation on their transcript, see the University Record Notation Policy.

      Note: Please see Student Accounts for information on liability and refunds related to a change in status: cortland.edu/cost-aid/student-accounts-office/refunds-withdrawals/

   9. Loss of Privileges.  Denial of specified privileges for a designated period of time. These include, but are not limited to:

      1. A restriction from possessing particular items on campus (i.e., stereos, radios, bicycles, automobiles, sporting items, etc.).
      2. A restriction from hosting visitors and/or guests.
      3. A restriction from being a visitor in or entering a specified residence hall or halls.
      4. A restriction from being in a particular residence hall or halls.
      5. Other restrictions, as approved by the student conduct officer

                                       

   10. Restitution.  Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

   11. Mandated Room Reassignment.  A notice that the behavior merits the immediate relocation of the student to   another campus residence.

   12. Mandated Counseling Assessment.  The student must attend an assessment and/or with a licensed mental health professional by a specific date.  Unless otherwise stated by the student conduct body, the student is required to follow all recommendations made as a result of the assessment.

   13. Educational/Restorative Sanctions.  Work assignments, community service, and other related sanctions that meet with the approval of the Director of Student Conduct.  Other sanctions include but are not limited to:
       1. Letter of apology
       2. Essay or research paper on assigned topic
       3. Disqualification from future housing selection process
       4. Program presentations
       5. Substance education program
       6. Educational programs
       7. Other sanctions as approved by the Director of Student Conduct
2. More than one of the sanctions listed above may be imposed for any single violation.
3. Sanctions will not be devised that infringe upon the rights of students already noted in the Student Code of Conduct and Related Policies.
4. Other than disciplinary suspension and disciplinary dismissal, disciplinary sanctions shall not be made part of the student's permanent academic record but shall become part of the student's confidential disciplinary record maintained in the Student Conduct Office.
5. In some instances, a student conduct body may recommend sanctions to the student conduct officer, based on a lack of detailed knowledge of how the sanction will be developed and supervised. In those instances, the sanction may be developed by the student conduct officer, who will determine if the sanction is appropriate, and whether or not to create a new sanction, which is directly proportionate to the recommended sanction. The student conduct officer shall report their sanction back to the student conduct body to ensure consistency.
6. The following terms shall apply to all disciplinary suspensions and disciplinary dismissals, unless otherwise noted by the Vice President for Student Affairs:
   1. The individual is restricted from all University grounds, facilities, classes, activities or related functions for the duration of the separation.
   2. The individual must petition the Vice President for Student Affairs to receive permission for any amendment to the restrictions noted in #1.
   3. At the discretion of the Vice President for Student Affairs, a student who was suspended may be required to meet specific conditions once readmitted to the University.
7. The following outlines the available sanctions for cases of sexual assault, sexual harassment, dating violence, domestic violence and stalking.
   1. When an individual is found responsible for sexual assault, the following sanctions are available: 

      1. Disciplinary suspension for a minimum of one semester, but not to exceed 10 semesters

      2. Disciplinary dismissal    

      3. If suspended, during the time of suspension you may be required to complete counseling and/or alcohol and other drug assessments or complete other educational programs
      4. If readmitted after suspension, deferred suspension/disciplinary probation for a minimum of one semester up to final separation from the University and other restrictions, educational sanctions or programs may be assigned     
      5. When an individual is found responsible for sexual harassment, stalking, dating violence or domestic violence, the following sanctions are available:
         1. Disciplinary probation for a minimum of one semester up to final separation from the University

         2. Deferred suspension for a minimum of one semester up to final separation from the University

         3. Counseling and/or alcohol and other drug assessment
         4. Educational programs
         5. Restrictive measures
         6. Disciplinary suspension for a minimum of one semester, but not to exceed 10 semesters
         7. Disciplinary dismissal
         8. If suspended, during the time of suspension you may be required to complete counseling and/or alcohol and other drug assessments or complete other educational programs
         9. If readmitted after suspension, deferred suspension/disciplinary probation for a minimum of one semester up to final separation from the University and other restrictions, educational sanctions or programs may be assigned.
8. Sanctioning of Student Organizations

       If an organization is deemed in-violation of any of the charges, sanctions will be imposed by the Hearing body.

        Sanctions may include those listed in Section Eleven of the Student Code of Conduct. However, further sanctions may

        be imposed that are appropriate and fitting for the safety of members, education and development of the

        organization. However, further sanctions may be imposed that are appropriate and fitting for the safety of members,

        education and development of the organization.

1. In certain circumstances, the Vice President for Student Affairs or their designee may impose a Disciplinary Suspension or other restrictions prior to the hearing before a student conduct body. These circumstances shall relate directly to the institutional concerns outlined in Section Twelve, C.
2. In certain circumstances, the Director of Residence Life and Housing or their designee may impose a Residence Hall Suspension, Mandated Room Reassignment or other restrictions prior to the hearing before a student conduct body.  These circumstances shall relate directly to the institutional concerns outlined in Section Twelve, C.

3. In all cases, Interim Sanctions will be imposed only:      

   1. To ensure the safety and well-being of members of the community or preservation of University property; or
   2. To ensure the student's own physical or emotional safety and well-being; or
   3. If the student poses a definite threat of disruption of or interference with the normal operations of the University.

   Both the accused or respondent and the reporting individual shall, upon request, and consistent with our policies and procedures be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim sanction, including potential modification, and shall be allowed to submit evidence in support their request. 

4. In cases of Title IX/VAWA/NYS Education Law 129b violations where the accused is a student, the reporting individual may contact Student Conduct or the Title IX Coordinator 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 and ongoing hostile environment.

5. During an Interim Suspension, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Vice President for Student Affairs or their designee may determine to be appropriate.  Both the accused or respondent and the reporting individual shall upon request and consistent with our policies and procedures, be afforded a prompt review, reasonable under the circumstances of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of their request. 

6. When an Interim Restriction of Contact is issued, and the accused and reporting individual observe each other in a public space, it is the responsibility of the accused to leave the area immediately and without directly contacting the reporting individual.  Both the accused and reporting individual shall upon request and consistent with our policies and procedures, be afforded a prompt review, reasonable under the circumstances of the need for and terms of an interim restriction of contact, including potential modification, and shall be allowed to submit evidence of their request. 

7. Whenever an interim sanction is imposed, the Student Conduct Office shall convene a hearing at the earliest possible time, pending the normal due process requirements. The interim sanction may remain in effect until a final decision has been reached, including any appropriate appeals process, at the discretion of the Vice President for Student Affairs or their designate.

8. Should an accused student wish to appeal or modify the parameters of an imposed interim sanction, they must do so in writing to the Vice President for Student Affairs or their designee in writing within 3 business/school days of the receipt of the interim sanction letter.  The decision of the Vice President for Student Affairs or their designee is final.

9. Interim Sanctions may be imposed on an organization. This may include halting all functions of the organization until the conclusion of the investigation and student conduct process. In all cases, Interim Sanctions will be imposed to ensure the safety and well-being of members of the community or preservation of University property.

1. A decision reached or sanction imposed by a student conduct body may be appealed by the respondent (or by the reporting individual in Title IX and Sexual and Interpersonal Misconduct cases. See the Sexual or Interpersonal Misconduct appeal process and the Title IX appeal process) to the Student Conduct Office within five (5) school/business days of initial written receipt of the decision. Such appeals shall be in writing and shall be delivered to the student conduct officer or their designee. The written appeal of hearing outcomes shall not be longer than 10 double spaced typed pages in length or 2500 words. When a student appeals under “New Evidence” any evidence submitted shall not be counted toward the page limitation. Further, video submissions are not considered as part of written page length and may be submitted.

2. Student Conduct Process Appeal (Non-Title IX):

   Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents for one or more of the following purposes:

   • 1. 1. Procedural Error. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and gave the respondent a reasonable opportunity to prepare and to present a rebuttal of those allegations.  Deprivation of due process rights shall be considered Procedural Error.
        2. Unsupported Conclusion. To determine whether the facts in the case were sufficient to establish that a violation of the Student Code of Conduct occurred.
        3. Disproportionate Sanction. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct that the student was found to have committed.
        4. New Evidence. To consider new evidence, sufficient to alter a decision or other relevant facts not brought out at the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
           
           
   • B.1. Title IX Appeal:
     • Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents for one or more of the following purposes:
       • Procedural Irregularity. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and gave the respondent and reporting individual a reasonable opportunity to prepare and to present a rebuttal of those allegations. Deprivation of due process rights shall be considered Procedural Irregularity.
       • Unsupported Conclusion. To determine whether the facts in the case were sufficient enough to support the decision reached by the Student Conduct Hearing Officer or decision maker.
       • Disproportionate Sanction. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct that the student was found to have committed.
       • New Evidence. To consider new evidence, sufficient to alter a decision or other relevant facts not brought out at the original hearing, because such evidence and/or facts were not known or available to the person appealing at the time of the original hearing.
       • Conflict of Interest or Bias. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against the reporting individuals or respondents generally or the individual reporting individual or respondent that affected the outcome of the matter.

3. The appellate body reviewing the appeal may, after reviewing all available information, elect to:

   1. 1. 1. Affirm the finding and sanction originally determined.
         2. Affirm or modify the finding and modify the sanction.
         3. Remand the case to the original student conduct body for a new hearing.
         4. Dismiss the case.

4. Since deference shall be given to the determinations of student conduct bodies:

   1. 1. 1. Sanctions should only be reduced or increased if found to be disproportionate to the gravity of the offense, precedent for similar offenses and/or the accused student's prior conduct record.
         2. Cases should be remanded to the original student conduct body if specified procedural errors were so substantial as to effectively deny the accused student a fair hearing.
         3. Cases should be dismissed only if the finding of the student conduct body is held to be arbitrary and capricious.

5. The imposition of sanctions will be deferred during the period of appellate proceedings.

6. Appeals of decisions will be reviewed in the following manner:

   1. 1. 1. All appeals will be screened by the student conduct officer to ensure they meet the criteria established above for the filing of an appeal. If the appeal does not meet one of the four criteria, it will be denied by the student conduct officer.
         2. The University Appeals Committee will consist of three appeal board members.
         3. Decisions of the Student Conduct Board or Administrative Hearing may be appealed to the University Appeals Committee within five school/business days of receipt of the outcome letter.
         4. The decision of the University Appeals Committee is final.
         5. In Title IX/VAWA/NYS Education Law 129b related cases, the decision may be appealed to the Title IX/VAWA/NY Education Law 129b Appeals Committee by either the respondent or reporting party within five school/business days.  Upon receipt of the appeal, the other party will be notified of the appeal and both parties will be given an additional three school/business days to submit further information regarding the decision.

7. The University Appeals Committee:

   1. 1. 1. Shall be composed of faculty/staff or students who have been trained appropriately and appointed by the Student Conduct Office.
         2. Shall be supervised in its deliberations by the student conduct officer, unless the student conduct officer has served in the capacity of student conduct body for the case under review. In such instances, the Vice President for Student Affairs or their designee shall select another administrator to supervise the proceedings of the Committee.

8. Sexual and Interpersonal Misconduct Appeals Committee:

   • 1. 1. Shall be composed of faculty/staff and students who have been appointed by the Student Conduct Office and have been trained in accordance with New York State Education Law 129b.
        2. Shall be supervised in its deliberation by the Director of Student Conduct or their designee.
        3. The Title IX/VAWA/NYS Education Law 129b University Appeals Committee will review all appeals brought forward by the respondent or reporting individual in cases involving charges of Sexual and Interpersonal Misconduct that do not meet the Title IX grievance process criteria.
   • H.1. Title IX Appeals Committee:
     1. 1. Shall be composed of faculty/staff and students who have been appointed by the Student Conduct Office and have been trained in accordance with the Federal Law.
        2. Shall be supervised in its deliberations by the student conduct officer, unless the student conduct officer has served in the capacity of student conduct body for the case under review. In such instances, the Vice President for Student Affairs or their designee shall select another administrator to supervise the proceedings of the Committee.
        3. Shall be trained annually on Title IX processes and decision making. Verification of training may be reviewed on the Title IX Compliance Information page.  
        4. The Title IX/VAWA/NYS Education Law 129b University Appeals Committee will review all appeals brought forward by the respondent or reporting individual in cases involving charges of Sexual and Interpersonal Misconduct.

9. In the event that a member of the University Appeals Committee, Sexual and Interpersonal Misconduct Appeals Committee or Title IX College Appeals Committee cannot hear the case or must recuse themselves, the Director of Student Conduct may appoint another faculty, staff or Student Hearing Officer to review the case.  

During the period between the spring and fall semesters, all University discipline will be handled as established below.

1. All reports will be reviewed by the student conduct officer, who will determine whether or not disciplinary charges are warranted.
2. If the incident under review occurred during the spring semester but was unable to be handled prior to the summer, the student will be contacted to schedule a virtual meeting to take place during the summer. The student will have the option to request an in-person meeting either during the summer or when the fall semester begins.
3. In the event where the student conduct officer believes that disciplinary suspension or disciplinary dismissal could be an outcome, an Administrative Hearing will be convened at the earliest possible time, at the discretion of the student conduct officer. Should it not be possible to resolve the case during the summer, a hearing will be held at the beginning of the fall semester.

In order to standardize the operating procedures of student conduct bodies, a set of Bylaws shall be developed to formalize the operation of the student conduct system. These Bylaws:

1. Shall be developed by the student conduct officer. The student conduct officer shall not develop any Bylaws that are in conflict with the Student Code of Conduct, or that otherwise abridge the rights of students to a fair hearing.
2. Shall be reviewed annually by the student conduct officer.
3. Shall be subject to the approval of the Vice President for Student Affairs on an annual basis.
4. Shall be made available to any party upon verbal or written request to the student conduct officer.

1. The Student Conduct Office shall maintain disciplinary records and a disciplinary tracking system that shall include, but not be limited to, the accused student's name and related information, description of the incident, parties involved, Student Code of Conduct violations, sanctions, and other data deemed relevant by the Student Conduct Office. Such information shall be maintained in accordance with the provisions of the Family Educational Rights and Privacy Act. Disciplinary records shall be made available to student conduct bodies and University officials designated in the Student Code of Conduct as necessary.
2. Students may arrange to review their own disciplinary records by contacting the Student Conduct Office. Except as provided in the Student Code of Conduct or pursuant to a lawfully issued subpoena, the University shall not communicate a student's disciplinary record and related information to any person or agency without the prior written consent of the student.
3. The Student Conduct Office may share disciplinary record information with institutions with which the student seeks or plans to enroll.
4. Student disciplinary records are retained in accordance with SUNY Records Retention Policy (accessible at www.suny.edu/sunypp (Document Number 6609). Student records for major Student Code of Conduct violations and drug and alcohol policy violations are retained for a minimum of seven years after the end of the academic year of said violation(s) to comply with federal recordkeeping requirements. Records of minor Student Code of Conduct violations will be retained for a minimum of three years after the end of the academic year of said violation(s). Cases involving disciplinary suspension will be retained permanently, and may only be expunged upon successful application to the Vice President for Student Affairs. Files for suspension for hazing or other serious violations will not be expunged. Case files involving permanent dismissal will be retained permanently.

Note: See University Record Notation Policy in Related University Policies.

1. The Vice President for Student Affairs Office may notify the parents of dependent students who have had disciplinary sanctions placed on them. This notification will occur once the imposed sanctions are final, at the expiration of any appeals process and will be limited to cases brought before the Student Conduct Board and Administrative Hearings held at those levels as well as Incident Review Meeting that result in any type of probationary status. Cases involving alcohol or drug violations by students under the age of 21 will likely result in notification being sent to parents. Exceptions may be made for repeated minor offenses by a dependent student that could result in removal from the residence hall or other campus housing.
   • In disciplinary cases that involve a serious threat to one’s physical or emotional safety or the physical or emotional safety of others, the Director of Student Conduct or their designee shall notify the parents of dependent students.
2. All students enrolled at SUNY Cortland will be considered by the University to be dependent unless they have approved independent status on file with the Financial Aid Office or are at least 25 years of age. Students are informed about our parental notification policy at the time of the incident review meeting.  For more information on dependency status and emancipation, contact the Financial Aid Office.
3. Parental notification will consist of a copy of the decision letter sent to the student, a cover letter to the parents and, at the discretion of the Vice President for Student Affairs, any other written materials deemed informative

1. Any question of interpretation regarding the Student Code of Conduct shall be referred to the Vice President for Student Affairs or their designee for final determination.
2. The Student Code of Conduct shall be reviewed annually under the direction of the Director of Student Conduct.