Complaints, incidents or referrals regarding student behavior as hereinafter described in paragraph "B" should be reported to the Office of Student Affairs (Room 222, Elston Hall). The Dean or the designated Associate Dean for Student Affairs will investigate each report and determine the action to be taken.

All of the following behaviors are a violation of the Schenectady County Community College Student Code of Conduct and may subject a student to disciplinary action as set forth below.

1. ACADEMIC MISCONDUCT. Commission of an act which violates the academic integrity of Schenectady County Community College, including, but not limited to, academic cheating; plagiarism; the sale, purchase or exchange of papers, or research; or theft of another’s work from any source is a violation of the Code. The developments of intelligence and strengthening of moral responsibility are two of the most important aims of education. Essential to the accomplishment of these purposes is the duty of the student to perform all of his or her required work without illegal or unethical help.

2. ALCOHOLIC BEVERAGE. Except for appropriate classroom activities or approved student activities, the possession and/or consumption of any alcoholic beverage is a violation of this Code. Possession and/or consumption of alcoholic beverages by students participating in a college club or college sponsored trip or an off-campus activity is also prohibited.

3. CRIMINAL ACTS. Any alleged criminal act committed by a student off campus, which is of such serious nature that it threatens the health or safety of the College community, is a violation of this Code.

4. DEMONSTRATIONS. A demonstration which endangers life, public or private property or violates local, state or federal law is a violation of the Code.

5. DISHONESTY. The falsification of information which includes any form of providing false or misleading information in writing, orally, or electronically in a manner which has the intent or effect of deceiving college personnel, or altering or falsifying official College records or documents; and/or the misrepresentation of oneself as an agent of the College is a violation of the Code.

6. DISORDERLY CONDUCT. Any disruptive conduct which substantially threatens, harms, or interferes with the peace and good order of the College community, students, visitors, personnel and/or other College processes and functions, including but not limited to, lewd, indecent or obscene conduct or expression; unreasonable and disruptive noise; public intoxication; or prohibited athletic activity on College owned or controlled property or at a College sponsored or supervised function is a violation of the Code.

7. DRUGS AND/OR DRUG PARAPHERNALIA. Possession or use of any illegal controlled substance, drug, or drug paraphernalia is prohibited and will be reported to local and state authorities and will also be subject to disciplinary action by the College. The College will cooperate with local and state authorities on any cases of suspected illegal use, possession or distribution of state- controlled drugs.

8. FAILURE TO COMPLY. The willful obstruction and/or the failure to comply with the directions of an authorized College official acting in performance of his/her prescribed duty; failure to provide valid student identification upon request of a College official; failure to comply with all regulations regarding student conduct on campus, and/or any violation of a College policy or procedure is a violation of the Code.

9. FIRE SAFETY. Violation of campus safety regulations, including but not limited to, setting unauthorized fires, tampering with fire safety and/or fire fighting equipment or rendering such equipment inoperable, turning in a false fire alarm, tampering or improper use of campus emergency phones, or failure to evacuate facilities upon the sounding of a fire alarm or drill is a violation of the Code.

10. GAMBLING. Gambling is prohibited on College owned or controlled property and at any College sponsored or supervised function and is a violation of the Code.

11. IDENTIFICATION/LIBRARY CARDS. Identification/Library cards are validated each semester. Properly validated cards or appropriate identification should be carried at all times and must be produced, upon request, to any authorized College authority-administrator, faculty member or security personnel. The use of a another student's identification/library card by any other student is a violation of the Code.

12. REMOVAL OF BOOKS AND MATERIALS. Removal of books and other materials from a College library in violation of the normal checkout procedures is a violation of the Code. Students with such materials and books in their possession will be considered as knowingly participating in the use of stolen materials.

13. SANCTION VIOLATION. Violations of a College judicial sanction including, but not limited to, failing to meet the terms of the sanction, failure to complete a specified condition or assignment of a sanction, or violating the Student Code of Conduct when on disciplinary probation is a violation of the Code.

14. SOLICITING. The advertisement, solicitation or sale of any item or service on College property is a violation of the Code unless the prior approval of the Director of Student Activities or Dean of Student Affairs has been secured.

15. THEFT. Theft or attempted theft of the property or services of the College, any organization, or any individual by means of taking, selling, deceiving, misappropriating, or misusing, as well as receiving and or possessing such stolen property is a violation of the Code.

16. THREAT OF HARM. Conveyance of threats or the commission of any act which results in, or which may result in, harm to any person or the damage to College property or the property of others by willful and deliberate means is a violation of the Code. This offense includes physical assault, verbal abuse, threatening or attempting physical assault upon any person, or threats to destroy College property or the property of others.

17. TRESPASSING. Unauthorized entry, use or occupancy of any building, structure, facility or college grounds is a violation of the Code.

18. VANDALISM. The intentional and/or reckless, but not accidental, destruction of property; damaging, destroying, defacing, tampering, misuse, or abuse of student, staff or College property, including rentals or leased facilities, is a violation of the Code.

19. WEAPONS. The possession, use or threat of use of any weapon on campus is strictly prohibited and will be reported to local and/or state authorities. For purposes of this provision, a weapon is defined as:

• anything within the definition of a weapon set forth in Penal Law 265.00;

• any instrument, device, or object designed or specifically adapted for the purpose of inflicting physical harm or death;

• any instrument, device or object possessed, carried, or used for the purpose of inflicting or threatening physical harm or death.

20. EXPLOSIVES. The possession or use of firecrackers or other explosive devices of any description for any purpose is a violation of this Code.

21. OTHER ACTS OF MISCONDUCT (NOT SPECIFICALLY LISTED ABOVE). Any act not specifically listed above which willfully, knowingly, or negligently endangers the health, safety or welfare of any member of the College community or visitors is a violation of the Code.

All of the following behaviors are a violation of the Schenectady County Community College Student Code of Conduct and may subject a student to disciplinary action as set forth below.

1. All charges of misconduct shall be reported to the Student Affairs Office and submitted in writing, via the Student Affairs Office, to the Chairperson of the College's Student Affairs Committee setting forth the circumstances of such misconduct, including time and place of the incident.

• The Chairperson shall refer a case to a Student Affairs Subcommittee on Discipline within five (5) business days ("business day" is defined as any day between Monday through Friday with the exception of legal holidays) after receipt of said charges.



• At the beginning of each academic year, the Chairperson of the College's Student Affairs Committee shall designate two (2) sitting Subcommittees on Discipline each containing three members, from the members of the Student Affairs Committee one of whom on each subcommittee will be a student. The two Subcommittees may alternate hearing any matters referred.

2. The student against whom charge(s) is being made shall be notified in writing by the Chairperson of the Subcommittee of the charge(s), the time, date and place of the hearing, the procedures to be followed, and the student's right to be represented at the hearing by a person of the his/her choice. Written notification of the charges and hearing notice will be served on the student by personal delivery or by certified mail to the address last provided to the Registrar of the College by the student.

3. If the student elects to be represented at the hearing, the Chairperson of the Subcommittee must be notified two business days prior to the scheduled hearing and the representative identified.

• Both the complaining party and the student charged with misconduct may be present at the hearing. Either may be represented by a person of his/her choice, including an attorney. Each party may present and cross-examine witnesses. The Subcommittee may in its discretion limit the testimony to information relevant to the disposition of the charge(s) and may in its discretion prohibit repetitious or redundant testimony.



• A record of the hearing will be made. The record of the hearing will be confidential, except as otherwise provided herein.



• Hearings will not be public. Publicity and public statements about the case by anyone involved will be avoided. The record shall be maintained separate and apart from the student's permanent record by the Student Affairs Office.



• Within five (5) business days of the conclusion of the hearing, the Subcommittee will submit its findings of fact in writing as to the alleged misconduct, and recommend to the Dean of Student Affairs or the designated Associate Dean a penalty consistent with the penalties provided for in this Code. The record, including the transcript and documents entered into evidence, will be transmitted to the Student Affairs Office with the Subcommittee's report and recommendation.

1. The Dean of Student Affairs or the designated Associate Dean may, following review of the record, accept or reject the Subcommittee's findings of fact and the recommended penalty recommendation of the Subcommittee. If the report and recommendation of the Subcommittee is accepted, the Dean of Students Affairs or the designated Associate Dean may, within five (5) business days of the receipt of the Subcommittee's written report and recommendation, impose one or more the penalties listed hereinafter. The student will be notified in writing of said determination by delivering a copy of same personally to the student or by mailing a copy of same by certified mail at the last address provided to the College by the student:

• a. No action;
• b. Reprimand: written reprimand with warning that continuation or repetition of misconduct may result in further disciplinary action;
• c. Restitution: reimbursement for damages to or misappropriation of property;
• d. Mediation and/or counseling referral;
• e. Disciplinary Probation: suspension of a student from any or all College programs or activities which do not relate directly to the student's academic performance;
• f. Suspension: exclusion from classes and other designated privileges or activities for a definite period of time;
• g. Expulsion: termination as a student of the College for an indefinite period.

2. The decision of the Dean of Student Affairs or the designated Associate Dean shall take effect immediately unless otherwise provided for in the student notification, and such decision shall be final except as provided for in the appeal process.

• Appeals shall be initiated in writing by the appellant completing the College Appeal Form which may be obtained from the Student Affairs Office. The completed Appeal Form must be submitted to the Dean of Student Affairs or the designated Associate Dean within five (5) business days of receipt of the decision appealed from. The written appeal and the record of the hearing, along with the written decision rendered, will be transmitted to the President of the College within two (2) business days of receipt of the Appeal Form. The President of the College shall review the record of the appeal. Within ten (10) business days, the College President will render a decision. That written decision will be mailed to the student by certified mail at the last address provided to the College by the student. A copy of the decision will also be sent to the designated Associate Dean for Student Affairs to be shared with the Subcommittee. The decision of the College President is final and will become part of the record of the proceedings maintained in the file established pursuant to the Hearing Procedures of this Code.

A student may be excluded and summarily suspended from campus and participation in any or all programs (including academic programs) and activities sponsored by the college, by the Dean of Student Affairs or the designated Associate Dean, in consultation with the President of the College, when the acts alleged represent a potential danger to the health, welfare, and safety of the College community. Such exclusion or summary suspension may begin at or prior to the formal filing of charge(s) as provided for in this Code.