N5: Student Conduct and Disciplinary Procedures “The Code”

Responsibility for Maintenance: Student Engagement & Learning Support; Campus Safety & Security

Date of most recent changes: June 25, 2024

I. Introduction

Onondaga Community College is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life and thoughtful study and discourse. The student conduct program within the Office of Students’ Rights, Responsibilities, and Residence Life is committed to an educational and developmental process that balances the interests of individual students with the interests of the College community.

Onondaga Community College has adopted Core Values that guide the choices of students and other members of the College community.  These Core Values similarly guide the implementation of the College’s policies and procedures related to student behavior.  These Core Values are:

• Students First – Keep students at the center of all we do.
• Learning – Embrace the lifelong pursuit of knowledge and free expression of ideas in a safe environment to advance the individual and the community.
• Excellence – Strive for continual improvement and innovation to seek our highest potential.
• Diversity – Enrich learning through an inclusive campus environment that respects human dignity and difference.
• Community – Foster active and productive participation in building a mutually supportive environment for members of the campus and broader communities.
• Responsibility – Build a culture of integrity and accountability to develop both self and others.

The Student Code of Conduct is a statement of expectations for students’ behaviors as members of the College community. Students are expected to comply with all federal, state and local laws and all policies, procedures, rules, regulations, and directives of Onondaga Community College and/or its affiliated organizations, including but not limited to those policies set forth in the Student Code of Conduct, the College’s Centralized Policy Manual, the Residence Life Handbook, and the College Catalog.

Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision-maker. No student will be found in violation of College policy without information showing that it is more likely than not that a policy violation occurred, and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

II. Reason for Policy

College is fundamentally about learning—both inside and outside the classroom.  This learning includes developing the skills to live successfully in a diverse community.  When a student’s behavior is alleged to fall short of expectations, that student will receive a fundamentally fair opportunity to be heard through the College’s Conduct process and, if appropriate, receive a response, including appropriate sanctions, that educates and protects the involved individuals and the broader community consistent with the College’s Core Values.

III. Applicability of the Policy

All members of the College community should be familiar with this policy. Lack of knowledge of the Code is not a defense for violating a policy.

The College reserves the right to make changes to this code as necessary and once those changes are posted online and emailed to students, they are in effect. Students are encouraged to check online [insert URL] for the updated versions of all policies and procedures.

The policy governs student and all College-affiliated student organization behavior that occurs:  on campus; at any site owned, operated, or controlled by the College; or at any location while the student is participating in a College-related activity. 

Alleged off-campus violations, with enough information, may be pursued in cases where the off-campus conduct affects a substantial college interest. The Director will consult with the Dean of Students to determine if student conduct action is warranted under the circumstances. A substantial college interest includes:

1. Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of self or others; and/or
2. Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
3. Any situation that is detrimental to the educational mission and/or interests of the College;

The Code of Student Conduct may be applied to behavior conducted online, via email or another electronic medium. Students should also be aware that online postings such as blogs, web postings, chats (direct or private messages) and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The College does not regularly search for this information but may act if such information is brought to the attention of College officials. 

The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests.

There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations.

Students are subject to the Student Code of Conduct and related policies from the time of initial enrollment through the actual awarding of a degree even though conduct may occur before classes begin or after classes end. The Code applies even if the student withdraws while a disciplinary matter is pending. The College may choose to either place a hold on the student’s ability to re-enroll until the matter is resolved and all sanctions are satisfied or the College reserves the right to continue with the disciplinary matter without the respondent's participation.

College email is the College’s primary means of communication with students.  Students are responsible for all communication delivered to their College email address.

IV. Related Materials

• Onondaga Community College Website
• Onondaga Community College Centralized Policy Manual
• Residence Life Keys to Residence Hall Living Handbook
• Policy D6: Sexual Assault, Domestic Violence, and Stalking Prevention
• Options for Confidentially Disclosing Sexual and Interpersonal Violence 
• College Catalog
• NYS Education Law, Articles 129-A and 129-B
• Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, and accompanying regulations of the U.S. Department of Education (collectively, “FERPA”)

V. Contacts

VI. Authority

The Dean of Students is vested with the authority over student conduct by the Board of Trustees. The Dean of Student appoints a Director of Students’ Rights, Responsibilities, and Residence Life to oversee and manage the student conduct process. The Director will develop procedures to adjudicate alleged violations of prohibited behavior. The Director may appoint investigators, hearing officers, appeal officers, or other staff as necessary to efficiently and effectively supervise the student conduct process.

VII. Definitions

VIII. Students’ Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accuser and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, judicial or conduct process of the institution.

Nothing in this section shall be construed to limit the College’s ability to provide amnesty in additional circumstances.

IX. The Rules (Prohibited Behaviors)

Students are members of the College community and are expected to act responsibly and avoid interference with the rights, comfort or safety of other members of the College community. The following behaviors, and attempts thereof, are prohibited. 

1. Harm to Persons: Intentionally or recklessly causing physical harm; endangering the health or safety of any person; physically restraining or detaining another person; or forcibly removing a person from a place where they have a right to remain.
2. Threatening & Intimidating Behavior: Written or verbal conduct that causes reasonable apprehension of harm to the health or safety of any person or damage to any property or implied threats or acts that cause a reasonable fear of harm in another.
3. Bullying and Cyberbullying: Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally and are not protected by freedom of expression.
4. Hazing: An intentional or reckless act which endangers the mental health, physical health, or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of College Policy.
5. Harassment: Behavior in any form, including via electronic media, which is beyond the bounds of protected free speech, directed at a specific individual(s), that is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in Onondaga Community College programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
6. Discrimination: Any act or failure to act based upon an individual’s actual or perceived, status (age, ancestry, color, religion, disability, gender identity, gender expression, national origin, race, sex (including pregnancy), sexual orientation or any other protected class) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the College’s educational program or activities. 
7. Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another, for their own benefit, or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment. This includes, but not limited to, distribution of nude or sexually explicit video or photogenic images of a person without affirmative consent; sexual voyeurism; prostituting another person; or creation, possession, or dissemination of child pornography.
8. Sexual Harassment: Sexual harassment is unwelcome conduct, on the basis of sex, that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity; 
9. Dating Violence: Dating violence is committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
10. Domestic violence: Domestic Violence includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York states domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York.
11. Stalking: Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
12. Sexual assault: Sexual assault includes any sexual act directed against another person, without the affirmative consent of the victim including instances where the victim is incapable of giving consent.
13. Obscene behavior: Obscene behavior includes, but is not limited to, publicly exposing one’s intimate body parts; public urination; public defecation; public sex acts; or the display of sexual or lewd behavior that reasonably would be offensive to others
14. Unauthorized Images: Making unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy
15. Weapons: Possession of weapons, dangerous chemicals, explosives, or items that are replicas or have been altered to appear as a real weapon, such as a toy gun being painted black to appear as though it is an actual gun.  Utilizing objects not normally viewed as a weapon in such a way that could cause harm is also prohibited.
16. Tobacco: Smoking or tobacco use on campus premises.
17. Drugs/Controlled Substances 
    1. Use or possession of drugs/controlled substances
    2. Sale and/or distribution of drugs/controlled substances
    3. Attendance at a gathering where controlled substances, illegal drugs, look-alike drugs or prescription drugs prescribed to another person have been used 
       • If, in on-campus housing, marijuana (odor, materials, and/or residue) is positively identified by trained law enforcement personnel and (a) no one opens the door for Onondaga Community College Campus Safety Officers or housing staff or (b) no residents of that suite take responsibility for the behavior if found in a common/shared space, all residents of that living space will be held responsible for violating Code 17.3. 
18. Alcohol 
    1. Use or possession of alcohol
    2. Sale and/or distribution of alcohol
    3. Disorderly, destructive, or violent behavior to self or others while under the influence of alcohol
    4. Attendance at a gathering where alcohol has been consumed 
       • If, in on-campus housing, alcohol is found in a suite and no residents of that suite take responsibility for the alcohol found in a common/shared space, all residents of that living space will be held responsible for violating Code 18.4.
19. Disorderly conduct: Prohibited and/or disruptive behavior on Onondaga Community College premises or at off campus sponsored activities which interfere with the activities of others, including the ordinary functions of Onondaga Community College as an institution (teaching, research, administration, or other College sponsored activities). This includes, but is not limited to, obscene, indecent, or grossly inconsiderate behavior, exposure of others to highly offensive conditions, and disregard for the privacy of self or others. 
    1. Students are permitted to engage in peaceful activities consistent with Policy D10 Free Speech and Public Assembly.
20. Vandalism: Deliberate or reckless damage to or destruction of the property or services of any party.
21. Stolen Property: Intentional and unauthorized taking of College property or the personal property of another, including goods, services, and other valuables or knowingly purchasing, selling, or possessing stolen property or services.
22. Residential Living Violations.
    1. Specific Residential Life Policies can be found in the Residence Hall Living Handbook
23. Fire Safety: Violations of local, state, federal, or campus fire policies including, but not limited to: 
    1. Creating or contributing to a fire
    2. Failing to comply with fire drill, fire alarm and/or emergency evacuations or procedures
    3. Tampering with, damaging, improper use, or covering fire safety equipment, such as: fire extinguishers, smoke detectors, fire alarms, and sprinkler systems.
24. Unauthorized Access: Entering or remaining in a space belonging to the College or another person without permission; unauthorized possession, duplication, or use of means of access to any College building; or failing to timely report a lost College identification card or key.
25. Falsification: Knowingly manufacturing, using, selling, or possessing false, falsified or forged materials, documents, accounts, records, identification, or financial instruments; furnishing false information to any College Official including, but not limited to, misrepresentation of identity; or making a knowingly false report of any crime, policy violation, or other incident.
26. Election Tampering: Tampering with the election process of any College-recognized student organization.
27. Trademark: Unauthorized use (including misuse) of College or organizational names and images
28. Failure to comply: Failure to comply with a lawful directive of any authorized College or affiliated organization official or employee, including student employees, acting in the performance of his or her duties, including failure to present College identification when requested and incomplete sanctions
29. Unauthorized gambling: Gambling for money or other things of value on campus or at College-sponsored activities is prohibited unless otherwise authorized.
30. Retaliation: An 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.  Any individual who participates in any of the sexual harassment or sexual violence reporting procedures has the right to do so without fear of or actual retaliation.  Retaliatory behavior by someone, or anyone acting on their behalf, against anyone whom they may believe have cooperated in the investigation and/or conduct process is strictly prohibited and may result in disciplinary action.
31. Abuse of the Conduct System 
    1. Failure to obey the summons of a Student Conduct Administrator or College official
    2. Falsification, distortion, or misrepresentation of information before a Student Conduct Administrator and/or student conduct hearing board
    3. Disruption or interference with the proceeding of a student conduct hearing
    4. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system
    5. Attempting to influence the impartiality of a panel member prior to and/or during the course of the student conduct proceeding
    6. Harassment and/or intimidation of a panel member, witness, or complainant prior to, during, and/or after a student conduct proceeding
    7. Influencing or attempting to influence another person to commit an abuse of the student conduct system
32. Violations of Law: Violation of any federal, state, or local law or regulation, not otherwise reflected in the Prohibited Behaviors section of this Code of Conduct, whether or not formal charges have been filed.
33. Violation of Other Policy. Violation of any policy, procedure, rule, regulation or directive of the College or any of its affiliated organizations.
34. Collusion: Knowingly acting or planning to act in concert to violate Onondaga Community College policy and/or knowingly allowing another person to violate Onondaga Community College policy without reporting to a college official.

X. Academic Integrity

These prohibited behaviors do not limit or restrict specific department, program, or course guidelines or expectations.  It is the expectation that every student abides by all Onondaga Community College policies, including but not limited to behavioral expectations stated in individual course syllabi. See the College Catalog for definition and procedures relating to academic integrity.

XI. Sanctions

The following sanctions may be imposed upon any student found to have violated the prohibited behaviors:

1. Disciplinary Warning – A written notice to the respondent communicating that a violation of the code of conduct has occurred and that a conduct record is on file within the College.
2. Pre-Suspension (Disciplinary Probation) – A  written notice to the respondent that a violation of the code of conduct has occurred, that the student is not in good disciplinary status, and that any additional violations of the code of conduct for a set period of time will likely lead to some level of separation from the College. 
3. Residence Hall Probation - A  written notice to the respondent that a violation of the code of conduct has occurred  and that any additional violations of the code of conduct for a set period of time will likely lead to removal from College housing. 
4. Residence Hall Suspension - Separation of the student from College housing for a defined period, after which the student is eligible to petition to return to housing. Conditions for readmission to housing may be specified.
5. Residence Hall Expulsion – Permanent separation of the student from College housing. A ban from visiting, entering or being in the vicinity of any College housing is included as part of this sanction unless otherwise specified. 
6. College Suspension – Separation of the student from the College for a defined period, after which the student is eligible to petition to return to the College. Separation from the College shall not exceed 60 months for a single incident that is a violation of the Student Code of Conduct. A separated student may not enroll in classes or be a part of any College related activities. A ban from the College campus and from participation in College related activities and events is included as part of this sanction unless otherwise specified. Upon completion of separation period and approval of petition by the College, readmission to the College may occur. Conditions for readmission may be specified.  
7. College Expulsion – Permanent separation of the student from the College. A ban from the College campus and from participation in College related activities and events is included as part of this sanction unless otherwise specified. 
8. Ban from Campus – A ban from entry to specified areas of College premises, including the entire campus if directed, for a specified or permanent period of time.
9. No Contact Directive – Directive banning contact with another College community member while one or both are members of the College community. 
10. Loss of Privileges – Denial of specified privileges for a designated period of time or permanently.
11. Restitution – Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. 
12. Educational Sanctions – assignments, essays, programs, workshops, service to the College or outside community or other related discretionary or educational assignments. 
13. Revocation of admission and/or degree – Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. 
14. Withholding Degree – The College may withhold awarding a degree otherwise earned until the completion of the process set forth in the code of conduct, including the completion of all sanctions imposed. 

XII. Interim Measures

In certain circumstances, the Director may impose interim measures prior to a formal hearing. Interim measures may include loss of contact with individuals; denial of access to facilities; and/or suspension from the College pending the outcome of a hearing.

Interim measures may be imposed to ensure the safety and wellbeing of members of the College community and/or College property; if the student poses an ongoing threat of disruption or interference with the normal operations of the College; or to ensure the student’s own physical or emotional safety and well-being. 

The Director will develop procedures to issue interim measures and provide the respondent an opportunity to appeal. 

XIII. Amnesty Polices

1. Statement on Alcohol and other Drug Use Amnesty in medical emergencies

Onondaga Community College students are expected to be aware of their health and safety and encouraged to help fellow students when their health and safety is in danger. When a person’s health or safety is threatened due to consumption of alcohol, unlawful drugs, controlled substances and/or synthetic materials, or for other reasons, immediate action should be taken. This could include alerting medical personnel, Campus Safety and Security, or an appropriate college official.

The College recognizes that students who have been drinking and/or using drugs may be hesitant to seek medical help for themselves or others in medical emergencies due to fear of potential consequences for their own conduct. To ensure that a student obtains the help they need for these potentially life-threatening emergencies, the College seeks to reduce barriers to seeking medical attention. 

This policy eliminates the student conduct consequences for student seeking assistance, for the assisted individual, and for others involved. It applies only to polices involving the use of alcohol and drugs. The policy does not preclude action regarding other policy violations. 

In addition, the assisted student must agree to timely completion of assigned alcohol and/or drug education activities, assessment, and/or treatment. Failure to complete this follow-up will result in revocation of the medical amnesty. 

The Director retains discretion not to apply this policy in situations where the assisted individual has repeated incidents. 

In all cases, the incident will be documented. This practice does not preclude action by Campus Safety and Security or other legal authorities. 

2. Statement on Alcohol and Other Drug Use Amnesty in Sexual and Interpersonal Violence Cases

The health and safety of every student of the State University of New York and its New York state-operated colleges is of utmost importance. Onondaga Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The college strongly encourages students to report incidents of domestic violence, dating violence, stalking or sexual assault to college officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to college officials or law enforcement will not be subject to the college's code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the domestic violence, dating violence, stalking, or sexual assault incident. Nothing in this section shall be construed to limit the college's ability to provide amnesty in additional circumstances.

3. Safe Harbor

Onondaga Community College has a Safe Harbor rule for students. Onondaga Community College believes that students who have a drug and/or addiction problem deserve help. If any Onondaga Community College student brings their own use, addiction, or dependency to the attention of Onondaga Community College officials outside the threat of conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated. 

XIV. Criminal Proceedings

Proceedings under this policy may be carried out prior too, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the College.  Determinations made or sanctions imposed under this policy shall not be subject to change because a different result was reached in another forum. For allegations of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate this policy, the proceedings shall run concurrently with any 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 ten (10) days except when law enforcement specifically requires and justifies a longer delay.

XV. Transcript Notations

As required by New York State Education Law, Article 129-B, crimes of violence, including, but not limited to sexual violence, will be notated on the transcripts of students found responsible after the conclusion of the institutional conduct process AND the resulting sanction of the conduct process includes either suspension or expulsion.  The notation on the transcript will read “Suspended after a Finding of Responsibility for a Code of Conduct Violation” or “Dismissed after a Finding of Responsibility for a Code of Conduct Violation.”

For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “Withdrew with Code of Conduct Charges Pending.”

Should any student with such a notation on their transcript like to appeal the notation, they may do so in writing to the Dean of Students, or designee, and justify the removal using one of the two following conditions.

• The student has returned from their suspension and has been a student at Onondaga Community College for at least one year without behavioral incident.
• The conduct finding of responsibility has been vacated.

Upon an appeal being received, the Dean of Students will bring the request forward to the appropriate institutional personnel, including but not limited to the Chief of Campus Safety, for review and determination.

A notation for expulsion will not be removed unless the finding of responsibility has been vacated.

XVI. Questions

Any questions regarding interpretation or application of this policy should be referred to the Dean of Students, or his or her designee, for final determination. Onondaga Community College reserves the right to interpret or construe any uncertain or disputed term of the policy.

Approved by OCC Board of Trustees June 5, 2007

Updated and approved by the OCC Board of Trustees September 23, 2008

Updated and approved by the OCC Board of Trustees June 1, 2010

Updated and approved by the OCC Board of Trustees May 3, 2011

Updated and approved by the OCC Board of Trustees June 18, 2013

Updated and approved by the OCC Board of Trustees June 17, 2014

Updated and approved by the OCC Board of Trustees June 16, 2015

Updated and approved by the OCC Board of Trustees June 21, 2016

Updated and approved by the OCC Board of Trustees June 20, 2017

Updated and approved by the OCC Board of Trustees June 19, 2018

Updated and approved by the OCC Board of Trustees September 25, 2018

Updated and approved by the OCC Board of Trustees June 18, 2019 

Updated and approved by the OCC Board of Trustees June 23, 2020

Updated and approved by the OCC Board of Trustees June 28, 2022

Updated and approved by the OCC Board of Trustees June 23, 2022

Updated and approved by the OCC Board of Trustees June 25, 2024