Student Code of Conduct

Finger Lakes Community College serves as a dynamic learning resource, empowering our students to succeed and fueling the cultural and economic vitality of the region. Finger Lakes Community College's values — Vitality, Inquiry, Perseverance, and Interconnectedness — are the Institutional Learning Outcomes you will acquire in your educational experience at FLCC. They form the pinnacle of FLCC's Learning Framework and serve as measurement tools for determining student growth and development. As you pursue your education at FLCC, the College challenges you to inquire, persevere, make connections, and practice being a vital member of the community.

To help promote a safe and civil campus environment, Finger Lakes Community College expects ALL students, student organizations, and student groups (hereinto referred to as "student" or "students") to follow the Student Code of Conduct (here into referred to as "the Code"). The Code outlines the educational processes of the College that address behavior(s) not consistent with its tenets. The Code embraces several important values: the rights of free speech and peaceable assembly; the freedom of inquiry and the right to make constructive criticism; the central importance of honesty to this community; and the desire that all students participate on campus in an environment that respects differences of race, color, ethnicity, national origin, religion, creed, age, disability, sex, gender identity, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

Students are expected to abide by the policies of the College and to conduct themselves in accordance with accepted standards of good citizenship, respect, honesty, and decency, and with proper regard for the rights of others. Students must also obey federal, state, and local laws, as would any good citizen. The maintenance of harmonious community standards requires that behavior that interferes with or threatens the welfare of others or the College community be prevented. Ignorance of these standards will not be considered a valid excuse or defense. Student participation in any unlawful or other serious violations of College policy may lead to suspension or dismissal from the College.

The Code enumerates the rights and responsibilities of students, behaviors prohibited on or off campus, possible sanctions, and the procedures adopted by the College for addressing student conduct. A student attending FLCC agrees to be governed by this Student Code of Conduct, as well as other College policies. All students at FLCC have access to the Student Code of Conduct. Copies of the Code are available online and from the Office of Community Standards and Counseling (Room 3260). Students who have questions about the Student Code of Conduct are encouraged to contact the Director of Community Standards & Counseling at 585-785-1211.

Freedom to Learn

In accordance with Federal regulations, the New York State Human Rights Law, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, and Title VI and Title IX of the Higher Education Act, Finger Lakes Community College has adopted an internal due process procedure providing for prompt and equitable resolution of complaints alleging discrimination on the basis of race, color, ethnicity, national origin, religion, creed, age, disability, sex, gender identity, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction in its educational programs, activities, admissions, and employment policies. The name of the current Affirmative Action Officer is available from the Human Resources Office. The ultimate criterion for admission shall be the student's ability to benefit from the educational experience.

Neither student nor instructor shall be deprived of the tenets of academic freedom, including open discussion and investigation, and the College shall be ever conscious of and shall promote the motto of the State University New York System - "To Learn - To Search - To Serve." Instructors shall evaluate student performance according to current academic guidelines and students shall have the right to challenge a grade or academic treatment in the classroom according to the procedures outlined in the Student Academic Grievance policy.

Freedom to Participate in the College Community

Student representatives shall be voting members of the College Governance System, its standing committees, and of the Finger Lakes Community College Student Corporation. Students may also form student clubs and organizations, subject to the provisions and approval of the Finger Lakes Community College Student Corporation. Advisors shall serve as consultants for student groups and organizations.

Students shall have the right to assembly and the right to invite speakers and guests and to discuss issues of their choice. Appropriateness of such assemblies and any dispute regarding such appropriateness must be referred to the Director of Community Standards &Counseling. No student gathering or assembly shall physically obstruct the movement of others, deprive others of the opportunity to speak or be heard, represent students' views as the views of the College, or disrupt the educational or institutional process in ways that interfere with the freedom of others.

Any event held on the FLCC main campus or FLCC campus centers and that has been promoted to the general public will require all individuals to provide identification. FLCC students are responsible for the behavior of their guest(s) while on FLCC premises.

Personal Freedom

The College shall not act as the arbiter of personal behavior or morals unless the conduct in question violates the rights of others, the mission of the College, and/or these policies and procedures. Regulation of personal conduct may be necessary to protect the health or safety of members of the college community or the public, to fulfill the educational responsibilities of Finger Lakes Community College, or to comply with local, state, or federal laws. A student's personal property shall not be seized or searched without his/her consent unless such seizing or searching has complied with legal or college requirements.

Privacy of student records shall be maintained according to current records policies and the Family Educational Rights and Privacy Act (FERPA) as outlined in the College Catalog.

Religious Freedom (with regard to class attendance)

Finger Lakes Community College complies with New York State law with regard to religious absences. No person shall be expelled from or be refused admission as a student to Finger Lakes Community College because s/he is unable, because of his/her religious beliefs, to attend classes or to participate in any examination, study, or participate in an internship and a practicum on a particular day or days. Persons absent for reasons of religious observance based on a recognized, established religion shall be excused from any examination, study, or work requirements and shall be provided with an equivalent opportunity to make up any examination, study, or work requirements which s/he may have missed because of such absence. For further information, refer to the "Religious Beliefs" section in the College Catalog.

College: The term means Finger Lakes Community College.

Student: The term includes all persons who are registered or enrolled in courses at the College, including but not limited to both full-time and part-time, continuing education, Gemini program, and HSE (High School Equivalency) programs.

Student Organization: The term means any number of persons who have complied with the formal requirements for College recognition by the Student Corporation and/or the Division of Student Affairs.

Student Group: The term means any number of persons who are not officially recognized as a student organization by the Student Corporation and/or the Division of Student Affairs.

Hearing Officer or Student Conduct Officer: This term identifies a College staff member who is authorized to determine the appropriate resolution of an alleged violation of the Code, and/or to impose sanctions or affect other remedies as appropriate. Subject to the provision in this code, a Hearing Officer or Student Conduct Officer is vested with the authority to, among other duties, investigate a complaint of an alleged violation of the Code; decline to pursue a complaint; refer identified students to other appropriate resources; establish the Code alleged violations regarding a Responding Party; conduct a hearing; impose sanctions; chair and/or advise a hearing.

Designee: This term identifies an administrator, staff or faculty member who has the responsibility for implementing the student conduct process or administering the student conduct system, in part or in whole.

Business day: This term identifies any day, Monday through Friday that the College is open.

Confidentiality: This term means the condition of not wishing to have information passed on to anyone else. This disposition 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. Licensed mental health counselors, medical providers and pastoral counselors are examples of individuals who may offer confidentiality. At FLCC only the licensed Student Health Services employees are able to offer confidentiality.

Privacy: This term means the disposition to prefer having their information secluded from as many people as possible. This condition may be offered by an individual when such individual is unable to offer confidentiality under the law and will not disclose more information than necessary to comply with this and other applicable laws, including informing appropriate college officials.

Complainant: The term means any person or persons who have filed disciplinary charges against a student.

Accused Student: The term means any student who has been identified as a person who has allegedly violated the Code and has not yet entered the College's Student Conduct Process.

Reporting Party: The term encompasses victim, survivor, complainant, and any other term used by the College to reference an individual who brings forth a report of a violation.

Responding Party: The term means an individual accused of a violation who has entered the College's student conduct process and charges have been filed.

Responsible Employee: The term means an employee who has the authority to take action to redress harassment and has the duty to report discrimination or harassment to appropriate College officials, or an individual who a student could reasonably believe has this authority or responsibility. Most College employees are Responsible Employees, though there are some limited exceptions for reporting responsibilities for licensed mental health counselors or medical providers.

Advisor: This term means any person who accompanies a Reporting Party or Responding Party to any procedural meetings, interviews, hearings or other meetings with college officials that are related to the student conduct process. The advisor can be someone of the student's choosing who is affiliated with the Institution, which may be a faculty, staff, or student. Non-FLCC affiliated advisors may be allowed at the sole discretion of the conduct officer.* The role of the advisor is to be supportive and give consultations to the student. The advisor may not ask or answer questions or make comments during the investigation and hearing process. *Only in Sexual Misconduct cases may an advisor be an attorney. See Appendix A for an overview of the role of an advisor.

Standard of Evidence: The term standard of evidence used to determine responsibility is a preponderance of evidence which means more likely than not. This burden of proof is different than beyond a reasonable doubt, which is a more stringent standard that is applicable to criminal procedures. The technical rules of evidence used in civil and criminal proceedings do not apply to the Code and Non- Discrimination and Sexual Harassment Response and Prevention Policy.

Sanction: The term means a requirement or status that is imposed as a result of either accepting responsibility or being found responsible for violating the Code.

Amnesty/Good Samaritan: The term applies to reports of alleged College policy violations and violations of law by students. Sometimes, students are hesitant to report to College officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, including but not limited to alcohol, drugs, and other prohibited conduct, at the time of the incident. It is in the best interests for the health and safety of the FLCC community that students choose to come forward to report to College officials. To encourage reporting, the Code offers students amnesty from minor policy violations related to the incident. The term "Good Samaritan" is used to refer to a student who summons medical attention or intervenes in life-threatening situations for a person (including themselves) in need of medical assessment and/or treatment for a problem that this person may have contributed to or caused by participating in the use of alcohol or other drugs. This may also apply to a life- threatening situation that may have been caused by the person themselves above and beyond the use of alcohol and drugs.

Affirmative Consent: The term Affirmative Consent is defined as 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 created 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.

Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

Non-consent:

• Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm;
• 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 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 any individual otherwise cannot consent.

Retaliation: The term means 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.

Hostile Environment Sexual Harassment: The term means a hostile environment is created when sexual harassment is more serious than petty slights and inconveniences.

Quid Pro Quo Sexual Harassment: The term means unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual's educational development or performance.

Sexual Harassment: The term means unwelcome sexual, sex-based and/or gender-based advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature by an employee, by another student, or by a third party and that a reasonable person would determine is "so severe, pervasive, and objectively offensive" that if effectively denies a person equal access to education.

Sex Discrimination: The term means 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 FLCC College campus or whether it occurs during work hours. Sex discrimination can be carried out by other students, college employees, or third parties. All acts of sex discrimination, including sexual harassment and sexual violence, are prohibited.

Sexual Assault: The term means a physical sexual act or acts committed against another person without consent. Rape is an extreme form of sexual harassment and will fall under the Title IX Grievance Policy when it meets the jurisdictional requirements. Sexual assault includes what is commonly known as "rape" (including what is commonly called "date rape" and "acquaintance rape"), statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.

Sexual Violence: The term means physical sexual acts perpetrated against a person's will or perpetrated where a person is incapable of giving consent. 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 will fall under the Title IX Grievance Policy when it meets the jurisdictional requirements.

Dating Violence: The term means any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim's statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. Dating violence will fall under the Title IX Grievance Policy when it meets the jurisdictional requirements. This definition does not include acts covered under domestic violence.

Domestic Violence: The term means any violent crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner. Domestic Violence will fall under the Title IX Grievance Policy when it meets the jurisdictional requirements.

Stalking: The term means 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 cause that person to suffer substantial emotional damage. Examples include, but are not limited to, two or more acts by which the stalker directly, indirectly, or through third parties follows, monitors, observes, surveils, threatens, or communicates about a person or interferes with his or her property. Stalking will fall under the Title IX Grievance Policy when it meets the jurisdictional requirements.

Sexual Misconduct: The term means sexual harassment or sexual violence and encompasses a wide range of behaviors. Sexual Misconduct includes but is not limited to sexual assault, intimate partner violence, stalking of a sexual nature, any conduct of a sexual nature that is nonconsensual, has the effect of threatening or intimidating another and some categories of sex/gender discrimination. Sexual Misconduct may also fall under the Title IX Grievance Policy or the Non-Discrimination and Sexual Harassment Response and Prevention Policy when it meets the jurisdictional requirements.

Gender Identity: The term refers to an individual's internal sense of gender. A person's gender identity may be different from or the same as the person's gender assigned at birth.

Sex Assigned at Birth: The term refers to the gender designation recorded on an infant's birth certificate should such a record be provided at birth.

Transgender: The term describes those individuals whose gender identity is different from the gender they were assigned at birth. A transgender male is someone who identifies as male but was assigned the gender of female at birth; a transgender female is someone who identifies as female but was assigned the gender of male at birth.

Gender Transition: The term refers to the process in which individuals begin to live and identify as the gender consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration of time.

Authority for the administration, oversight, implementation, and regular review of the Code is delegated from the College President through the Provost/Vice President of Academic and Student Affairs, to the Associate Vice President of Student Affairs and the Director of Community Standards & Counseling.

Conduct officers in this process include, but are not limited to, the Director of Community Standards and Counseling, the Director of Housing and Residential Life, the Assistant Director of Housing and Residential Life, the Resident Director, and trained Student Affairs staff members. Appellate officers and bodies typically include, but are not limited to, the Associate Vice President of Student Affairs, the Provost/Vice President of Academic and Student Affairs, Conduct Board members (faculty, staff, and students). Other officers and/or boards may be established, and approved by the College President as necessitated by the particular facets of each event and the staffing necessary to adequately complete the processes. If at any time there is a vacancy with one of the hearing officers, the position's supervisor will assume the role for the consistency of the process.

Statement of Jurisdiction

This Code applies to all students of Finger Lakes Community College. The Code outlines prohibited misconduct on college premises (buildings or grounds owned, leased, operated, controlled, or supervised by the college) and all online learning, coaching and tutoring platforms and Office 356. The College may address and take action based on conduct occurring off campus when the behavior or the presence of the individual, in the College's sole judgment, adversely affects the campus community, damages the reputation of the institution or impairs, obstructs, or interferes with the interests and/or mission, processes, or functions of Finger Lakes Community College.

Students and/or student groups/organizations are subject to this Code beginning at the time they register for their first class. The Code applies to students and/or student groups/organizations during academic terms for which they are enrolled, during breaks between terms for which they are registered (including summer), during college holidays and vacations.

If a student and/or student groups/organizations breaks a law that also violates the Code, that student and/or student groups/organizations may be held accountable by both civil authorities and the College. The college may, at its sole discretion, elect to pursue action against the student and/or student groups/organizations at the same time as criminal proceedings, even if criminal charges involving the same incident are not complete, have been dismissed, or were reduced.

Students and/or student groups/organizations are responsible for the behavior of their guests. A guest is any person who is not currently enrolled at the College whose purpose on college property is entirely, or in part, to make contact with a student(s). Students and/or student groups/organizations must accompany their guests at all times while on college property. Conduct of a guest which violates any part of college policy may result in the guest's immediate removal from college property and being banned from returning to college property in the future. In addition, conduct of a guest which violates any college policy may be considered a violation by the student(s) and/or student groups/organizations and result in college conduct processes and sanctions for the student(s) and/or student groups/organizations.

Academic Grievances will follow those procedures as outlined in the Academic Grievance Policy (see FLCC Academic Grievance Policy for details) except in those cases where the complaint comes forward indicating that the grade determination was based on a protected class concern. Those cases would follow the FLCC Student Code of Conduct, the Non-Discrimination and Sexual Harassment Response and Prevention Policy, or the FLCC Title IX Grievance Policy.

Standard of Evidence

The standard of evidence used to determine responsibility is a preponderance of evidence, which means more likely than not. This burden of proof is different than beyond a reasonable doubt, which is a more stringent standard that is applicable to criminal procedures. The technical rules of evidence used in civil and criminal proceedings do not apply to the Student Code of Conduct standards of evidence policy. The Code shall be reviewed annually under the direction of the Director of Community Standards & Counseling and the AVP of Student Affairs. Regulations governing student conduct shall be approved by the FLCC Board of Trustees.

Right to a Hearing

The Responding and Reporting Party has the right to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations that include but is not limited to, 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 adjudication of complaints is typically done by a single hearing officer that conducts the investigation and hearing.

Violations occurring in The Suites at Laker Landing may be adjudicated by professional staff of FLCC Association Housing, Inc. No unauthorized audio or video recording of any kind is permitted during investigation meetings, conduct process proceedings, and hearings. The college records these processes as part of the record keeping requirements for student records.

Right to Witnesses and Evidence

The Responding party and the Reporting party have the right to present evidence and witness testimony at a hearing, where appropriate. The conduct officer shall determine how many and who can testify as a witness in a hearing. The Responding and Reporting party have the right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by the College). This may include testimony, statements, photographs, and other evidence which is deemed relevant by the conduct officer.

Right to Not Respond

The Responding party, Reporting party, and witness(es) have the right during a hearing and/or investigation and, to not respond to questioning during the process. If a party elects not to participate in all or some of the process, the investigation will proceed without the benefit of information that party could share and the choice will be noted by the conduct officer in the case file.

Right to an Advisor

In accordance with Due Process Rights, the Responding party and Reporting party have the right to an advisor to be with them during the investigation process and/or hearing. The advisor can be someone of the student's choosing who is affiliated with the Institution, which may be a faculty, staff, or student. Non-FLCC affiliated advisors may be allowed at the sole discretion of the conduct officer. The role of the advisor is to be supportive and give consultations to the student. The advisor may not ask/answer questions or make comments during the investigation and hearing process. Breaks will be permitted for the student and advisor to confer in private on an as needed basis. Only in Sexual Misconduct cases may an advisor be an attorney. [Specific overview of the advisor role is outlined in Appendix section of this document.]

Right to Appeal

All students found responsible and sanctioned with more than a warning are eligible to file a request to appeal the decision and/or the sanctions.

Right to Extension

All students have the right to an extension of deadlines for grievances and appeals when just cause has been determined and is warranted by the Director of Community Standards & Counseling, Associate Vice President of Student Affairs, Vice President of Academic & Student Affairs, and the Civil Rights Compliance Officer.

Accommodation of Disabilities

Finger Lakes Community College is committed to full compliance with the Americans With Disabilities Act of 1990, the ADA Amendments Act of 2008 (ADAAA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and ADAAA, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity. The ADAAA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking or caring for oneself. This includes major bodily functions, including, but not limited to, functions of the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Chief Human Resources Officer has been designated as the ADA/504 Coordinator responsible for coordinating efforts to comply with these disability laws, including investigation of any allegation of noncompliance, or designation of an investigator.

Students with Disabilities

Finger Lakes Community College is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of the College.

All accommodations are made on a case-by-case basis. A student requesting any accommodation should first contact the Disability Services Coordinator. The Disability Services Coordinator reviews documentation provided by the student and, in consultation with the student, via an interactive process, determines which academic adjustments/accommodations are appropriate to the student's particular needs and academic programs.

Academic Dishonesty

Academic dishonesty, such as cheating and plagiarism is prohibited. The term "cheating" includes, but is not limited to: a) use of any unauthorized assistance in taking quizzes, tests, or examinations beyond those authorized by the instructor in any assignment/examination, b) preparing reports, solving problems, or carrying out other assignments for another student, c) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; or d) aiding and/or abetting another student for the purpose of cheating.

The term "plagiarism" includes, but is not limited to, the use by paraphrase or direct quotation of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in selling of papers or other academic materials. These definitions, examples, and prohibition of academic dishonesty apply equally to all FLCC classes, whether online, at a campus center, or through any other method(s) of delivery.

Academic dishonesty will not be tolerated by Finger Lakes Community College. Faculty/instructors may impose a mandatory minimum penalty upon a student found to have committed a violation. Action for violations of academic dishonesty will be determined by the instructor. The consequences for such violations may range from a warning to receiving an "F" in the course. Students who have been assigned a grade of "F" for academic dishonesty will not be permitted to change that grade by withdrawing from the course. Instances of academic dishonesty may also be referred to the Office of Community Standards and Counseling at the faculty member's discretion. Students charged with violating this section of the Code will have their academic file reviewed via the Registrar's Office to verify any past academic dishonesty occurrences.

Alcohol Policy

The College is concerned with the use and abuse of alcohol, as it is with other drugs. The following guidelines apply for the FLCC alcohol policy:

1. The use of alcoholic beverages is prohibited, regardless of age;
2. The possession of alcoholic beverages, regardless of age;
3. Hosting a party where alcoholic beverages were served;
4. Manufacturing of alcoholic beverages;
5. Distribution of alcoholic beverages.

Complicity/Failure to Separate:

Conspiracy to commit, solicitation of another to commit, aiding and/or abetting the commission of, attempting to commit, or failure to separate oneself from others engaged in any conduct which is prohibited under the Code.

Discrimination:

Discrimination and/or unequal treatment of an individual on the basis of race, color, ethnicity, national origin, religion, creed, age, disability, sex, gender identity, gender expression, sexual orientation, status of being transgender, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction is prohibited. [Refer to the Non-Discrimination section for addition information.]

Dishonest Conduct:

Dishonest conduct, including but not limited to, knowingly reporting a false emergency, knowingly making false accusation of misconduct, misuse or falsification of College or related documents by actions such as forgery, alteration or improper transfer of documents, or submission of information known by the submitter to be false to a College official.

Disorderly Conduct:

Disorderly Conduct, including but not limited to, disorderly, lewd, or indecent behavior; breach of peace; intentionally interfering with College operations; aiding, abetting or procuring another person to breach the peace on college premises or at functions sponsored by or participated in by the College or members of the academic community.

Drug Policy:

Students may not use, possess, distribute or be knowingly in the presence of cannabis, tetrahydrocannabinol derivatives, narcotics, or other controlled or illegal/unlawful drugs. The following guidelines apply to the FLCC drug policy:

1. Use of illegal drugs or unlawful controlled substance;
2. Possession of illegal drugs or unlawful controlled substance;
3. Hosting a party where illegal drugs or unlawful controlled substance were found;
4. Manufacturing of illegal drugs;
5. Distribution of illegal drugs and/or unlawful controlled substance.

Use or possession of marijuana, or its derivatives, including medical marijuana used or possessed under New York State Compassionate Care Art, is strictly prohibited on college property. Federal laws (including the Controlled Substances Act and the Drug Free Schools and Communities Act) prohibit marijuana use, possession and/or personal cultivation at educational institutions.

Failure to Comply:

Failure to comply with any lawful order or directive of any college official acting pursuant to their duties is prohibited.

False Alarms/Tampering:

False alarms or reports are prohibited. Intentional initiation of any false report, warning, threat of fire, threat of explosion, or other emergencies is prohibited. Other examples of prohibited behavior include, but are not limited to, tampering with, impairing, disabling or misusing fire protection systems such as detectors, sprinklers, alarms, and extinguishers and emergency aid supports such as AED machines and NARCAN.

Gambling or solicitation on campus:

Students and/or student groups/organizations may not use college property for any activity prohibited by federal, state, local law or the Code. Solicitation or the use of college facilities or resources for any personal gain or profit is prohibited. Examples of prohibited behavior include, but are not limited to, engaging in any nature of business for personal benefit on College property or using college resources, and/or gambling on college property. Student athletes should be aware that the Department of Athletics and the NJCAA provide additional restrictions, guidelines, and sanctions related to gambling. Students may contact the Director of Athletics for more information about these policies.

Hazing:

Hazing, defined as intentionally or recklessly subjecting any person to the risk of bodily harm or severe emotional distress, subjecting a person to treatment intended to put that person in a humiliating or disconcerting position, or causing or encouraging any person to commit an act that would be a violation of law or college policies for the purpose of initiating, promoting, fostering, or confirming any form of affiliation with any group, including, but not limited to, student organizations, student groups or athletic teams on College-owned or operated property or at College-sponsored activities is prohibited.

Disrupting of College Function(s):

Intentionally interfering, obstructing or disrupting with College operations, college functions, aiding, abetting, or procuring another person to breach the peace on college premises or at functions sponsored by, or participated in by the College or members of the academic community.

Non-Consensual Pornography:

Unauthorized sharing of sexually intimate images to cause harm to the emotional, financial or physical welfare of another person with the intentional dissemination or publishing of still or video images. (AKA Revenge Porn or Sextortion) This can also include the viewing of pornographic images, chats, etc. with minors or other violations of the NYS or Federal regulations around viewing or distributing pornographic material.

Possession or Use of Weapons:

Possession of firearms, explosives, other weapons, weapon replicas or dangerous chemicals on college premises or use of any item, even if legally possessed, in a manner that harms, threatens or causes fear to others is prohibited. A weapon is defined as any instrument, device, or object capable of inflicting physical harm or death and designed, specifically adapted for use as a weapon, or possessed, carried, or used as a weapon.

Sexual Misconduct:

Sexual misconduct can be defined as unwanted behavior of a sexual nature including but not limited to, sexual assault, sexual harassment, sexual violence, dating violence, domestic violence, stalking of a sexual nature, or any conduct of a sexual nature that is nonconsensual, or has the effect of threatening or intimidating another.

Student Computer Use Policy:

Access to computing resources is granted to members of the college community for use in their academic work, with the understanding that such access is a privilege and carries with it certain responsibilities. Users of college computing resources including the college network agree to adhere to the requirements of the Student Computer Use Policy and Responsible Network Use Policy; to review policies, please visit www.flcc.edu/offices/it/guides.cfm.

Copyright and Peer to Peer File Sharing

The policies above specifically prohibit peer to peer file sharing and use of college resources to violate copyright or other laws. In addition, the College conforms to federal laws requiring it to monitor these abuses.

In accordance with the DMCA (Digital Millennium Copyright Act), College policy also forbids the unauthorized copying, distribution, downloading, and uploading of copyrighted materials on any device utilizing the College network or computing resources. These materials include, but are not limited to, text (including e-mails and web information), graphics, art, photographs, music, film and software.

Additional examples of prohibited behavior include, but are not limited to:

1. Violation of software copyrights, license agreements, or trade secrets;
2. Unauthorized copying of computer software that is owned or licensed to the College
3. Unauthorized transfer of a file;
4. Use of computing resources to interfere with the work of another student, faculty member, or college official;
5. Unauthorized entry into a file to use, read, or change the contents, or for any purpose;
6. Unauthorized access to, use of, or control of computing resources including circumvention of computing system safeguards;
7. Unauthorized use of another individual's identification or password;
8. Use of computing resources to interfere with normal operation of the college computing system or education process;
9. Use of computing facilities to send and/or receive obscene, pornographic or abusive messages/materials;
10. Willful introduction of a virus or other destructive program into the college computing environment;
11. Activities for personal financial gain except as provided for by other college policy.

Violations of these regulations may result in the loss of network access privileges in addition to conduct sanctions as prescribed by the Code (including, but not limited to, restitution, conduct probation, suspension, and conduct dismissal from the College).

Theft and/or Damage:

Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus is prohibited. Examples include, but are not limited to, theft of any property of the College, FLCC College Association, member of the college community, college partner, or college-affiliated business or internship/practicum site, possession of property known to be stolen, and any form of identity theft or misrepresentation.

1. Attempted or actual theft of property
2. Attempted or actual damage to property
   

Physical or Threatening Conduct

Conduct which is found to endanger the health or safety of any person including, but not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, coercion, bullying, and other conduct which is found to threaten or endanger the health and safety of other person(s).

Unauthorized Use of Access Devices:

The unauthorized use, distribution, duplication, or possession of any access device including key(s) or card(s) issued for any college building, laboratory, facility, or room is prohibited.

Violation of College Policies:

Non-compliance with any College Policy, Procedure, or Regulation including but not limited to: Parking and Traffic Regulations, Signs, Posters and Banners, and Political Canvassing Procedures, Student Computer Use Policy, or Social Distancing Protocols (this list is not all-inclusive).

Violating College Requirements or Public Health Orders:

Conduct which violates College or Public Health orders in place to reduce the risk of spreading infectious disease including but not limited to:

1. Failing to follow any and all applicable federal, state, and/or local public health orders. If multiple orders apply or in the event of conflict between or among them, students are required to follow the most restrictive public health order.
2. Failing to follow College policies, procedures, and any other requirements in place to help reduce the risk of contracting or spreading infectious diseases.
3. To the extent consistent with College policy, failing to comply with any additional or more specific actions required by a campus department, unit, or building supervisor, to limit the spread of infectious disease, while participating in a program or activity, utilizing a service or benefit, or using College facilities.
4. Failing to abide by face covering requirements. If College policy, procedures, or other requirements and/or public health orders require wearing face coverings, students are required to wear face coverings that cover the nose and mouth whenever indoors on campus and whenever outdoors on campus when physical distancing of six feet or more is not possible. This does not apply to: (1) offices when used only by one student with a closed door; (2) private living spaces such as the interior of a residence hall room and bathroom, but not including communal living spaces that are accessible to all students in a building such as shared kitchens, lounges, or bathrooms; or (3) when a specific activity the student is participating in cannot be reasonably done while wearing a face covering with this exception applying only as long as the duration of the activity, including but not limited to while eating in the College's Café areas.
5. Failing to abide by gathering requirements. All on campus gatherings, public or private, must comply with applicable College policy, procedure, or other requirements and the most restrictive public health order in place. All off campus gatherings, public or private, must comply with the most restrictive public health order in place. For example, if specific capacity or density limitations or guidelines are in place, student must abide by those parameters.

Violation of Law:

Conduct, which violates any federal, state, or local law, is prohibited. The College will review any conduct reported by members of the college community, law enforcement personnel, or citizens as being in violation of the law. If in review, the College determines, in its sole judgment, that the alleged conduct violates college policy or the Code, appropriate conduct action will be taken.

Any person (a Reporting party) may file a complaint (online Incident Reporting Form) alleging a violation of the Code by a student. The complaint must be delivered to the Director of Community Standards and Counseling when evidence comes to light regarding the alleged violation. Following receipt of a complaint, the Director of Community Standards and Counseling (or designee) will evaluate whether the complaint has merit. Outcome of a complaint will not be shared with the Reporting Party for confidentiality purposes and FERPA restrictions.

Any student found to be or to have been engaged in prohibited conduct is subject to the student conduct process and possible conduct sanctions including, but not limited to, those outlined within Sanctions section of this document. The severity of the offense, prior conduct history, and other relevant circumstances will be considered in determining the appropriate conduct action(s). Even a single act, if sufficiently severe, may warrant a student's suspension or dismissal from FLCC regardless of whether prior sanctions have been assigned.

More than one sanction may be imposed for a single violation. A single act may constitute a violation of more than one standard. Being under the influence of drugs or alcohol will not diminish or excuse a violation of the Code.

A student who has been charged with a violation of the Code and who withdraws from the College or stops attending before the conduct process is completed will be required to complete the conduct process upon re-entry to the College and prior to subsequent registration. Students pre-enrolled for upcoming semesters may have their schedules deleted.

Statement on Sexual Misconduct

Finger Lakes Community College is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation is prohibited and will not be tolerated. Specifically, FLCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims. They not only violate a person's feelings of trust and safety, but they can also substantially interfere with a student's education. It is the policy of FLCC that, upon learning of an alleged act of sexual misconduct, immediate action will be taken to address the situation and punish the perpetrator(s) where appropriate. This may include working with campus, State and local law enforcement to bring possible criminal charges, seeking student conduct action, and adding permanent transcript notifications so other institutions are on notice of the offense(s) committed, where appropriate.

FLCC encourages prompt and accurate reporting of sexual misconduct. This allows the college community to quickly offer immediate support to the involved parties and respond to allegations. FLCC is committed to protecting the privacy of victims/reporting individuals whenever possible and will work closely with students who wish to obtain private or semi-confidential assistance regarding an incident of sexual misconduct. All allegations will be investigated promptly and thoroughly, and both the victim(s)/reporting individual(s) and the accused/respondent(s) will be afforded equitable due process rights during the college investigative process.

It is the collective responsibility of all members of the FLCC community to foster a safe and secure campus environment. In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the college engages in ongoing prevention and awareness education programs. All incoming students, student leaders and students participating on intercollegiate athletic teams and employees associated with the process are required to participate in these programs on an annual basis, and all members of the college community are encouraged to participate throughout the year in ongoing campaigns and trainings focused on the prevention of sexual misconduct on campus.

Students' Bill of Rights

The State University of New York and Finger Lakes Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus or while studying abroad.

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 institutional representatives as practicable and not to be required to unnecessarily repeat the description of the incident;
8. Be free from retaliation by the institution, the accused 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, 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 investigation, criminal justice, or judicial or conduct process to the institution.

Reporting Discrimination or Sexual Harassment

Reports of discrimination, harassment (including sexual harassment) and/or retaliation may be made using the following options:

1. Individuals may report directly to a Civil Rights Compliance Officer (CRCO), Title IX Coordinator, Deputy Title IX Coordinator, or Title IX Investigator verbally or by submitting in writing a Discrimination/Sexual Harassment Complaint.
2. Employees may report any situation to their supervisor. Students may also make reports to employees.
3. Submitting a complaint to external governmental agencies or courts as described in "Legal Protections & External Remedies" on page 30 and in the Non-Discrimination and Sexual Harassment Response and Prevention Policy.
4. If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, or other extreme conduct that may constitute a crime, employees or students may also report to campus police or local law enforcement.

Complaints may be made verbally or by submitting in writing a Discrimination/Sexual Harassment Complaint. All reports and complaints shall be acted upon promptly while making every effort to preserve the privacy of the reports, and the due process rights of all parties. Additionally, all employees of the College are designated as Responsible Employees and are required to share a report with the CRCO/ Title IX Coordinator or a Deputy Title IX Coordinator promptly. Confidentiality and mandated reporting is addressed more specifically below. Reports of alleged misconduct or discrimination by a Title IX official should be reported to the CRCO and/or College President. Reports of alleged misconduct or discrimination by the President should be reported to the CRCO who will inform the Board of Trustees.

Discriminatory Harassment

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. The College is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The College explicitly prohibits any form of harassment, defined as unwelcomed conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community.

Harassment constitutes a form of discrimination that is prohibited by any College policy as well as the law. The College will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by law.

A hostile environment may be created by harassing verbal, written, graphic, or physical conduct based on a protected characteristic that is more serious than petty slights or inconveniences. When harassment rises to the level of creating a hostile environment, the College may impose sanctions on the harasser through application of the Investigation Resolution Process or the Student Conduct Process.

There may be times when offensive conduct is perceived yet does not rise to the level of creating a hostile environment, or is of a generic nature not on the basis of a protected status. The College will consider action geared toward addressing the reporting party's concerns.

For assistance with conflict resolution techniques, employees should contact the CRCO, Deputy Title IX Coordinator or Chief Diversity Officer and students should contact the Director of Community Standards and Counseling or designee.

Inquiries regarding the application of Civil Rights may be directed to:

FLCC Deputy Title IX Coordinators:
Sarah Whiffen
Associate Vice President of Student Affairs
Room 2153
585-785-1284
Sarah.Whiffen@flcc.edu

Inquiries may also be directed to:

United States Department of Education's Office of Civil Rights
32 Old Slip 26th Floor
New York, NY 10005-2500
646- 428-3800
ocr.newyork@ed.gov

NYS Division of Human Rights Offices
One Monroe Avenue, Suite 308
Rochester, NY 14607
585-238-8250
InfoRochester@dhr.ny.gov

Office for Civil Rights (OCR), U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline: 800-421-3481
Facsimile: 202-453-6012
TDD#: 877-521-2172
OCR@ed.gov

Equal Employment Opportunity Commission (EEOC)
EEOC Field Office
6 Fountain Plaza, Suite 350
Buffalo, NY 14202
716-551-4441

Jurisdiction

This policy applies to behaviors that take place on the campus, at College-sponsored events and may also apply off-campus and to actions online when the CRCO or a Deputy Title IX Coordinator determines that the off-campus conduct affects a substantial College interest. Off-campus jurisdiction applies when the behavior occurs in programs / events the College sponsors or when the downstream effects of purely off-campus conduct cause a discriminatory impact on campus, or it is foreseeable it could cause a discriminatory impact; but will not preclude an individual's rights under N.Y. Labor Law 201-d. A substantial College interest is defined to include:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state or federal law;
2. Any situation where it appears that the responding party may present a danger or threat to the health or safety of self or others;
3. Any situation that significantly impinges upon the rights, property or achievements of others or significantly breaches the peace and/or causes social disorder; and/or
4. Any situation that is detrimental to the educational interests of the College.
   

Applicable Scope

Finger Lakes Community College affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All processes below are subject to resolution using the FLCC's Investigation Resolution Process (IRP), as outlined in the Non-Discrimination and Sexual Harassment Response and Prevention Policy when a College employee is the Responding Party.

When the Responding Party is an employee of the College, the IRP is applicable regardless of the status of the Reporting Party who may be a member or non-member of the campus community, including students, student organizations, faculty, administrators, staff, guests, or visitors.

Civil Right Compliance Officer (CRCO)

The Chief Human Resources Officer serves as the College's CRCO and Title IX Coordinator. The Associate Vice President of Student Affairs and the Human Resources Compliance Coordinator serve as the Deputy Title IX Coordinators. The Director of Community Standards and Counseling, or designee serves as an Investigator. In addition to the CRCO, the Co-Coordinators and Investigator have the responsibility to receive civil rights reports and complaints of discrimination and sexual harassment. The CRCO, Co-Coordinators oversee implementation of the College's Non- Discrimination and Sexual Harassment Response and Prevention Policy and the Title IX Grievance Policy. The Deputy Title IX Coordinators / Investigators act with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by a Deputy Title IX Coordinator / Investigator, contact the Civil Rights Compliance Officer and/or the College President. To raise concerns regarding a potential conflict of interest with any other administrator involved in the investigation or resolution process, please contact a Deputy Title IX Coordinator.

Reporting Requirements under Title IX and the Student Code of Conduct

All College employees (faculty, staff, and administrators) are obligated as Responsible Employees to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions.

A Responsible Employee is any employee who has the authority to take action to redress harassment, who has the duty to report discrimination or harassment to appropriate College officials, or an individual who a student could reasonably believe has this authority or responsibility. In short, this is most employees, though there are some limited exceptions for reporting responsibilities.

All College employees (faculty, staff, and administrators) are expected as Responsible Employees to report actual or suspected discrimination or harassment to the Title IX Coordinator / Deputy Title IX Coordinator/ Investigator or the Civil Rights Compliance Officer (CRCO) immediately. This includes the reporting student'(s) or employee'(s) name (known as the "Reporting Party"), name of accused (known as the "Responding Party"), approximate date/time/location of incident if known, how information was shared with you (i.e. personal conversation, written, etc). Based on the report, the Reporting Party will be contacted by one of the Title IX officials. The Reporting Party does not have to participate in the process (informal or formal), but that does not preclude the Responsible Employee from making the report. Some College employees may maintain the confidence of the reporting party if requested, i.e. registered nurses in Student Health (Confidential Employees). They are permitted to offer options and advice without any obligation to inform an outside agency or campus official unless a reporting party has requested the information to be shared.

Student Services Counselors in the Office of Community Standards and Counseling, the EOP Counselors and Director, and Campus Center Administrators are considered Semi-Confidential Employees and are required to report the incident but may withhold personal identifying information if requested by the reporting party.

Some activities may be exempt from a Responsible Employee's obligation to report. Generally, climate surveys, classroom writing assignments or discussions, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to a Title IX official by employees, unless the reporting party clearly indicates that they wish a report to be made.

In cases indicating pattern (repeated reports or behaviors), predation, threat, weapons and/or violence, the College will likely be unable to honor a request for confidentiality. In cases where the reporting party requests confidentiality and the circumstances allow the College to honor that request, the College will offer interim supports and remedies to the reporting party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have allegations taken seriously by the College when reported, and to have those incidents investigated and properly resolved through these procedures. The College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices. If the College determines that it can respect a Reporting Party's request for confidentiality, the College will also take immediate action as necessary to offer and provide supportive measures to the Reporting Party. The College will assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While victims/survivors/reporting individuals may request accommodations through several College offices, the following office can serve as a primary point of contact to assist with these measures - Community Standards and Counseling Office, 585-785-1211, Room 1125. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify the reporting party or the situation disclosed.

Confidential Reporting for Students

Students who wish to report an incident to an on campus confidential source, may speak with Student Health Services.

Confidential Employees:
Janette Aruck R.N.,
Director of Student Health Services
585-785-1298
Janette Aruck@flcc.edu

Student Health Services
Room 3260
585-785-1297
(Services free to students)

If victim/survivor/reporting individual wishes to keep his/her identity confidential, they may anonymously discuss the situation and available options with a Student Health Center licensed personnel. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is not available (contact your health care provider or the resources listed below)

A student or employee wishing to report an incident confidentially and obtain services from the New York State, New York City, or county hotlines. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages (1-800-942-6906).

Assistance can also be obtained through:

• Legal Momentum
• NYSCASA
• NYSCADV
• Pandora's Project
• RAINN
• Safe Horizons
• Safe Harbors of the Finger Lakes Hotlines: Seneca & Ontario Counties: 800-247-7273; Yates County: 315-536-2897
• Victim's Resource Center of the Finger Lakes Hotline: 866-343-8808.
• FF Thompson Hospital emergency room-Sexual Assault Nurse Examiner (SANE) available 24 hours/day. 350 Parrish St., Canandaigua, NY 14424. 585-396-6000
• Newark-Wayne Community Hospital has a SANE nurse on call (not always in the hospital). Students should go to the emergency room, and the staff will contact the SANE nurse, as well as offer the student an advocate from the Wayne county Victim Resource Center. 1200 Driving Park Ave., Newark, NY 14513. 315-332-2022
• More resources can also be found at http://nyscasa.org or https://www.suny.edu/violence-response
• All of the above-listed individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor.

(Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Reporting individuals are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases).

Additional Resources

• Geneva Community Health, 601 W. Washington St., Geneva, NY (sliding scale fee is available & Ontario County subsidy if qualify). Call 315-781-8448. Visit: https://www.localcommunityhealth.com/geneva-community-health-v2/
• Planned Parenthood of the Rochester/Syracuse region (financial assistance is available). Call 1-866-600-6886. Visit: http://www.plannedparenthood.org/health-center
• Rushville Health Center, 2 Rubin Drive, Rushville, NY (sliding scale fee is available & Ontario County subsidy if qualify). Call 585-554-6824. Visit: http://rpcn.org
• Other applicable available on- and off-campus centers and services, and their addresses, phone numbers, and web sites can be found at: https://www.localcommunityhealth.com/location-map and http://rpcn.org.

Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: https://ovs.ny.gov/victim-compensation, or by calling 1-800-247-8035. Options are explained here: https://ovs.ny.gov/ovs-services. To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.

Semi-Confidential Options for Students

There are some professionals on campus who are denoted as semi-confidential for students. These individuals are not required to reveal personally identifiable information about a victim/survivor to the CRCO, Deputy Title IX Coordinator, or anyone else on campus. They are required to report aggregate data to a CRCO, Deputy Title IX Coordinator, including nature, date, time, and general location of the incident. These individuals include Student Services Counselors, EOP counselor, Assistant Director of Academic Success and Access Programs and the Campus Center Administrators at Wayne, Victor, and Geneva.

Semi-Confidential Employees

Teresa Daddis
Student Services Counselor, Community Standards & Counseling
585-785-1455

Sherianne Buehler
Student Services Counselor, Community Standards & Counseling
585-785-1839

Laila Pailiotti
Student Services Counselor, Community Standards & Counseling
585-785-1441

Lisa Thomas
Director of Academic Success & Access Programs
585-785-1390

Nicole Siegworth
EOP Academic Support Outreach Specialist
585-785-1637

Jeanine Eckenrode
Campus Center Director (Geneva)
315-789-6701 Ext. 6002

Donald Emirbayer
Campus Center Director (Victor)
585-785-1108

Deborah Corsner
Campus Center Director (Newark)
Phone: 315-331-9098 Ext. 6305

Need to know

A Responsible Employee who makes a report still affords privacy to the Reporting Party, as only a small group of officials who need to know will be informed. Information will be shared as necessary with investigators, witnesses and the Responding Party. The circle of people with this knowledge will be kept as tight as possible to preserve each party's rights and privacy.

Failure of a Responsible Employee, as described in this section, to report an incident or incidents of sexual harassment or discrimination based upon any protected category of which they become aware is a violation of College policy and such Responsible Person may be subject to disciplinary action for failure to comply.

Finger Lakes Community College does not discriminate against any employee, applicant for employment, intern (paid or unpaid), contractor, student, or applicant for admission based on an individual's race, color, national origin, religion, creed, age, disability, sex, gender identification, gender expression, sexual orientation, self-identified or perceived sex, the status of being transgender, familial status, pregnancy, predisposing genetic characteristics, military status, veteran status, domestic violence victim status, criminal conviction or any other category protected by law. The College adheres to all federal and state laws prohibiting discrimination and sexual harassment in public institutions of higher education.

The College prohibits conduct by any employee or a student that disrupts or interferes with another's work performance or educational experience, or that creates an intimidating, offensive, or hostile work or educational environment due to discrimination based on protected status or sexual harassment. In keeping with this goal, the College is committed to educate employees in the recognition and prevention of workplace and educational discrimination and sexual harassment. Improper conduct may violate the College's policy when it is more serious than petty slights or inconveniences.

Discrimination of Students on the Basis of Pregnancy, Childbirth and Related Conditions

Absences due to medical conditions related to pregnancy, childbirth, and related conditions must be excused for as long as medically necessary and the student must be given the opportunity to make up missed work, with the goal of having the student graduate on time, if possible and if desired by the student. Professors and administrators should not direct, tell or advise students that they have to drop out of their classes or programs or change their educational plans due to their pregnancies or related conditions. Finger Lakes Community College cannot terminate or reduce athletic, merit or need-based scholarships based on pregnancy. These rules supersede any school-or-instructor-based attendance or other policies regarding allowable numbers of absences or ability to make up missed schoolwork.

1. Within five business days from the start of the absence, the student will notify, in writing, her faculty member(s) of absences that will or did occur due to pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery there from. NOTE: If a student indicates, in any manner either formally or informally, that she is having difficulty because of a pregnancy, childbirth, and/or related condition the instructor/administrator should communicate to the AVP of Instruction immediately. The AVP of Instruction will then notify the student about the appropriate course of action.
2. The instructor will forward this communication to the AVP of Instruction. The AVP of Instruction will then communicate with the student to have a Medical Release Form submitted within ten business days of receipt of the form. This form will indicate the amount of time she is excused from class.
3. The AVP of Instruction will advise the student's instructors with information on the student's expected return.
4. Instructors will provide a plan for the AVP of Instruction on an individual basis to ensure compliance for each student. The plan must include:
   1. The amount of time the student has to complete the work. The amount of time can be no less than the amount of time the student was medically excused.
   2. The specific work that the student must complete.

A decision on whether a grade of "Incomplete" should be given as opposed to an "F" if there is not enough time before the end of the course for her to complete the work assigned will be reviewed.

Statement on Gender Identity

Finger Lakes Community College will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities. The College treats a student's gender identity as the student's sex. This means that a school must not treat a transgender student differently from the way it treats other students. The College's interpretation is consistent with courts' of law and other agencies' interpretations of State and Federal laws prohibiting sex discrimination.

The College interprets that when a student or the student's parent or guardian, as appropriate, notifies the school administration that the student will assert a gender identity that differs from previous representations or records, the school will begin treating the student consistent with the student's gender identity. There is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity. Because transgender students often are unable to obtain identification documents that reflect their gender identity (e.g., due to restrictions imposed by state or local law in their place of birth or residence), requiring students to produce such identification documents in order to treat them consistent with their gender identity may have the practical effect of limiting or denying students equal access to an educational program or activity.

The College works to ensure non-discrimination on the basis of sex and to have the College provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns. As is consistently recognized in civil rights cases, the desire to accommodate others' discomfort cannot justify a policy that singles out and disadvantages a particular class of students.

Applicability of Policy* — Non-Discrimination Policy

This policy applies to all employees, applicants for employment, interns (paid or unpaid), contractors and persons conducting business with the College, regardless of immigration status, students and applicants for admission. Students who are only employed with the College as student aides or work study, or who are interns inside and outside the College as a part of their course study, will be categorized as students.

*There will be instances of sexual harassment as defined by Title IX and its implementing regulations when a report of sexual harassment will be deferred to the College's Title IX policy. The final rule on Title IX threshold states that Title IX Grievance Policy should be applied when the sex-based conduct reported is severe AND pervasive AND objectively offensive. Quid pro quo harassment and Clery Act / VAWA offenses which also may fall under the Title IX Grievance Policy are NOT evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access because misconduct is sufficiently serious to deprive a person of equal educational access. Jurisdiction for Title IX is to address conduct that takes place in a school's education program or activity against a person in the United States. The Non-Discrimination Policy has expanded jurisdiction and a different threshold to establish sexual harassment and all forms of harassment or discrimination.

Complaint and Investigation Procedure

Any complaints made under this policy where the accused party is a student shall be promptly and thoroughly investigated in accordance with the procedures set forth in the Non-Discrimination and Sexual Harassment Response and Prevention Policy unless the conduct meets the definition of sexual harassment under the College's Title IX Grievance Policy, in which the case will follow the grievance procedures outlined in that policy. Complaints may be made verbally or by completing the Discrimination/Sexual Harassment Complaint Form found in the Non-Discrimination and Sexual Harassment Response and Prevention Policy. If a student is the accused Responding Party, complaints shall be resolved under the procedures described in the FLCC Student Code of Conduct or the College's Title IX Grievance Policy.

Prohibition Against Retaliation

Retaliation against any individual covered by this policy who, in good faith, brings a written or verbal complaint of discrimination or sexual harassment or who assists, participates, or testifies in any investigation or proceeding related to such complaint, regardless of whether or not the alleged harassment rises to the level of a violation of this policy or the law, is strictly prohibited. Such retaliation is unlawful under federal, state, and (where applicable) local law, and FLCC will not tolerate or permit adverse treatment of individuals because they report discrimination or sexual harassment or provide information related to such complaints. Adverse treatment includes being discharged, disciplined, discriminated against, or any action that could discourage an individual from coming forward to make or support a claim of discrimination or sexual harassment. Participants who experience retaliation should contact the Deputy Title IX Coordinators or CRCO, and may file a complaint pursuant to the accompanying Procedures.

The New York State Human Rights Law protects any individual who has engaged in "protected activity." Protected activity occurs when a person has:

• Made a complaint of discrimination or sexual harassment, either internally or with any anti-discrimination agency;
• Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or other anti-discrimination law;
• Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
• Reported that another employee has been sexually harassed; or
• Encouraged a fellow employee to report harassment.

Any individual who participates in the procedure may do so without fear of retaliation. Violations of this prohibition may result in disciplinary action up to and including dismissal from employment or the institution. However, this retaliation provision is not intended to protect persons making intentionally false charges of discrimination or sexual harassment.

This policy places special attention on the prohibition of sexual harassment in the workplace and academic environment. Sexual harassment is a form of workplace discrimination that is unlawful under Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law which forbids harassment and discrimination in employment, housing, education, credit and access to public accommodations.

Sexual harassment is prohibited and will not be tolerated at FLCC. The College has implemented measures to address and prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects. Sexual harassment is considered a form of employee and student misconduct that may lead to disciplinary action up to and including termination or dismissal. Harassers may also be individually subject to liability. Employees at every level who engage in sexual harassment, including supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.

All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees and students can enforce this right by filing a complaint internally with the College in accordance with the attached Procedures: Sexual Harassment & Discrimination Prevention for Employees and Students, with a government agency, or in court under federal or state anti-discrimination laws as detailed in the attached Procedures under "Legal Protections & External Remedies." Conduct that meets the definition of sexual harassment under the Title IX Grievance Policy will be investigated and decided under that policy.

NYS Definition of Sexual Harassment

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic benefit; or
• Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the person rejecting or submitting to the conduct; or
• The conduct has the purpose or effect of unreasonably interfering with an affected person's work or academic performance, or creating an intimidating, hostile or offensive work or learning environment, even if the reporting individual is not the intended target of the sexual harassment.

A sexually harassing hostile environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature or which are directed at an individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone that are offensive or objectionable to the recipient, that cause the recipient discomfort or humiliation, and/or that interfere with the recipient's job or academic performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called "quid pro quo" harassment.

Title IX Definition of Sexual Harassment (parts of this definition may overlap NYS's definition).

Sexual Harassment under Title IX is now more narrowly defined to include (1) quid pro quo; (2) "unwelcome conduct" of a sexual nature that a reasonable person would find "so severe, pervasive, and objectively offensive" that it effectively denies someone equal access to an education program; or (3) sexual assault, dating violence, domestic violence or stalking.

The following Decision Tree will be followed to determine whether the allegations of sexual harassment should follow the Title IX Grievance Process:

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Note: This decision tree is intended to capture the most foreseeable routes that a matter may take, but it cannot cover every circumstance that may arise. Please consult with your campus counsel for specific circumstances and questions.

Examples of Sexual Harassment

(Some or all of these examples may fall under the College's Title IX Grievance Policy)

• Physical acts of a sexual nature, such as:
• Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person's body;
• Unwanted sexual advances or propositions, such as:
• Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks, jokes or comments about a person's sexuality or sexual experience, which create a hostile environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications, such as:
  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while in the workplace or classroom.
• Hostile actions taken against an individual because of that individual's sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender, such as:
  • Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform his or her job or academic duties;
  • Sabotaging an individual's work;
  • Bullying, yelling, name-calling.

For the purposes of the Title IX Grievance Policy, "covered sexual harassment" will follow the grievance procedures outside of this policy under the Title IX Grievance Policy, includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
   • Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship;
   • Requests for sexual favors accompanied by implied or overt threats concerning a target's job performance evaluation, a promotion or other job benefits or detriments, a favorable grade or academic opportunity, or other educational benefit or detriment;
2. Unwelcome conduct 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;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
• Rape, sexual battery, molestation or attempts to commit these assaults.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence 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.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which 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 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 NY.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning 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.
   

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct and/or Non-Discrimination and Sexual Harassment Prevention and Response Policy.

Such behavior can constitute sexual harassment regardless of the sex, gender, sexual orientation, self-identified or perceived sex, gender expression, status of being transgender, or gender identity of any of the persons involved. The law protects students, employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor. Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Federal Timely Warning Obligations

Parties reporting sexual misconduct should be aware that under the Clery Act, College administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The College will ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

False Allegations

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.

Parental Notification (allegations involving students)

The College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non- dependent, the College will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The College also reserves the right to designate which College officials have a need to know about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act.

Federal Statistical Reporting Obligations

Certain campus officials — those deemed Campus Security Authorities - have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus police regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student affairs, campus safety, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Records

In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by a Title IX Coordinator / Investigator electronically in accordance with record retention requirements while limiting access to the CRCO and Title IX Coordinator / Investigator.

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such codes generally.

Legal Protections and External Remedies

Discrimination and sexual harassment are not only prohibited by FLCC but are also prohibited by state, federal, and, where applicable, local law. Aside from FLCC's internal process, employees may also choose to pursue legal remedies with the governmental entity listed below.

New York State Division of Human Rights (DHR)

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, 290 et seq., applies to all employers in New York State with regard to discrimination and sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the HRL may be filed with either DHR or in New York State Supreme Court. Complaints with DHR may be filed, at no cost, any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination or sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to Ontario County does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination or sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination or sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the discrimination or harassment, or redress the damage caused, including monetary damages, attorney's fees and civil fines.
DHR's contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458; 718-741-8400. Contact DHR at 888-392- 3644 or visit dhr.ny.gov/complaint for more information about filing a complaint, to obtain a downloadable complaint form, or to obtain contact information for DHR's regional offices across New York State.

Supportive Measures

The College may implement initial remedial, responsive and/or protective actions upon notice of alleged harassment, retaliation and/or discrimination. Such actions could include but are not limited to: no contact orders, providing education, counseling and/or medical services, student
academic support, student living arrangement adjustments, student financial aid counseling, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources.

Finger Lakes Community College will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor upon a finding that they have engaged in harassing or discriminatory behavior or retaliation.

The College will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the College's ability to provide the accommodations or protective measures.

Conduct Procedures — (For All Prohibited Conduct Except Title IX, Sexual Misconduct, and Discrimination)*

*Note: procedures specific to Title IX may be found in the Title IX Grievance Policy; procedures specific to sexual misconduct and discrimination complaints may be found in the information above as well as in Appendix B.

Holds

A student who is charged with violating a section of the Code will have a hold placed on his/her account until their conduct conference occurs, and any resulting sanctions are completed. A student who has been charged with a violation of the Code of and who withdraws from the College or stops attending before the conduct process is completed will continue to have this hold on his/her account indefinitely, and will be required to complete the conduct process in order to re-enroll at the College.

Review Procedures for Interim Measures

For sanctions above a written warning, a student has the right to file a request for a review and shall be afforded a prompt review, reasonable under the circumstances, of the need for and terms of no contact orders, interim suspensions, and other interim measures, including potential modification, and shall be allowed to submit evidence in support of his or her request. In the case of no contact orders, the institution may establish an appropriate schedule for students to access applicable institution buildings and property when such buildings and property are not being accessed by the other individual(s).

Students may request reviews at any time the above measures are in effect (or at any time following a personal appearance before the Director of Community Standards and Counseling in the case of interim suspensions). Requests for review should include any/all available supporting documentation/evidence/information and be delivered to the Community Standards and Counseling Office, room 3260, or electronically to standards@flcc.edu, or by another individual if student is not permitted to access campus facilities at the time the review is sought.

Reviews are heard by the Associate Vice President of Student Affairs, or designee and may, at the reviewer's, discretion, include a personal meeting with the student(s).

Determinations of reviews, including any modifications to the above measures, will be communicated to students electronically via College e-mail address, within a timely manner of the review.

Hearing Proceedings

Conduct Conference: The first step to any hearing is a meeting with the responding party to review the student's right in the conduct process, review the alleged incident(s), provide an explanation of the conduct process, and discuss the student's, or student organizations, alleged involvement in the incident, and review the sanction section of the Code. The meeting will be conducted in private with the Conduct Officer and involved student(s), or authorized representative of the organization only. At the conclusion of the meeting, the student will be asked to verify that s/he has received the overview of the process and been afforded the opportunity to ask questions about the process.

Advisor: In accordance with Due Process Rights, the responding party and reporting student have the right to an advisor to be with them during all meetings, investigation interviews, and hearings/conduct meetings. The advisor can be someone of the student's choosing and is affiliated with the Institution and is may be a faculty, staff, or student. Non-FLCC affiliated advisors may be allowed at the sole discretion of the conduct officer. The role of the advisor is to be supportive and give consultations to the student. The advisor may not speak during the hearing. [Only in Sexual Misconduct cases may an advisor be an attorney.]

Sanctions: If the alleged violation may result in a sanction of suspension, dismissal, and/or permanent transcript notation, the Director of Community Standards & Counseling, or designee, in consultation with the Associate Vice President of Student Affairs, or designee, shall advise the student and/or student group/organization during the meeting of this potential sanction.

Right to Not Respond or Participate: If a student and/or student group/organization (through an authorized student representative) fails to schedule or appear at the initial meeting following proper written notification, the Director of Community Standards & Counseling or designee may render a decision using the information available and without the benefit of having the student and/or group/organization's representative's input or information. Such decisions do not presume a finding of responsibility. Conduct conferences may be rescheduled at the discretion of the conduct officer.

Hearing and Outcome: Upon completion of the initial meeting, the student and/or student group/organization shall have the option to begin the hearing of the case at that time, or schedule a hearing within seven business days of the initial meeting. The conduct officer may also delay the start of a hearing at his/her discretion. The hearing shall be electronically recorded and saved on the College server according to the records policy. Upon conclusion of the hearing the student and/or student group/organization receives electronic and/or written notification of the hearing decision via an outcome letter stating whether they are being found responsible or not responsible for the Code violation outlined in their charge letter. The outcome letter will include a brief rationale for the decision and outline any sanction(s) assigned by the College. The letter will include information on how a student and/or student group/organization may appeal the decision, if applicable, and a time frame of not less than five business days by which they must do so.

Appeal: If the student and/or student group/organization fails to notify the Conduct Officer of their desire to appeal the decision(s) by the stated deadline, the decision and all sanction(s) assigned will be upheld.

Grounds for Appeals

A student has a right to appeal a decision and/or sanction of the conduct process. The appeal should speak to one, or more of the outlined reasons below, and how it would significantly affect the outcome of the hearing. An appeal is not a rehearing of the original case. Requests for appeal must be received by the Director of Community Standards & Counseling by the deadline date(s) mentioned in the student's outcome letters. Students may submit their appeal in writing through email directly to the Director of Community Standards & Counseling. Students should base their appeal on one or more of the following situations:

1. The student demonstrates a substantive procedural error occurred that significantly affected the outcome of the hearing. (e.g., a deadline that was missed or a failure to notify a student properly);
2. The student believes and articulates that the sanction(s) assigned is significantly inconsistent with institutional guidelines and/or past practice. (e.g., differing treatment of students in identical situations without appropriate explanation) or the sanction(s) is too harsh for the violation;
3. The student brings forth new evidence that was not available at the time of the hearing, which, if introduced, would significantly affect the outcome of the hearing. (e.g., witness or other testimony not known/available at the conduct conference. NOTE: this should not include the outcome of criminal proceedings.)

Further examples of grounds for appeal can be provided by the Community Standards and Counseling Office upon request.

Appeal Process

Appeal Process for Violations NOT resulting in Conduct Dismissal and/or Permanent Transcript Notation

Sanctions which fall into this category are appealed to the Associate Vice President of Student Affairs (or designee when applicable). The appeal must be in writing and must be delivered to the Director of Community Standards & Counseling, Conduct Officer who managed the case, or designee within the timeframe stated in the sanction letter.

1. During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards & Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs.
2. The Associate Vice President of Student Affairs (or designee when applicable) will review the appeal.
3. The appeal process will consist of a review of the records of the conduct conference, conduct hearing, and the supporting documents as well as the student meeting with the Associate Vice President of Student Affairs or designee. The meeting will be electronically recorded and the student may request a copy of the recording. The College shall provide access to the recording in a timely manner.
4. The student will be notified in writing of the Associate Vice President of Student Affairs or designee's decision within a timely manner following the conclusion of the AVP's review.
5. If the appeal is denied, the original sanctions imposed may be upheld, increased, or reduced.
6. If a student and/or student group/organization (through an authorized student representative) fails to schedule or appear at an appeal meeting following proper written notification, the Associate Vice President of Student Affairs (or designee when applicable) may render a decision using the information available and without the benefit of having the student and/or /group/organization's representative's input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions.
7. Appeal meetings may be rescheduled at the discretion of the Associate Vice President of Student Affairs (or designee when applicable).
8. Students and/or student group/organizations are limited to one appeal for each conduct conference.
9. The Associate Vice President of Student Affairs' (or designee when applicable) decision is final.

Appeal Process for Violations resulting in Conduct Dismissal and/or Permanent Transcript Notation

Sanctions, which fall into this category, are appealed to the Conduct Appeals Board. The Conduct Appeals Board is composed of one faculty member, one full-time staff member and one matriculated student who has completed the one full semester at FLCC and are in good academic and conduct standing. The chair of the Conduct Appeals Board will be the faculty member. The Director of Community Standards and Counseling or designee may use a board made up of 5 members including two faculty members, two staff members and one student member. The Conduct Appeals Board is trained by the Director of Community Standards and Counseling and the SUNY Student Conduct Institute on an annual basis, or prior to any hearing, to ensure that members understand the process and procedures associated with the appeal.

1. During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards & Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs.
2. The appeal must be in writing and delivered to the Director of Community Standards & Counseling (or designee) within the time frame stipulated in the sanction letter.
3. For cases in which the student and/or student group/organization is entitled to and has requested a hearing before the Conduct Appeal Board within the designated timeframe, the Director of Community Standards & Counseling shall schedule the hearing.
4. Within a timely manner not to exceed fifteen business days of receiving the appeal request, the Director of Community Standards & Counseling will convene the Conduct Appeals Board.
5. Within seven business days of the scheduled hearing, the student and/or student group/organization will be notified in writing and/or electronically of the date, time and location of the hearing. They will also be given the list of Board members. The student and/or student group/organization will have 24 hours of receipt of the names to identify if there is a concern about potential conflict of interest. A request for a change of board member will be entertained by the Director of Community Standards & Counseling. If a conflict exists, the board make up will be adjusted and all parties will be notified.
6. The student and/or student group/organization may request a hearing time at a future date/time. Such requests must be made in writing and demonstrate extenuating circumstances and are at the discretion of the Director of Community Standards & Counseling.
7. The student and/or student group/organization shall have the right to file with the Conduct Appeal Board a written response to any charge(s) and/or sanction(s) for their appeal. Any response must be delivered to the Director of Community Standards & Counseling at least three full business days prior to the hearing.
8. The student and/or authorized representative of the student group/organization is offered the opportunity to have an advisor from the College community (defined in the Advisor section) to provide assistance and support before and during the formal hearing with the Conduct Appeal Board. The advisor may not include legal counsel except in cases of sexual misconduct hearings.
9. The student and/or authorized representative of the student group/organization may invite witnesses, both factual and character, and bring other materials to the hearing. The student and/or student group/organization must provide the names, contact information, any other materials, and purpose of the desired attendance and/or use to the Director of Community Standards & Counseling five business days before the hearing date. This information will be shared with the Board members no less than three business days from the date of the hearing. Any individual who will be called as a witness may not serve in a role as advisor.] Absent extenuating circumstances the maximum number of witnesses shall not exceed five. It is the responsibility of the student and/or student group/organization to arrange for the attendance of any witnesses. Hearings will not be postponed for late or absent witnesses.
10. If a desired witness is unable to attend the designated hearing time, the student and/or student group/organization may obtain a written statement from the witness to present at the hearing.
11. The hearing shall be closed to the public.
12. Personal belongings, other than files or other items pertinent to the hearing, will not be allowed to be brought into the room by the student, authorized student group/organization, advisor, or Board members. Provisions will be made to store personal belongings outside the hearing room by the Director of Community Standards & Counseling, or designee.
13. The chair, or a member of the Conduct Appeals Board designed by the chair to preside, shall have the right to determine the acceptability of testimony, including witnesses and any statements and any other evidence during the hearing and may place time limitations on testimony and closing arguments.
14. The student, authorized representative of the student group/organization shall have the right to submit evidence and question all adverse witnesses who testify in the matter. If the Conduct Appeals Board elects to accept a witness's written statement in lieu of live testimony, the identity of the witness and their statements shall be fully disclosed to the student, authorized representative of the student group/organization at the hearing and they shall be given the opportunity to respond to such statements. Witnesses other than the student, authorized representative of the student group/organization shall be present only when they are giving testimony. It is the student's responsibility to arrange for witnesses to attend the hearing.
15. In rare instances, the College may elect to present formally a case using legal counsel. If the College elects to present a case using legal counsel, the student and/or student group/organization will be given notice of the decision and will also have the opportunity to be represented by legal counsel at the student's and/or student group/organization's own expense.
16. The hearing shall be recorded on equipment supplied by the College for the purpose of formal record keeping and will be maintained in accordance with FLCC Record Keeping policy. All participants in the hearing are prohibited from making their own recording during the hearing (including but not limited to audio, video, photographic and/or written recording). The student, authorized representative of the student group/organization may request a copy of the recording by submitting a written request to the Director of Community Standards & Counseling or designee following the hearing. The recording shall be made available to the student, authorized representative of the student group/organization not sooner than three business days following the hearing.
17. The student, authorized representative of the student group/organization shall be given reasonable opportunity to present a closing statement.
18. If a student and/or student group/organization (through an authorized student representative) fails to schedule or appear before the Conduct Appeals Board, following proper written notification, the Conduct Appeals Board may render a decision using the information available and without the benefit of having the student and/or group/organization's representative's input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions.
19. Conduct Appeals Boards are not normally rescheduled absent extenuating circumstances. They may be rescheduled at the discretion of the Associate Vice President of Student Affairs or designee for cause.
20. At the close of the hearing, the Conduct Appeals Board shall deliberate privately. The Board will seek to reach consensus in adjudicating cases. In the event there is no consensus, a majority vote (the chair voting) will determine the outcome. Within five business days after the close of the hearing, the Conduct Appeals Board shall report its findings and recommendation(s) in writing to the Director of Community Standards & Counseling.
21. Within five business days from receipt of the Board's decision, the Director of Community Standards & Counseling will notify the student and/or student group/organization in writing of the outcome of the hearing and will also notify the student and/or student group/organization, if responsible, of the sanction(s) changed or was upheld.
    

The College approaches the sanctioning of students from an educational standpoint. All sanctions received by students will be linked to one or more of the following six outcomes. Sanctions assigned to students will reflect these outcomes.

1. Self-Reflection: Sanction designed to promote self-awareness of behavior, awareness of appropriateness/inappropriateness of behavior, awareness of institutional expectations
2. Impact on Others: Sanction designed to promote student understanding of how behavior impacted or could have impacted others
3. Impact on College Community and/or Society: Sanction designed to promote student understanding of community and/or societal standards
4. Impact on Personal Being: Sanction designed to promote self-awareness of potential physical or psychological impacts of behavior
5. Impact on Personal Future: Sanction designed to promote self-awareness of potential impacts of behavior on the student's future (choice of career, course of study, etc.)
6. Strong Deterrence and Awareness Raising: Sanction designed to serve as a serious and/or uncomfortable intervention

The determination of whether the responding student is found responsible for the offense shall be made on the basis of whether or not there is evidence which supports the finding of a violation, using the standard of evidence, a preponderance of evidence (more likely than not). Students will be notified of this decision within a timely manner by electronic delivery. If there is a significant delay, the student will be notified of such delay. Immediate decisions like interim suspensions, suspensions, or dismissals may be delivered by a method deemed reasonable by the Director of Community Standards & Counseling, the AVP of Student Affairs and/or the Provost, VP of Academic & Student Affairs. The most common sanctions are defined below and any additional sanctions, if appropriate, will be defined in the student's Sanction letter.

A. No Action

No action indicates that a student and/or student groups/organizations is found not responsible for violating the Code. [Not eligible to appeal.]

B. Informal Warning

An informal warning indicates that a student's and/or student groups/organizations behavior may have violated the Code, but that no sanctions are being assigned by the College at the time. [Not eligible to appeal.]

C. Written Warning

Written warning is an official notification that the behavior of the student and/or student groups/organizations has been unacceptable and violated the Code. Written warnings will be placed in the student's and/or student groups/organizations official conduct file. [Not eligible to appeal.]

D. Ongoing Conduct Requirements/Restrictions

Conduct requirements may be imposed with or without suspension or probation. Conduct requirements include, but are not limited to:

1. restrictions from participating in intercollegiate athletics and extra-curricular activities;
2. restrictions of access to some or all campus facilities/areas;
3. monetary payments for purpose of restitution or to cover the expense of educational sanctions;
4. no contact orders;
5. denial of financial assistance from programs funded by the College;
6. required attendance at educational/assessment programs such as behavioral management workshops and comprehensive substance abuse assessments;
7. administrative hold on access to specified College documents;
8. loss of on campus employment opportunities, including but not limited to, student aide and Resident Assistant positions;
9. prohibition/revocation of campus employment;
10. requirement to complete specific coursework; and
11. restrictions on completion of coursework (e.g., online only, etc.).

E. Community Service

Students may be assigned community service in a manner consistent with his/her violation (e.g. – a conduct violation in the Cafeteria may result in community service in the Cafeteria). Community service sanctions include, but are not limited to, participating in a designated service project or giving an identified community or agency (on or off campus) a number of service hours to be completed within a specified time period.

F. Conduct Probation

Conduct probation indicates to a student that his/her behavior has resulted in a sanction close to suspension. It is imposed for a definite period of time and includes the likelihood of more severe conduct sanctions, including suspension or dismissal, if the student is found to be violating or to have violated any section of the Student Code of Conduct during the probationary period, and may include ongoing conduct requirements. A student on probation may be required to meet periodically with a person designated by the Director of Community Standards & Counseling.

G. Conduct Suspension

Suspension prohibits the student from attending FLCC for a designated period of time, which shall not exceed a period of more than five calendar years following the effective date. While on suspension the student is, in most cases, restricted from being on college property. The Director of Community Standards & Counseling or designee will determine the effective dates of the suspension. If required by the suspension, a student who has been suspended must petition for re-enrollment through the Office of the Associate Vice President of Student Affairs and/or Admissions Review Board. Notice of suspension is kept permanently in the student's official college record maintained by the Registrar's Office and by the Community Standards and Counseling Office.

H. Conduct Dismissal

Conduct dismissal permanently separates the student from the institution, prohibits the student from ever attending Finger Lakes Community College and, in most cases restricts a person from being on college property. A student may not be readmitted to the College after dismissal. Dismissals are usually accompanied by permanent transcript notations (see below.) Notice of conduct dismissal is kept permanently in the student's official college record maintained by the Registrar's Office and by the Community Standards and Counseling Office.

I. Permanent Transcript Notation

Permanent Transcript Notations (PTN) indicating disciplinary action taken will be placed on student records where students have been found responsible for violating the Code of Conduct in the instances including but not limited to, behavior that leads to death or serious physical injury of another person, sexual assault, hazing, or conduct dismissal. Finger Lakes Community College reserves the right to determine additional serious violations that will result in a PTN. A PTN will appear on a student's official academic transcript as grades of AW (Administrative Withdrawal) for the classes during the semester in which the sanction is imposed and a brief comment on the transcript noting sanction and date(s).

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act* established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were "suspended after a finding of responsibility for a code of conduct violation" or "dismissed/expelled after a finding of responsibility for a code of conduct violation". If a respondent withdraws from the institution while such conduct charges are pending and an outcome has not yet been determined, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that indicates the student "withdrew with conduct charges pending".

A student may appeal to remove a PTN from their transcript no sooner than one calendar year from the original sanction date. Requests for removal should be sent to the Associate Vice President of Student Affairs and should include a rationale for the request. Appeals will be reviewed by the AVP of Student Affairs and/or the Provost and a decision will be rendered within 30 calendar days from the receipt of the appeal.

When the decision is to not approve a request, the student may re-submit after one calendar year has elapsed. There shall be no more than five appeals of a PTN for any student. Rationale for the reason the appeal is not granted will be provided.

*Violations equivalent to the Clery Act (as updated by the Violence Against Women Act Final Regulations) Part I crimes covered under the legislation that would require a transcript notation are: murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson.

[For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act* established in 201 092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were "suspended after a finding of responsibility for a code of conduct violation" or "expelled 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 conduct charges pending."]

J. Interim Suspension

The Director of Community Standards & Counseling, or designee, may summarily suspend a student and/or student group/organization; prohibit the same from any or all appropriate portions of college premises, college-related activities, or registered student organization activities; and/or permit the student and/or student group/organization to remain only under specified conditions for the interim period prior to a conduct conference. An interim suspension will be imposed whenever the Director of Community Standards &Counseling or designee determines that the continued presence of the student on the College campus poses a significant risk of substantial harm to the health and/or safety of another student, other members of the college community, to the stability or continuance of normal college functions, or to property.

The Director of Community Standards & Counseling or designee may suspend a student for an interim period pending conduct proceedings or medical/mental health information. The interim suspension will become effective immediately without prior notice. Interim suspension may be imposed only:

1. To ensure the safety and well-being of members of the college community or preservation of college property;
2. To ensure other students' physical and/or emotional safety and well-being;
3. If the student poses a significant threat of disruption of or interference with the normal operations of the College.

A student subject to an interim suspension will be given written notice of the suspension electronically (using the student's FLCC email account) or by US Postal Service, and will be referred to these standards and procedures. The student will be given an opportunity to appear personally before the Director of Community Standards & Counseling or designee within four business days from the effective date of the interim suspension, in order to review the following issues:

1. The reliability of the information concerning the student's conduct;
2. Whether or not the conduct and surrounding circumstances reasonably indicate a significant risk as described above;
3. Whether the risk posed by the student is the result of a medical or mental health condition or disability.

If the risk posed by the student is the result of a medical or mental health condition or disability, the Director of Community Standards and Counseling or designee, shall also determine whether the risk can be eliminated or sufficiently reduced through reasonable accommodation and, if so, shall take appropriate steps to ensure that accommodation is provided. The Director of Community Standards and Counseling or designee, may require that the student submit medical or mental health information to determine whether any such condition exists and whether reasonable accommodation is possible. If the student fails to submit required information and/or the available evidence establishes that the student's presence poses a significant risk of substantial harm to the health and/or safety of other students, other members of the college community, or to the stability or continuance of normal college functions or property, the Director of Community Standards and Counseling or designee, may continue the interim suspension.

K. Sanctions for Alcohol and Other Drug Violations

The College treats each student and each situation individually. Therefore, the certainty of sanctions cannot be assured prior to a Conduct Conference occurring. The sanction descriptions below provide general guidelines for a Conduct Officer and student reference. These sanctions may, at the discretion of the Conduct Officer, or in consultation with College Officers, be changed and/or added to, based upon the analysis of each student and situation. It is important to remember that while even a single violation can lead to Conduct Suspension or Conduct Dismissal from FLCC, that not all students charged with Code of Conduct violations receive sanctions.

Alcohol

First Violation: Students found responsible for violating the respective section of the Code of Conduct will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive a written warning, an educational assignment, and/or an online evaluation; while students responsible for hosting an event, or supplying alcohol for an event, may receive conduct probation, an educational assignment, parental notification (if under 21), a substance abuse evaluation, and/or an online education and/or evaluation.

Second Violation: Students found responsible for violating the respective section of the Code of Conduct a second time will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive conduct probation, parental notification (if under 21), an educational assignment, and/or a substance abuse evaluation; while students responsible for hosting an event, or supplying alcohol for an event, may receive conduct suspension, parental notification (if under 21), a substance abuse education and/or evaluation, an online evaluation, and/or conditions necessary for readmission.

Third Violation: Students found responsible for violating the respective section of the Code of Conduct a third time will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive conduct suspension, a permanent transcript notation, parental notification (if under 21), a substance abuse evaluation, and/or conditions necessary for readmission, while students responsible for hosting an event, or supplying alcohol for an event, may receive conduct dismissal, a permanent transcript notation, parental notification (if under 21), a substance abuse evaluation, an online evaluation, and/or conditions necessary for readmission.

Fourth Violation: Students found responsible for violating the respective section of the Code of Conduct a fourth time will receive sanctions commensurate with their involvement in the situation. Students present in an area where policy violations occurred may receive conduct dismissal, a permanent transcript notation, parental notification (if under 21), a substance abuse evaluation, an online evaluation, and/or conditions necessary for readmission.

Other Drugs*

First Violation: Students found responsible for violating the respective section of the Code of Conduct will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive conduct probation, an educational assignment, parental notification (if under 21), a substance abuse evaluation, and/or an online evaluation, while students involved in hosting an event, or supplying drugs for an event may receive conduct suspension, parental notification (if under 21), substance abuse education and/or evaluation, and/or conditions necessary for readmission.

Second Violation: Students found responsible for violating the respective section of the Code of Conduct a second time will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive conduct suspension, parental notification (if under 21), a substance abuse education and/or evaluation, while students involved in hosting an event, or supplying drugs for an event may receive conduct dismissal, a permanent transcript notation, parental notification (if under 21), a substance abuse education and/or evaluation, and/or conditions necessary for readmission.

Third Violation: Students found responsible for violating the respective section of the Code of Conduct a third time will receive sanctions commensurate with his/her involvement in the situation. Students present in an area where policy violations occurred may receive conduct dismissal, parental notification (if under 21), a substance abuse evaluation, an online evaluation, and/or conditions necessary for readmission.

*Note: the sale or distribution of drugs or unlawful controlled substances may result in interim (immediate) suspension prior to a conduct conference occurring.

DWI/DUI

First Violation – Students found responsible for violating the respective sections of the Code of Conduct, while operating a motor vehicle, will receive sanctions commensurate with his/her involvement in the situation. Students who are not responsible for property or personal damages may receive conduct probation, an educational assignment, parental notification (if under 21), a substance abuse education and/or evaluation, while students who are responsible for property or personal damages may receive conduct suspension, parental notification (if under 21), a substance abuse evaluation, and/or conditions necessary for readmission.

If a student is suspended as a result of alcohol and/or other drug violations and subsequently returns to FLCC, another violation of alcohol or other drug parts of the Code of Conduct will likely result in conduct dismissal from the College. For very serious or multiple violations of the Student Code, additional sanctions may be warranted and imposed in accordance with normal college conduct procedures.

L. Persona Non-Grata Status

Persona non grata status refers to an individual who is prohibited from entering or remaining on any property owned or controlled by Finger Lakes Community College at any time, for any reason, without specific written reauthorization from the Office of Community Standards and Counseling, AVP of Student Affairs and/or Office of Campus Police. Should an individual fail to comply with the terms of this directive, s/he will be considered a trespasser and will be subject to arrest and criminal prosecution.

Confidentiality

The College complies with the Family Educational Rights and Privacy Act (FERPA) and will not typically share information that is part of a student's educational record with anyone other than the student, absent written permission from the student to do so. In situations involving serious conduct infractions, discussed herein, the College may send a copy of a student's sanction letter to a student's parent/guardian at their permanent address according to college records. The College may also share otherwise confidential information if there is reason to believe that a student is a threat to the safety of themselves or others. Conduct matters are kept confidential to the extent required by law. Student conduct matters may be shared with other college officials and offices.

Conduct Files and Records

1. Written/Printed/pdf Materials
   All written/printed/pdf conduct records, files, and hearing information for cases which result in sanctions below suspension, dismissal, or permanent transcription notations are maintained by the Office of Community Standards and Counseling for a minimum of seven years. For those cases resulting in suspension, dismissal, or permanent transcript notions, the Registrar's Office will keep on file permanently. A student or an alumna/alumnus may request that the permanent transcript notation be removed from the official academic transcript following one year from the date of the written notification of the disposition of the matter (see Record Expunction, below).
2. Electronic Records Including Recordings
   Brief electronic records of incidents, regardless of the results of the hearing (e.g., responsible or not responsible decision) are maintained in a database by the Office of Community Standards and Counseling for a minimum of seven years. Digital copies of written/printed conduct records, files, and hearing information are maintained permanently on college servers for decisions resulting in suspension, dismissal or permanent transcript notation.

The Office of Community Standards and Counseling may share conduct record information with other entities at the request of the entity(ies), provided the student has given written consent to the entity(ies) to obtain such information from FLCC, or in such cases where consent is not required.

Refund Policy

In the event of a suspension or dismissal, the College will follow the regular refund schedule outlined by the VP of Finance and Administration.

Reporting Parties and Responding Parties are offered the option to have an advisor accompany them to procedural reviews, interviews, and any other meetings with college officials. In all sexual misconduct matters this advisor may be a member of the college community (defined as currently enrolled student or current employee) or may choose to have someone outside the above definition as an advisor, including legal representation. Upon request, the College will supply the name of a potential advisor from the college community. The student is responsible for contacting the advisor to obtain their approval to serve in this role. The student shall submit the contact information to the investigator(s) at least three full business days prior to any meeting. At a student's request, a meeting may be postponed for a maximum of three business days while the student contacts an advisor of their choosing.

1. An advisor's role is limited. The advisor may:
   • attend meetings with the student;
   • speak privately or communicate in writing with the student during meetings;
   • request a brief break to speak to the student outside the meeting room, such requests will be granted at the discretion of the investigator(s).
2. The advisor cannot:
   • investigate the charges outside of the stated conduct procedures;
   • present the student's case on behalf of the student;
   • question and respond to the investigator(s) on behalf of the student during the interview;
   • speak to other parties on behalf of the student.

Advisors who do not follow these guidelines will not be allowed to continue in the process with the student. Only in Sexual Misconduct cases may the Advisor be an attorney.

Student Conduct Process for Sexual Misconduct Cases

A reporting party has the right to request that student conduct charges be filed against the responding party. Conduct falling within the scope of Title IX will be referred to the Title IX Grievance Policy for review. Conduct proceedings related to sexual misconduct are governed by the process that is outlined in this document 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 Responding Party and the Reporting Party will have:

• The same opportunity to be accompanied by an advisor of their choice who may assist and advise the 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 policy;
• 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. Responding Parties 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 College). To schedule a review and/or offer evidence the responding and reporting party should contact the Director of Community Standards and Counseling in room 3260, call 585-785- 1211, or email standards@flcc.edu;
• The right to present evidence and testimony at a hearing, where applicable;
• 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 mental health diagnosis or treatment from admittance in college disciplinary process that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault 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;
• The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions, 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 responding party 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;
• Institutional Complaints: Under the process, the penalties for other violations may include, but are not limited to: written warning, no contact orders, conduct probation, suspension, dismissal, and/or permanent transcript notation;
• Access to at least one level of appeal of a determination, this may be 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;
• 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 be protected from public release until the appeal officer/panel makes a final determination unless otherwise required by law.

Investigation Procedures

1. FLCC will conduct a timely review of all complaints of sexual misconduct. Absent extenuating circumstances, review and resolution is expected to take place within sixty (60) business days from receipt of the complaint. All deadlines and time frames may be extended for good cause as determined by the designated investigator(s). Both the Responding Party and the Reporting Party will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or anticipated timeframe. Extensions requested by one party will not be longer than five business days. If the Responding Party is a College employee, the College will follow the procedures outlined in the Non-Discrimination and Sexual Harassment Response and Prevention Policy.
2. Following the College becoming aware of an alleged incident(s) of sexual misconduct, an individual or individuals will be designated by the Title IX Coordinators or Title IX Deputy Coordinators to conduct a preliminary inquiry into the incident(s) to determine Reasonable Cause.
3. If Reasonable Cause is determined, an investigation will be initiated which is prompt and thorough, affording all parties equitable rights, including the Responding Party (s), Reporting Party(s)and any relevant witnesses, an opportunity to provide statements, information, and documentation regarding the incident(s). If the Responding Party is a college employee, the College will follow the procedures outlined in the Non-Discrimination and Sexual Harassment Response and Prevention Policy.
4. The investigator(s) will attempt to meet individually with the Responding Party(s), Reporting Party's, and any relevant witnesses. Students will be sent electronic notification through their FLCC email account. These notices will schedule students for a procedural review with the investigator(s). The College's desire to immediately stop any harassing behavior may result, at the investigator(s) discretion, in a hold being placed on a respondent's, reporting individual's, or witness' college account and/or no contact orders being issued to respondent(s), reporting individual(s), or witness(es) via these letters. Students charged with sexual misconduct, as defined in this document, will have a hold placed on their account and/or other steps taken (e.g., interim suspension, no contact orders) until such time as the matter is resolved. If students elect not to participate in these procedures the College may, at its sole discretion, proceed, determine results, and issue sanctions if appropriate without the benefit of both parties' input. Such actions do not presume a finding of responsibility or automatically result in sanctions. This stage of the process will usually be completed within a timely manner from receipt of the complaint, although the interim measures mentioned may be enacted immediately.
5. Procedural reviews are conducted in private. Reporting Party(s) and Responding Party(s) may elect to have an advisor accompany them to the procedural review (please see the Advisor section for guidelines and regulations on advisors.) In cases where an individual involved in the investigation is also a college employee, or when a non-student college employee is involved, a representative from Human Resources may also be present.*
   
   The purposes of the procedural review will include:
   • notifying individuals that a sexual misconduct investigation is taking place;
   • informing individuals of the college procedures relative to sexual misconduct;
   • making individuals aware of their ability to report incidents of sexual harassment to other entities (e.g., state and federal agencies, law enforcement, etc.) at any time during the process, and
   • to schedule a time to conduct an investigation interview to discuss the incident(s) of alleged sexual misconduct.
     
     Individuals may request that the investigator(s) contact other persons who may have witnessed the alleged incident(s) of harassment at this time or have other pertinent facts about the matter. While an investigator will contact potential witnesses via their college e-mail addresses, witnesses are not obligated to meet with the investigator(s) and it is each individual's responsibility to follow-up with any witnesses to request their participation in the procedures.
     
     *Note: Individuals may elect to begin their interview immediately following their procedural review, time permitting. Otherwise, a time mutually acceptable to the individual and interviewer(s) will be scheduled within a timely manner. Individuals may request an alternative interviewer(s) during their procedural review as well.
     
     
6. Investigation interviews are conducted in private. Reporting Parties and Responding may elect to have an advisor accompany them to the interview (please see the Advisor section for guidelines and limitations on advisors). In cases where an individual involved in the investigation is also a college employee, or when a non-student college employee is involved, a representative from Human Resources may also be present. Interviews will be recorded on college- supplied equipment and recordings will be kept according to the records policy. The purposes of the interview will be:
• to allow individuals to present their version of a reported incident(s) of misconduct;
• to present the individual with any additional reported incident(s) of misconduct of which they were not previously aware and allow them to present their version of those incident(s) as well;
• to question individuals regarding reported incident(s,) particularly when facts are in question;
• to allow individuals to present witnesses and produce other evidence for consideration.
  Reporting individuals and respondents do not directly question one another throughout these procedures. The investigator(s) may conduct secondary interviews with involved parties to obtain additional or corroborating information, or to address conflicting reports or specific questions. Reporting Parties and Responding Parties may request interviewers ask specific questions of the other parties.
7. Following the conclusion of all interviews and any other elements of an investigation, the investigator(s) shall submit a summary of findings and recommendation(s) for further action to the Associate Vice President of Student Affairs or designee. The Associate Vice President of Student Affairs or designee will also have access to all materials from the investigation including, but not limited to, reports, recordings, written/typed notes, information supplied by witnesses, and other relevant materials and information. If the complexity of an investigation requires more than sixty business days, the investigator(s) will inform all parties involved, the Associate Vice President of Student Affairs or designee on or before the sixty business day and include an estimated time to complete the summary.
8. Within a timely manner of the investigator's summary being received, the Associate Vice President of Student Affairs or designee shall simultaneously issue a written statement to the reporting individual(s) and respondent(s), indicating what action(s), if any they are taking and any sanctions assigned to students to their FLCC email account. The action proposed by the Associate Vice President, may consist of:
   • A determination that the complaint was not substantiated and the respondent is being found not responsible for violating the policy;
   • A determination that the complaint was substantiated and the respondent is being found responsible for violating the sexual misconduct policy. If a student is found responsible for sexual misconduct violations, sanctions consistent with the severity of the offense will be imposed and may include, but are not limited to: written warning, no contact orders, conduct probation, suspension, dismissal, and/or permanent transcript notation, sanctions of suspension with additional requirements, and dismissal. For findings of responsibility for Sexual Assault, the SUNY mandate is that students either be suspended or dismissed from the institution.* These letters shall include a listing of the factual findings for each section of the Code of Conduct that a student was charged with violating and the evidence relied upon to reach each finding.

*This was stipulated in the SUNY policies directive entitled, SUNY Policies on Sexual Violence Prevention and Response dated December 1, 2014, page 12. Sexual assault is defined to be a Code of Conduct violation consistent with the Federal definition of rape adopted by the Department of Education in Final Regulations (http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24284.pdf, page 62789), from the Uniform Crime Reporting system of the Federal Bureau of Investigations. "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." Consent for these purposes is the consent definition in these policies and the legislation.

Sanctions

(These Sanctions apply only to student respondents and/or recognized student groups)

Written Warning

Written warning is an official notification that the behavior of the student or student organization has been unacceptable. Written warnings will be placed in the student's or student organization's official conduct file. [Not eligible to appeal.]

Conduct Probation

Conduct probation indicates to a student that his/her behavior has resulted in a sanction close to suspension. It is imposed for a definite period of time and includes the likelihood of more severe conduct sanctions, including suspension or dismissal, if the student is found to be violating or to have violated any section of the Student Code of Conduct during the probationary period, and may include ongoing conduct requirements. A student on probation may be required to meet periodically with a person designated by the Director of Community Standards and Counseling.

Conduct Suspension

Suspension prohibits the student from attending FLCC for a designated period of time, which shall not exceed a period of more than five calendar years following the effective date. While on suspension the student is, in most cases, restricted from being on college property. The Director of Community Standards and Counseling or designee will determine the effective dates of the suspension. If required by the suspension, a student who has been suspended must petition for re-enrollment through the Office of the Associate Vice President of Student Affairs and/or Admissions Review Board. Notice of suspension is kept permanently in the student's official college record maintained by the Registrar's Office and by the Community Standards and Counseling Office.

Conduct Dismissal

Conduct dismissal permanently separates the student from the institution, prohibits the student from ever attending Finger Lakes Community College and, in most cases, and restricts a person from being on college property. A student may not be readmitted to the College after dismissal. Dismissals are usually accompanied by permanent transcript notations (see below.) Notice of conduct dismissal is kept permanently in the student's official college record maintained by the Registrar's Office and by the Community Standards and Counseling Office.

Permanent Transcript Notation

Permanent Transcript Notations (PTN) indicating disciplinary action taken will be placed on student records where students have been found guilty of violating the Code of Conduct in the instances of behavior that leads to death or serious physical injury of another person, sexual assault or hazing. Finger Lakes Community College reserves the right to determine additional serious violations that will result in a PTN. A PTN will appear on a student's official academic transcript as grades of AW (Administrative Withdrawal) for the classes during the semester in which the sanction is imposed and a brief comment on the transcript noting sanction and date(s).

A student may appeal to remove a PTN from their transcript no sooner than one calendar year from the original sanction date. Requests for removal should be sent to the Associate Vice President of Student Affairs and should include a rationale for the request. Appeals will be reviewed by the AVP of Student Affairs and the Provost, Vice President for Academic and Student Affairs and a decision will be rendered within 30 calendar days from the receipt of the appeal.

When the decision is to not approve a request, the student may re-submit after one calendar year has elapsed. There shall be no more than five appeals for any student. Rationale for the reason the appeal is not granted will be provided.

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act1 established in 201 092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were "suspended after a finding of responsibility for a code of conduct violation" or "expelled 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 conduct charges pending."

Interim Suspension

The Director of Community Standards and Counseling, or designee, may summarily suspend a student and/or student organization; prohibit the same from any or all appropriate portions of college premises, college-related activities, or registered student organization activities; and/or permit the student or student organization to remain only under specified conditions for the interim period prior to a conduct conference. An interim suspension will be imposed whenever the Director of Community Standards and Counseling or designee determines that the continued presence of the student on the College campus poses a significant risk of substantial harm to the health and/or safety of another student, other members of the college community, to the stability or continuance of normal college functions, or to property.

The Director of Community Standards and Counseling or designee may suspend a student for an interim period pending conduct proceedings or medical/mental health information. The interim suspension will become effective immediately without prior notice. Interim suspension may be imposed only:

1. To ensure the safety and well-being of members of the college community or preservation of college property;
2. To ensure other students' physical and/or emotional safety and well-being;
3. If the student poses a significant threat of disruption of or interference with the normal operations of the College.

A student subject to an interim suspension will be given notice of the suspension through their FLCC email account and will be referred to these standards and procedures. The student will be given an opportunity to appear personally before the Director of Community Standards and Counseling or designee within four business days from the effective date of the interim suspension, in order to review the following issues:

1. The reliability of the information concerning the student's conduct;
2. Whether or not the conduct and surrounding circumstances reasonably indicate a significant risk as described above;
3. Whether the risk posed by the student is the result of a medical or mental health condition or disability.

If the risk posed by the student is the result of a medical or mental health condition or disability, the Director of Community Standards and Counseling, or designee, shall also determine whether the risk can be eliminated or sufficiently reduced through reasonable accommodation and, if so, shall take appropriate steps to ensure that accommodation is provided. The Director of Community Standards and Counseling, or designee, may require that the student submit medical or mental health information to determine whether any such condition exists and whether reasonable accommodation is possible. If the student fails to submit required information and/or the available evidence establishes that the student's presence poses a significant risk of substantial harm to the health and/or safety of other students, other members of the college community, or to the stability or continuance of normal college functions or property, the Director of Community Standards and Counseling, or designee, may continue the interim suspension.

Appeals

For cases filed under this policy related to student to student sanctioning, the appeals process is as follows:

• Following receipt of the letters from the Associate Vice President of Student Affairs or designee, the reporting individual(s) and respondent(s) will have the opportunity to appeal the finding (responsible or not responsible) and/or the sanctions assigned by the Associate Vice President of Student Affairs or designee. Such appeals must be submitted in writing to the Director of Community Standards and Counseling (or designee) within seven business days of students receiving their respective letters.

Appeals of sexual misconduct complaint outcomes are always heard by the Conduct Appeals Board.

Appeals for discrimination complaints that do not result in sanctions of conduct dismissal and/or Permanent Transcript Notation are heard by AVP of Student Affairs or designee.

The grounds to file an appeal include substantive procedural error, sanctions are not appropriate, and new evidence has become available, that would significantly affect the outcome of the hearing. If one party in a sexual misconduct matter appeals, the other party will be informed at the close of the seven business day period and given three additional business days to submit an opinion/position paper regarding their perspective on the outcome, e.g., if a respondent appeals, the reporting individual will have the opportunity to comment on the original outcome as well. These opinion/position papers are written without seeing the appeal of the other party. In cases of sexual misconduct, both the reporting and responding parties are eligible to appeal any decisions.

Appeal Process for Violations NOT resulting in Conduct Dismissal and/or Permanent Transcript Notation

Sanctions which fall into this category are appealed to the Associate Vice President of Student Affairs or designee when applicable. The appeal must be in writing and must be delivered to the Director of Community Standards and Counseling, Conduct Officer, or designee within the timeframe stated in the sanction letter.

• During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards and Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs;
• The Associate Vice President of Student Affairs will review the appeal;
• The appeal process will consist of a review of the records of the conduct conference and the supporting documents as well as the student meeting with the Associate Vice President of Student Affairs. The meeting will be electronically recorded and the student may request a copy of the recording within three business days of the receipt of the decision. The College supply access to the recording in a timely manner;
• The student will be notified in writing of the Associate Vice President of Student Affairs' decision within timely manner following their meeting;
• If the appeal is denied, the original sanctions imposed may be upheld or reduced;
• If a student fails to schedule or appear at an appeal meeting following proper written notification, the Associate Vice President of Student Affairs or designee may render a decision using the information available and without the benefit of having the student's input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions;
• Appeal meetings may be rescheduled at the discretion of the Associate Vice President of Student Affairs or designee;
• Students are limited to one appeal for each conduct conference;
• The Associate Vice President of Student Affairs or designee's decision is final.

Appeal Process for Violations of Sexual Misconduct or other sanctions resulting in Conduct Dismissal and/or Permanent Transcript Notation

Sanctions, which fall into this category, are appealed to the Conduct Appeals Board. The Conduct Appeals Board is composed of one faculty member, one full-time staff member and one matriculated student who has completed the one full semester at FLCC and are in good academic and conduct standing. The chair of the Conduct Appeals Board will be the faculty member. [The Director of Community Standards and Counseling or designee may use a board made up of 5 members including two faculty members, two staff members and one student member. The Conduct Appeals Board is trained by the Director of Community Standards and Counseling and the SUNY Student Conduct Institute on an annual basis, or prior to any hearing, to ensure that members understand the process and procedures associated with the appeal.]

• During the period of appeal, all sanctions will be considered in effect, pending the resolution of the appeal. Students restricted from classes may be given the opportunity to participate and/or submit work remotely at the discretion of the Director of Community Standards and Counseling or designee. Exemptions to this procedure may be requested by the Associate Vice President of Student Affairs;
• The appeal must be in writing and delivered to the Director of Community Standards and Counseling or designee within the time frame stipulated in the sanction letter;
• For cases in which the student is entitled to and has requested a hearing before the Conduct Appeal Board within the designated timeframe, the Director of Community Standards and Counseling shall schedule the hearing;
• The hearing shall commence in a timely manner after the request for a hearing.
• The student will be given a minimum of five business days' notice prior to the hearing and may request a hearing time at a future date/time. Such requests must demonstrate extenuating circumstances and are at the discretion of the Director of Community Standards and Counseling or designee;
• The student shall have the right to file with the Conduct Appeal Board a written response to any charge(s) and/or sanction(s). Any response must be delivered to the Director of Community Standards and Counseling or designee at least three business days prior to the hearing;
• The student is offered the opportunity to have an advisor from the College community (defined in the advisor section) to provide assistance and support before and during the formal hearing with the Conduct Appeal Board. The advisor shall not include legal counsel except in cases of sexual misconduct hearings;
• The student may invite witnesses, both factual and character, and bring other materials to the hearing. The student must provide the names, contact information, any other materials, and purpose of the desired attendance and/or use to the Director of Community Standards and Counseling or designee at least three business days prior to the hearing. This information will be shared with the Board members prior to the hearing. Absent extenuating circumstances the maximum number of witnesses shall not exceed five. It is the responsibility of the student to arrange for the attendance of any witnesses. Hearings will not be postponed for late or absent witnesses;
• If a desired witness is unable to attend the designated hearing time, the student may obtain a written notarized statement from the witness to present at the hearing;
• The hearing shall be closed to the public;
• Personal belongings, other than files or other items pertinent to the hearing, will not be allowed to be brought into the room by the student, advisor, or Board members. Provisions will be made to store personal belongings outside the hearing room by the Director of Community Standards and Counseling or designee;
• The chair, or a member of the Conduct Appeals Board designated by the chair to preside, shall have the right to determine the acceptability of testimony, including witnesses and any notarized statements and any other evidence during the hearing and may place time limitations on testimony and closing statements;
• The student shall have the right to submit evidence and question (through the Chair of Conduct Appeals Board) all adverse witnesses who testify in the matter. If the Conduct Appeals Board elects to accept a witness's notarized written statement in lieu of live testimony, the identity of the witness and their statements shall be fully disclosed to the student at the hearing and they shall be given the opportunity to respond to such statements. Witnesses other than the student shall be present only when they are giving testimony. It is the student's responsibility to arrange for witnesses to attend the hearing;
• In rare instances, the College may elect to present formally a case using legal counsel. If the College elects to present a case using legal counsel, the student or student organization will be given notice of the decision and will also have the opportunity to be represented by legal counsel at the student's own expense;
• The hearing shall be recorded on equipment supplied by the College. The student may request access to the recording by submitting a written request to the Director of Community Standards and Counseling or designee following the hearing. The recording shall be made available to the student not sooner than three business days following the hearing;
• Both sides shall be given reasonable opportunity to present a closing statement;
• If a student fails to schedule or appear before the Conduct Appeals Board, following proper written notification, the Conduct Appeals Board may render a decision using the information available and without the benefit of having the student's input or information. Such decisions do not presume a finding of responsibility, or automatically result in upholding of sanctions;
• Conduct Appeals Boards are not normally rescheduled absent extenuating circumstances. They may be rescheduled at the discretion of the Associate Vice President of Student Affairs or designee for cause;
• At the close of the hearing, the Conduct Appeals Board shall deliberate privately. The Board will seek to reach consensus in adjudicating cases. In the event there is no consensus, a majority vote (the chair voting) will determine the outcome;
• Within five business days after the close of the hearing, the Conduct Appeals Board shall report its findings and recommendation(s) in writing to the Director of Community Standards and Counseling or designee;
• Within five business days from receipt of the Board's decision, the Director of Community Standards and Counseling or designee will notify the student in writing of the outcome of the hearing and will also notify the student, if responsible, if the sanction(s) changed or was upheld. The Conduct Appeals Board's decision is final.