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Statement on the Rights, Freedoms and Responsibilities of Jefferson Community College Students Preamble

A student enrolled at Jefferson Community College enters into a relationship with the College as a member of this academic community. This relationship places obligations on both the student and the College. It is in this relationship with others that students find opportunity to develop emotionally, intellectually, physically, socially and spiritually. In attempting to provide an atmosphere favorable to learning including personal development, Jefferson Community College maintains standards for student life within the College community. The College disciplinary proceedings are not a substitute for the criminal justice system. The College will not handle felony level charges.

The College is expected to provide educational opportunities, and to foster the development of the student as a fully functional member of society. The student is obligated to act responsibly within the academic community in both educational and social settings. It is the responsibility of all students to be familiar with the College catalog, the Code of Student Conduct, class syllabi and departmental procedures, guidelines and practices. Students are held accountable for information contained within these documents.

As members of this College community, students retain national citizenship but also acquire additional obligation as defined in the Student Handbook and the College Catalog including but not limited to fiscal responsibility.

Jefferson Community College's jurisdiction and discipline will be limited to contact, which occurs on JCC premises, at College-sponsored activities on and off premises, and in the pursuit of its objectives. The Clery Act has expanded the immediate jurisdiction of the campus to include adjacent properties to the College.

The College has the right and duty to develop principles that provide the basis for regulations, policies, and procedures to ensure a safe and open educational environment.

Students who violate civil law may be subject to penalties prescribed by civil authorities as well as by the College. The special authority of Jefferson will be asserted only when the College is endangered or in the event that the law is broken while attending a College-sanctioned activity (i.e., required attendance for class).

When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student.

If the alleged offense is also the subject of a proceeding before a judicial body under the Code of Conduct, however, the College may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the College community.

The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus or in College-sponsored learning or program environments and in the conditions imposed by criminal courts for the rehabilitation of student violators.

The objectives of this community can only be achieved through rational dialogue, intellectual integrity, mutual respect for varied opinions, and a careful preservation of an atmosphere free of repression and disruptive behaviors.

  1. FREEDOM OF ACCESS TO HIGHER EDUCATION

    The admission policies of colleges and universities are a matter of institutional choice, provided that each college and university makes clear the characteristics and expectations of students which it considers relevant to success in the institution’s program. Under no circumstances will a student be barred from JCC on the basis of race, color, religion, national origin, sex, age, handicap or any other basis prohibited by law. Thus, within the limits of its facilities, JCC is open to all students who are qualified according to its admission standards. The facilities and services of JCC are open to all of its enrolled students, and the College will use its influence to secure equal access for all students to public facilities in the local community.

  2. IN THE CLASSROOM

    At Jefferson Community College, the instructor encourages free discussion, inquiry, and expression both in the classroom and in conference. Student performance is evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.

    1. Protection of Freedom of Expression

      Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion. They are, however, responsible for learning the content of any course of study in which they are enrolled.

    2. Protection Against Improper Academic Evaluation

      Students at Jefferson Community College are protected against prejudiced and capricious academic evaluation. Any student who feels unjustly evaluated or unfairly penalized by an instructor with regard to the College’s Academic Honesty Policy may follow the steps outlined below within four months after the incident in question.

      Step I. The student will present any grievance to the instructor involved and ask for a complete review of the evaluation procedures under question.The instructor will explain to the student the procedures used for evaluation of the student’s performance.

      Step II. If the student is not satisfied with the explanation given by the instructor, a review and determination of the grievance by the appropriate Associate Dean may be requested. The Associate Dean will hold a hearing after receiving the request. The student may elect to have a student advocate appear and present oral statements. The Associate Dean will make a decision after hearing all of the evidence and communicate it to the student and the instructor involved.

      Step III. The student may appeal the decision of the Associate Dean and request a review and determination of the grievance by the Academic Dean.The Academic Dean will take such steps as deemed appropriate to gather all of the evidence pertaining to the grievance and render a decision. This decision will be communicated to the student, the instructor involved, and the Associate Dean.The decision of the Academic Dean will be final and binding.

      All teaching faculty are required to submit the objectives of the course and an outline of the material to be covered to the Academic Dean’s Office. This document will also be distributed to each student enrolled in the course.

    3. Protection Against Improper Disclosure

      The student-faculty relationship is a confidential one. Information about student views, beliefs, and political associations acquired in the course of an instructor’s work as teacher, advisor or counselor will be considered confidential. Judgments of a student’s ability and character may be provided when required by law or authorized by the student.

      A student who feels that the confidential teacher-student relationship has been violated may present a grievance to the Judicial Board of Review as outlined in Section VI, Paragraph D, of this Statement.
  3. OUT OF THE CLASSROOM

    Jefferson Community College provides a process to deal with student concerns regarding non-academic complaints. This process allows for both informal and formal resolution in addressing actions and decisions made from an administrative policy perspective. Students are encouraged to resolve complaints informally and to use the formal procedure only when an informal resolution is not possible.

    Informal Complaint

    • The goal of the informal complaint process is to come to an understanding between the student and the College regarding the reason(s) why a particular action was taken.
    • The student is encouraged to first discuss their complaint with the particular staff or faculty member directly involved before taking the matter to the next administrative level.
    • If resolution cannot be reached, the student may raise the issue with an immediate supervisor or department head, who will listen to the concern and confer with the appropriate parties involved. If a satisfactory resolution does not result, the student may file a formal written compliant with the appropriate Dean.

    Formal Complaint

    • The goal of the formal complaint process is to reach a decision regarding a student's complaint that is based on the facts of the case and the application of College policies and practices.
    • The formal written compliant must contain the following information:
      1. Name of the student filing the formal complaint.
      2. Date(s) of the incident(s).
      3. Nature of the complaint and statement of the facts in support of the complaint.
      4. Resolution being sought by the student(s).
      5. Student's signature.
      6. Date complaint is submitted
    • The student will submit the written compliant to the appropriate Dean for review and consideration.
    • The Dean will investigate the student's complaint, confer with other parties involved, and reach a decision regarding an appropriate course of action.
    • The Dean will notify the student in writing of the decision relative to the student's complaint.

    Appeal:

    • A student may submit a written appeal to the President for the following reasons:
      1. Procedural error or irregularity regarding interpretation of College policy.
      2. New information not previously considered.
      3. Bias that may have affected the decision.

  4. STUDENT RECORDS

    At Jefferson Community College, transcripts of education records contain only information about academic status. They also include any disciplinary action which affects the student’s eligibility to re-register. JCC will make every endeavor to keep the student’s record confidential and out of the hands of those who would use it for other than legitimate purposes. All members of the faculty, administration, and clerical staff will respect confidential information about students which they acquire in the course of their work. The College adheres to the Family Educational Rights and Privacy Act of 1974, as amended by Public Law No. 107-56, section 507 of the USA Patriot Act (H.R. 3162), which provides for disclosure of educational records to the Attorney General in a terrorism investigation or prosecution.

    1. General Provisions

      1. Students are notified that the following categories of data about them have been designated by the College as public directory information.

        Directory Information

        1. student’s name, parents’ names, home and local addresses, and telephone numbers

        2. dates of enrollment and degree(s) earned, if any, and honors received

        3. major field of study

        4. date and place of birth

        5. educational agency or institution most recently attended

        6. participation in officially recognized activities and sports

        7. weight and height of members of athletic teams

        8. election district

        9. student schedule

      2. A student may direct that any or all of the directory information listed above be released only with his/her prior consent, by completing the appropriate form at the time of registration for each semester.

      3. Official permanent student records containing all pertinent information related to student achievement and progress are maintained by the College Registrar. These are available to the College’s teachers, administrators, and support staff who have legitimate educational interests in them. These records are reviewed and periodically expunged as provided by the State University of New York policies. Records of financial transactions between students and the College are maintained by the Bursar's Office, and records in support of financial aid applications are maintained in the Financial Aid Office.

      4. A student will be provided an opportunity for a hearing with the College, through the Registrar’s Office, to challenge the content of his/her records,in order to insure that these records are accurate, and are not in violation of the student’s privacy or other rights. Correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained there in is possible at this time. A written explanation by the student (parents) respecting the content of such records is added to the file.


    2. Disclosure to Students

      1. Students are entitled to a transcript of their academic record, labeled “Student Copy.” With limited exceptions, students are also entitled to inspect, review, and copy the education records which are maintained about them by the College. Copies of these records will be provided at a fee of 25 cents per page.

      2. Requests by students for access to their education records will be granted within forty-five days after a written request has been submitted to the College Registrar.

      3. Original documents submitted in support of an application for admission or for transfer credit will not be returned to the student, nor will they be sent else where, even at the student’s request. For example, a transcript from another post-secondary institution or a high school record will not be sent to a third institution. The student must request another transcript from the original institution. In exceptional cases where another transcript is unobtainable or can be secured only with the greatest difficulty, copies may be prepared and released to prevent hardship to the student. The student should present a signed request, and the copy will be marked as a certified copy of what is in the student’s file.

    3. Disclosure to Faculty & Administrative Officers

      1. Faculty and administrative officers of the institution, who have a legitimate interest in the material and demonstrate a need to know, are permitted to review the academic records of any student.

      2. The contents of the official folder of a student will not be allowed outside the Registrar’s Office or the Admissions Office except in circumstances specifically authorized by the Registrar or Director of Admissions.

    4. Disclosure to Parents, Educational Institutions & Other Agencies

      1. Personally identifiable information in student education records other than directory information will be released only as provided in Part 99 to Title 45 of the Code of Federal Regulations or in other applicable laws and/or regulations.

      2. Transcripts or grade reports may be released to parents or guardians of dependent students (as defined in Section 152 of the Internal Revenue Code of 1954) without the student’s prior approval.

      3. Written consent of the student is required to release a transcript or other academic information to another institution of learning or philanthropic organization.

      4. Requests from research organizations making statistical studies may be honored without prior approv al of the student, provided no information revealing the student’s name or identity is released to persons other than representatives of such organizations. Such information will be destroyed when no longer needed for such research.

    5. Disclosure to Government Agencies

      1. Properly identified representatives from federal, state, or local agencies may be given any of the directory information listed above.

      2. Government investigative agencies as such have no inherent legal right to access student files and records. When additional information is requested, it will be released only on written authorization from the student. If such authorization is not given, the information will be released only on court order or subpoena. If an order or subpoena is served, the student will be notified of subpoenas in advance of compliance by the College.

      3. Student deferment certificates will be supplied to the Selective Service System only with the written permission of the student.

    6. Disclosure to Other Individuals and Organizations

      1. Information furnished to other individuals and organizations is limited to the items listed below under “Telephone Inquiries.” Additional information, such as transcripts, require written permission of the student

    7. Disclosure in Response to Telephone Inquiries

      1. Only the following directory items may be released in response to telephone inquiries:
        1. verification of the student’s current enrollment

        2. the curriculum in which the student is or was enrolled

        3. the student’s class year

        4. date(s) of any degree(s) earned and honors received

      2. Requests for other student directory information such as address, telephone number, or immediate whereabouts, will be referred to the Registrar for appropriate response.

    8. Student Directories

      1. Students may choose to have their addresses and telephone numbers omitted from student directories.

    9. Disclosure by Other Offices of the Institution

      1. The foregoing guidelines apply to any request for academic information about students or former students received by any member of the faculty, administration, or clerical staff. The guidelines are intended to protect the individual’s right to privacy and the confidentiality of student academic records throughout the institution.

      2. All institutional personnel are directed to refer requests for transcripts, certifications or other informa tion to the Registrar’s Office or Admissions Office. Faculty members and other institutional offices may only acknowledge, when appropriate, the receipt of requests for student information, or release as much information as is appropriate in their role as faculty advisor, club advisor, instructor, etc.

    10. Withholding Information

      1. The College may withhold grade reports, transcripts, certifications, or other information about a student for disciplinary reasons, unpaid financial obligations or any other reason described in this Statement.

  5. STUDENT AFFAIRS - Rights and Obligations of Civil and Academic Citizenship

    Disputes arising from interpretations of Student Affairs, Freedom of Inquiry and Expression will be referred to the Dean for Enrollment Management and Student Life. If a violation of the Code of Student Conduct is alleged the Dean will follow Procedural Standards found in section one of the Code.

    As members of this College community students retain national citizenship, but also acquire additional obligation as defined in the Student Handbook and the College Catalog including but not limited to fiscal responsibility.

    Definitions of freedoms within the academic community are described below:

    5.1 Assembly/Protest
    Students have the right to assemble in an orderly manner and engage in peaceful protest, demonstration and picketing providing that it does not disrupt the function of the College, threaten the health or safety of any person, or violate the Code of Student Conduct. In order to have a protest or assembly on campus, other than at the Hyde Park are, a student must complete a project registration form with the Student Development and Activities Center. (see Hyde Park Area).

    5.2 Freedom of Association
    Individual students are encouraged to join existing groups or to organize themselves into new associations, following established procedures. By permission of the Board of Trustees, the Student Government approves organized groups.

    Persons outside the JCC community will have no voice in membership policies and actions of organized groups.

    The College will recognize bona fide organized groups. Organizations with external educational affiliation such as the Institute of Management Accountants and Phi Theta Kappa will qualify for campus recognition, provided they also meet the requirements as stated in this document.

    Organized groups are encouraged to secure campus-affiliated advisors. Confirmed inability to acquire an advisor does not preclude campus recognition. The advisor may not vote, but serves as a mentor.

    Groups requesting recognition by the College must present a proposed constitution to the Student Government containing a statement of purpose, criteria for membership, and procedural rules. Organized groups will not be required to submit a membership list as a condition of recognition.

    The constitutions of all organized groups, including those affiliated with external groups, must contain a clause stating that the organization is open to all students without respect to race, creed, color, national origin, sex, age, sexual orientation, handicap or any other basis prohibited by law.

    The constitutions of all organized groups, including those affiliated with external groups, must contain a clause stating that the organization prohibits reckless or intentional endangerment to the mental or physical health of individuals by forced consumption of any substance for the purpose of initiation into or affiliation with any organization. Section 6450 of the Education Law of the State University of New York mandates this statement.

    5.3 Freedom of Inquiry and Expression
    Students and organized groups are free to examine and discuss topics of interest and to express opinions both publicly and privately provided that it does not violate the Code of Student Conduct.

    Free expression must not interfere with the regular operations of the College, which include the normal commitments of the students and staff of the College. Prohibited acts are as follows:

    • 5.3.1 Disruption of classes,

    • 5.3.2 Blockage of entrances and exits,

    • 5.3.3 Destruction of College or personal property, and

    • 5.3.4 Impediment of communications.

    Student organizations are allowed to invite any person they choose to perform or speak on campus. There are procedures in place designed to insure that there is adequate preparation for the event, that the occasion is conducted in an appropriate manner, and that sufficient financial backing is available. Student organizations are prohibited from signing any contracts with performers or speakers and must work with Student Development and Activities Center for this function. An individual student can request use of the facilities just as any non-College affiliated individual or organization.

    The College's control of campus facilities will not be used as a device for censorship. It is understood that sponsorship of performers or speakers does not necessarily imply approval or endorsement of the views expressed by the sponsoring group or by the College.

    5.4 Governance/Participation
    Students have the right to establish representative governmental bodies and to participate in College and State University of New York governance following the rules and regulations of the College. Students who accept representative roles in the governance of the College have the duty to participate responsibly.

    Students are free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. The student body participates in making and applying institutional policy affecting academic and student affairs by means of the student government. Student Government's role is stated clearly in their constitution and when disputes arise regarding this role it will be handled as proscribed in the Code of Student Conduct.

    5.5 Hyde Park Area
    A "Hyde Park" area has been established in the area surrounding the cannon, bordered by, but not including, the sidewalks. Jefferson students are free to support causes by orderly means, which do not disrupt the regular and essential operation of the College and do not violate the Code of Student Conduct. In their public expressions or demonstrations, students or student organizations speak only for themselves. Issues expressed in the Hyde Park area do not need prior registration (see Assembly/Protest).

    5.6 Privacy/Search/Seizure
    Students have the right to privacy and to be free from unreasonable searches or unlawful arrest on College property. Students have the responsibility to respect the privacy of other members of the College community in their person and property.

    5.7 Quality Environment
    Students have the right to expect a reasonably safe environment. Students have the responsibility to protect and maintain that environment and to reasonably protect themselves from all hazards.

    5.8 Religion/Political Association
    Students have the right to exercise their religious convictions and associate with religious, political or other organizations.

    This association must:

    • 5.8.1 Respect the rights of other members of the community with differing religious convictions and associations

    • 5.8.2 Comply with the Code of Student Conduct and State University policies on use of facilities for religious and political purposes.

    5.9 State of Campus Emergency
    When all other means for settling serious campus disputes have been exhausted, or where the on-campus situation presents an immediate danger to College property or to members the President is empowered to declare a State of Campus Emergency. The President or a duly appointed representative will make this declaration in consult with the College's President's Cabinet.

    Under a Declared State of Campus Emergency, the President will have full discretion and authority to take such steps as (s)he deems necessary to restore order and resume the College's normal operation. This will include the use of all appropriate law enforcement and control agencies and legal injunctions, restraining orders, or all other legal means to end the Emergency.

    Due process will be re-established following the restoration of law and order to the campus. When the State of Emergency ends and normal College functions resume Presidential actions will be reported in writing to and evaluated by the Board of Trustees.

    5.10 Student Publications
    Student publications are Student Fee-financed and record events, state policies, and contain information and are a valuable aid in establishing and maintaining intellectual exploration and an atmosphere of free and responsible discussion. They are a means of bringing student concerns to the attention of the faculty and administration. They also formulate student opinion on various issues on the campus and in the world at large.

    At JCC, student publications are free of censorship. Editors and managers are free to develop their own editorial policies.

    Disputes arising from interpretations will be directed to the Dean for Enrollment Management and Student Life and will follow prescribed proceedings. Editors and managers of student publications are protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content.

    All student publications financed by student fees should explicitly state that the opinions expressed are not necessarily those of the College, State University of New York, or its student body.

  6. CODE OF STUDENT CONDUCT

    Procedural Standards in Disciplinary Proceedings for Students

    1.     Preamble 

    Jefferson Community College students enjoy all the rights and privileges conferred and guaranteed to them by federal and state laws as well as accept the inherent responsibilities implied by these rights.  Students are expected to conduct themselves in a manner which reflects positively on the College and on themselves and to follow all College policies and regulations.

    2. Definitions

    2.1.          The term "College" refers to Jefferson Community College.

    2.2.          The term “Code” refers the Student Code of Conduct.

    2.3.          The term "student" refers to any person taking courses at the College at the time of a violation of the Code, as well as individuals on College premises for any purpose related to registration for enrollment. Persons who are not officially enrolled for a particular term but who have a continuing relationship as a student with the College are considered "students."

    2.4.          The term "college official" refers to any person employed by the College performing assigned faculty, campus safety and security, administrative, or professional responsibilities.

    2.5.          The term "Judicial Board of Review (JBR)" refers to the seven student members and three faculty/staff members that make up one of the hearing bodies.

    2.6.          The term "college premises" includes all land, buildings, facilities, or other property in the possession of or owned, used, or controlled by the College.

    2.7.          The term "judicial body" applies to the Judicial Board of Review, Administrative Hearing, Convener, or any person or persons authorized by the Dean for Enrollment Management and Student Life to determine whether a student has violated the Code and to recommend sanctions when necessary.

    2.8.          The term "judicial advisor" refers to any individual assigned to advise a judicial body and/or student.

    2.9.          The term "complainant" refers any persons or person who has filed disciplinary charges against a student. If the College is the complainant, then the Dean for Enrollment Management and Student Life will appoint a person to represent the College.

    2.10.       The term "accused student" refers to any student who has pending disciplinary charges filed against him/her.

    2.11.       The term “College-sponsored activity” refers to any activity on or off campus which is initiated, aided, authorized or supervised by the College or its affiliate organizations.

    2.12.       The term “preponderance of evidence” refers to a standard used in civil trials as a criterion for determining the weight of evidence, in particular what evidence is more credible and convincing and more reasonable and probable.  This evidence can be circumstantial in nature.

    2.13.       The term “appeals review officer” refers to the College President, Dean for Enrollment Management and Student Life, or designee.

    2.14.       The term “notice against trespass/persona-non-grata” refers to an individual who is no longer welcome on campus which may result in arrest for trespass.

    2.15.       The term “convener” refers to a professional staff member authorized by the President of the College to administer the Student Conduct Code and to impose sanctions upon students found to have violated the Code. The convener may be any of the following:

    2.15.1.  The Dean for Enrollment Management and Student Life or designee who each may also serve as a judicial board in its entirety, and/or

    2.15.2.  The Judicial Board of Review comprised of three faculty/staff members, one of who is the convener, and, seven students.

    2.16.       The term “notice meeting” refers to a one-on-one meeting between the student and the Dean for Enrollment Management and Student Life or designee.  The presence of an attorney and/or written materials submitted by an attorney in representation of the student client is prohibited.  In the Notice Meeting with the Dean or designee, the procedures and charges will be explained, documentation and evidence will be reviewed, and the student will be provided the opportunity to have all pertinent questions answered. The disposition of the case may be finalized at this level if all parties agree.

    2.17.        The term “community member” refers to any administrators, staff, faculty and students at Jefferson.

     

    3. Jurisdiction

    JCC reserves the right to initiate disciplinary proceedings for on- and off-campus incidents and infractions.  Generally, College jurisdiction and discipline shall be limited to conduct which occurs on College property and/or at College-related events on or off campus including, but not limited to, field trips, athletic events, or any action which adversely affects the College community and/or the pursuit of its objectives. 

    Initiation of a conduct review process for an off-campus violation may occur when the violation breaks the Code, the behavior adversely affects the educational and service functions of the College, or the violation adversely affects the suitability of the student as a member of the College community.

    College disciplinary proceedings may be instituted against a student charged with a violation of a law which is also a violation of the Code if both violations result from the same factual situation, without regard to the status of civil litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

     

    4. Judicial Authority

    The authority for student conduct rests with the Board of Trustees.  This authority is delegated to the President of the College who further delegates the operation of the judicial system to the Dean of Enrollment Management and Student Life or designee.  The Dean or designee may work with off-campus authorities prior, during, or after an investigation is started.  The Dean or designee and the judicial bodies function according to the principles and processes outlined in the Code.

     

    5. Prohibited Conduct

    Violations of published College policies, rules and regulations; violations of SUNY Rules for the Maintenance of Public Order; and violations of federal and state laws not explicitly mentioned in this Code are included in prohibited conduct. These behaviors are prohibited in any environment within the jurisdiction of the Code, (whether in real time, online, or any other form of media).

    5.1.          All forms of academic misconduct including, but not limited to, cheating, fabrication, plagiarism, giving false identification or aliases, and facilitation of academic dishonesty.

    5.2.          All forms of dishonesty, including, but not limited to fabricating of information or knowingly furnishing false information to the institution, electronic tampering, forgery, alteration or use of College documents or instruments of identification with intent to defraud, reporting a false emergency to the College or to College officials acting in the performance of their duties, or tampering with the election of any College-recognized student organization.

    5.3.          Tampering with or the unauthorized use of fire safety equipment such as extinguishers, smoke detectors, alarm-pull stations or emergency exits, including activating a false fire alarm, failing to evacuate a facility during the sounding of a fire alarm or upon the direction of a staff member, or attempting to re-enter the building without permission of the proper authorities.

    5.4.          Any action which is considered needlessly or potentially damaging to College property--including furniture, electronic equipment, floor coverings, walls, doors, etc..

    5.5.          Mistreatment of an individual or group, including physical or verbal abuse and harassment against an individual or group because of race, color, national origin, age, ancestry, gender, disability, religion, religious practices, or sexual orientation.

    5.6.          Disruption or obstruction of teaching, research, administration, services (including auxiliary services), disciplinary proceedings, or other College activities, including public-service functions on or off campus.

    5.7.          Physical abuse, verbal abuse, threats, intimidation, harassment, stalking, coercion, and/or other conduct which threatens or endangers the health or safety of any person. Behavior that recklessly or intentionally endangers the mental or physical health of another person.

    5.8.          Attempted or actual theft of and/or damage to the property of the College or of a member of the College community or to any other personal or public property.

    5.9.          Hazing, defined as an act which endangers the mental or physical health or safety of a student or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization, regardless of the express or implied consent of the victim.

    5.10.        Failure to comply with, obstruction of, or resistance to, following the directives of College officials, Campus Security, or law enforcement officers acting in performances of their duties including failure to identify oneself to these persons when requested to do so.

    5.11.        Unauthorized possession, duplication, or use of keys to any College premise or unauthorized entry to or use of College premise.

    5.12.        Violations of rules or regulations, including, but not limited to rules regarding computer use, sexual harassment, athletics facilities, library, other office policies, and the activities listed below:

    5.12.1.        Gambling of any form on campus without appropriate licensure.

    5.12.2.        Smoking in College buildings and violations of the College smoking and tobacco use policies.

    5.12.3.        Bringing pets of any kind on campus except service animals, animals for educational purposes, or sponsored events.

    5.12.4.        Skateboarding, roller skating (including shoes with wheels), or similar activities (such as remote control cars) that are considered to be potentially and needlessly hazardous to both operators and bystanders.

    5.12.5.        Using unapproved projectiles, including, but not limited to, snowballs, Frisbees, baseballs, and boomerangs inside buildings.

    5.13.        Use, possession, sale, or distribution of alcohol, narcotics, or other controlled substances except as expressly permitted by laws and campus rules.

    5.14.        With the exception of police officers or other law enforcement officials acting in the performance of their duties, possession, use, or manufacture of a firearm or other weapon, including explosives, dangerous chemicals, fire-bombs, other destructive devices and possession of a weapon in a vehicle on campus.

    5.15.        Participation in a demonstration which disrupts the normal operation of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt schedules and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement either pedestrian or vehicular, on campus or at College-sponsored or supervised functions.

    5.16.        Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions involving the College.

    5.17.        Theft or other abuse of technology on campus, including, but NOT limited to the following:

    5.17.1.        Unauthorized entry into a file or system to use, read, or change the contents or for any other purpose.

    5.17.2.        Unauthorized transfer of a file.

    5.17.3.        Unauthorized use of another individual's identification and password.

    5.17.4.        Use of technology facilities to interfere with normal operation of the College computing system.

    5.18.        Abuse of the College judicial system, including, but not limited to the following:

    5.18.1.        Failure to obey the summons of a judicial board or College official.

    5.18.2.        Falsification, distortion, or misrepresentation of information before a judicial board.

    5.18.3.        Disruption or interference with the orderly conduct of a judicial proceeding.

    5.18.4.        Requesting a judicial proceeding knowingly without cause.

    5.18.5.        Attempting to discourage an individual's proper participation in, or use of, the judicial system.

    5.18.6.        Attempting to influence the impartiality of a member of a judicial board prior to and/or during the course of the judicial proceeding.

    5.18.7.        Harassment (verbal or physical) and/or intimidation of a member of a hearing committee prior to, during, and/or after a judicial proceeding.

    5.18.8.        Failure to comply with the sanction(s) imposed under the Code.

    5.18.9.        Influencing or attempting to influence another person to commit an abuse of the judicial system.

    5.19.        Behavior that is, or could be, violation of federal, New York State, or local municipal code laws where such violations have adverse effect on the College and the College community.

     

    6.  Student Groups and Organizations

    Student groups and registered organizations must follow the College rules (see section 5); if these rules are broken (not adhered to), they may be charged with violations of this Code either as a collective unit, as individual members, or as both.  As such, the Dean for Enrollment Management and Student Life or designee will select a member of the group as the spokesperson for any disciplinary proceeding involving the group.

    Sanctions for student groups or organizations may include a loss of privileges, a loss of funding opportunities, a loss of recognized student group or organization status, or other discretionary sanctions, approved through the Dean for Enrollment Management and Student Life or designee.

    For matters in which a student group or organization would not face a suspension or expulsion from the College, the incident will be resolved through a disciplinary meeting between the group and the designated person hearing the matter.

    For matters which may result in suspension or expulsion of a student group or organization, the incident can be resolved through a hearing (Administrative or JBR see section 12).

     

    7. Crimes of Violence

    7.1  Definitions: A crime of violence is defined as the following:

    7.1.1.      An offense that has an element of the use, attempted use, or threatened use of physical force against a person or property of another, or

    7.1.2.      Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

    7.2.      According to the Family Educational Rights and Privacy Act, an institution may release to an alleged victim of a crime of violence the results of any disciplinary hearing conducted against the alleged perpetrator of the crime.  The alleged victim only has access to the results of the hearing.  Other information, witnesses, other victims and evidence will be kept confidential.  Victims are entitled to information only on the name of the alleged perpetrator, the violation committed, and the sanctions imposed, if any.

     

    8. Sanctions 

    Provisional records of student disciplinary actions will be held and maintained within the Office of the Dean for Enrollment Management and Student Life. 

    Any student found responsible for violating College policy may have one or more of the sanctions stated below imposed. The sanctions listed in this section are not inclusive, but merely serve as guidelines and may be imposed in any combination. College sanctions are independent of other sanctions that may be imposed as a result of civil or criminal proceedings.

    8.1.        Definitions

    8.1.1.         Admonition/Reprimand: an oral statement to the student offender who has violated the Code.

    8.1.2.         Written Warning: written notice to the student that continuation or repetition of misconduct may be cause for disciplinary action.

    8.1.3.         Restitution: student reimbursement for damage or misappropriation of property to the College or other owners.  Reimbursement may take the form of compensation for damages or an appropriate period of service.

    8.1.4.         Censure: a written reprimand for specific conduct violations that may include a period of probation.

    8.1.5.         Probation: formal written notification to the student that any subsequent violation of College rules and regulations may result in suspension or expulsion.

    8.1.6.         Restrictive Measures: exclusion from specific use of facilities, services, or activities for a designated period of time.

    8.1.7.         Administrative Withdrawal: administrative separation from a specific course. The student will receive no credit for a class from which he/she has been administratively withdrawn.

    8.1.8.         Disciplinary Suspension: temporary suspension of the student from activities, classes, and/or the College for a specific period of time (as define by 8.1.8.1 – 8.1.8.4). The term of reinstatement will be set forth in the notice of suspension.   

    8.1.8.1. Exclusion from one or more classes or activities (sports, student government, field trips, drama, etc.) for a specific period.

    8.1.8.2. Exclusion from one or more classes or activities for the remainder of the semester.

    8.1.8.3. Exclusion from any of the College-owned or -operated premises. The student will be barred from College premises, classes, and other College-sponsored activities on or off campus during the suspension period.

    8.1.8.4. Exclusion from all classes and activities of the College for one or more terms/semesters.

    8.1.9.         Disciplinary Expulsion: permanent separation of the student from the College. The student will be barred from College premises, classes, and other College ­sponsored activities.

    8.1.10.     Revocation of Admission and/or Degree: revocation of admission to or of a degree awarded from the College due to fraud, misrepresentation, or other violations of College standards in obtaining the degree if such violations were committed by a student prior to graduation.

    More than one sanction may be imposed for any single violation.  Other than College suspensions and expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record. 

    Students who are expelled or suspended from the College for academic or behavioral reasons may forfeit all technology privileges by consultation of the Dean for Enrollment Management and Student Life or designee and the Dean for Institutional Technology or designee. 

    Remedial actions such as counseling and alcohol and drug evaluations may be required in conjunction with any of the above sanctions.

    Penalties less severe than suspension and disciplinary fines of $200 or less may be implemented by the Dean for Enrollment Management and Student Life or designee.

    Penalties of suspension or more will be reviewed by the President prior to implementation.

     

    9. Repeat Offenders

    When a student is charged with any violations of College rules and regulations, the student’s disciplinary record is subject to full review by the convener adjudicating the case. In addition, hearing bodies adjudicating a case will review a student’s disciplinary record on any and all occasions after the student is found responsible for any violation of the College rules and regulations.  The reason for such review is that the student’s disciplinary record is important in determining an appropriate judicial sanction in the current case.  Such review will occur regardless of whether the sanction for prior offenses is active or closed.

     

    10. Administration of the Code

    The judicial process is handled through the Dean of Enrollment Management and Student Life or designee. Responsibilities include, but are not limited to, the following:

    10.1. Reviewing complaints and determining charges to be filed pursuant to the Code.

    10.2. Investigating cases and conducting disciplinary assessments.

    10.3. Determining the type of hearing for each case.

    10.4. Interviewing and informing parties involved in disciplinary proceedings.

    10.5. Resolving disputes and contested issues that arise from alleged cases of student or group/organization misconduct.

    10.6. Maintaining all student disciplinary records resulting from enforcement of the Code.

    10.7. Collecting and assembling data concerning student judicial system actions.

     

    11.  Judicial Policies and Procedure

    Accused students will be informed of the nature of the charges against them and receive due process; students will be given a fair opportunity to refute the charges; the College will not be arbitrary in its actions; and provision for appeal of a decision is guaranteed.

    The following disciplinary procedure determines whether or not regulations have been violated:

    11.1. The student will be informed of the charges in writing by electronic mail, certified mail, or hand delivery to the student's class and will also be notified of the time and date to report to the Dean for Enrollment Management and Student Life or designee for the Notice Meeting.  A copy of all charges shall again be presented to the accused student in written form at the Notice Meeting. A time shall be set for a hearing if necessary.

     

    11.2. The Dean for Enrollment Management and Student Life or designee may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively in a Disciplinary Conference or Notice Meeting by mutual consent of the parties involved.

     

    12.  Charging A Student with Misconduct

    12.1.  Any member of the College community, including administrators, staff, faculty and students, may file charges against any student for misconduct.

    12.2.  The alleged charges may be submitted using the Voluntary Statement form to the Dean for Enrollment Management and Student Life or designee.

    12.3.  The Dean of Enrollment Management and Student Life or designee, after reviewing a complaint or on his/her own initiative, may initiate the disciplinary process by giving the accused student or student organization written notice of the alleged violation(s). The written notice shall describe the alleged violation(s) and inform the student, students, or student organization about the reported circumstances underlying the alleged violation(s). The notice shall state the date, time, and place for a Notice Meeting.

     

     

    13.  Resolution of Charges

    13.1.     Notice Meeting

    At the Notice Meeting, the student and the administrator will discuss the relevant information from the incident as well as any other information that the student or the administrator deems appropriate.

    13.1.1.       The accused student shall attend the meeting.

    13.1.2.       The meeting will be conducted in private with the Dean of Enrollment Management and Student Life or designee, an administrative assistant, and involved student(s) only.  The Dean for Enrollment Management and Student Life or designee may request the presence of security personnel for all interactions related to student misconduct.

    13.1.3.        If an accused student fails to schedule or appear at the meeting, a hearing may be scheduled.

    13.1.4.       Notice meetings may be rescheduled at the discretion of the Dean of Enrollment Management and Student Life or designee.

    13.1.5.       The Dean of Enrollment Management and Student Life or designee may withdraw any charges deemed to be without basis.

    13.1.6.       The Dean of Enrollment Management and Student Life or designee may conduct an investigation to determine if the charges have merit and/or it they can be disposed.

    In the event that an administrator determines that additional information or further investigation is required in order to reach a decision, the outcome of the notice meeting will be delayed pending this investigation. The administrator will follow up with the student to arrange any additional needed meeting(s) and/or to apprise the student of the investigations in progress. The process will conclude with a final decision regarding the Notice Meeting.

    13.2. Notice Meeting Outcomes: The notice meeting will result in one of the following possible outcomes:

    The student may accept responsibility for the violation or may be found responsible by the Dean for Enrollment Management and Student Life or designee based on a preponderance of the evidence. A sanction may be verbally indicated by the administrator, and a written notification will follow within ten (10) College business days. 

    If there is no resolution during the notice meeting, the Dean for Enrollment Management and Student Life or designee will choose one of the following options to dispose of the case:

    13.2.1.  An Administrative Hearing:  An Administrative Hearing before the Dean for Enrollment Management and Student Life or designee and appropriate staff and administrators. The Dean of Enrollment Management and Student Life or designee will schedule and conduct the hearing and will determine from the weight and credibility of the statements and evidence presented whether the student has more likely than not violated the Code and assign sanctions; or

    13.2.2.  A Judicial Board of Review Hearing: The Dean for Enrollment Management and Student Life shall schedule the hearing. A board of faculty/staff and students will conduct the hearing and will determine from the weight and credibility of the statements and evidence presented whether the student has more likely than not violated the Code and assign sanctions.

    The Judicial Board of Review will be composed of three faculty/staff members (appointed by the President) and seven matriculated students (appointed by the Student Government President). Each hearing committee must consist of at least two faculty/staff members, one of whom is the convener, and three students from the board, one of whom is the chief justice. A judicial advisor must be present at all hearings.

    The convener of the Board will be a member of the faculty/staff and will be appointed by the Dean for Enrollment Management and Student Life or designee.  The chief justice will be a student and selected by the student membership.

     

    14.  Hearing Guidelines

    These guidelines will be followed for all hearings to protect the rights of the students and the campus.

    14.1.    Hearings shall be closed to the public.

    14.2.    Admission of any person to the hearing shall be at the discretion of the convener.

    14.3.    In hearings involving more than one accused student, the Dean for Enrollment Management and Student Life, designee, or any of the individually accused students may ask for the hearings to be conducted separately.  The Dean for Enrollment Management and Student Life or designee makes the final decision.

    14.4.    The complainant and the accused have the right to be assisted by an advisor. The complainant and the accused student are responsible for presenting their own cases and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a hearing body.

    14.5.    A hearing board is not a court of law but rather is a board whose mission is to educate.  The College has an established system of procedural due process. Rulings of the hearing board are based on the "preponderance of evidence" rather than beyond a reasonable doubt.

    14.6.    There is no statute of limitations for infractions for current students.

    14.7.    The burden of proof rests upon the individual(s) bringing the charge(s).

    14.8.    The complainant and the accused are given an opportunity to rebut the statements of witnesses, dispute unfavorable inferences, testify, and present witnesses on their behalf.

    14.9. The student charged or a duly designated representative will be furnished prior to the hearing with a copy of the statements of witnesses who will be produced to testify at the hearing. This practice will not preclude the testimony of witnesses who were unknown at the time of such demand for a hearing, and copies of statements of such witnesses will be provided as soon as practicable prior to their testimony.

    14.10.The decision will be based solely upon matters introduced into evidence before the hearing. Improperly acquired evidence will not be admitted.

    14.11.There will be a verbatim record of the hearing (the medium is at the discretion of the convener).

    14.12.The convener will render a decision within three working days.

    14.13. Judicial body members who do not feel that they can be impartial during in a particular case will not sit in judgment during the proceedings. Temporary voting alternates to the JBR can be appointed by the Student Government President or College President.

    14.14. The College reserves the right to require the presence of security personnel before, during, and after all interactions related to student misconduct.

     

    15.  Appeal Hearing

    A decision reached or sanction imposed by a judicial body may be appealed by the accused students or complainants to the appeal hearing officer. Such appeals shall be in writing and shall be delivered to the Dean for Enrollment Management and Student Life or designee. The written appeal must include a statement showing why the appeal has merit.  A personal meeting with the student filing the appeal will be at the discretion of the appeal hearing officer.  The appeal hearing officer will be appointed by the College President.

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

    15.1.  Procedural Error: To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with the procedures giving the complaining party a reasonable opportunity to prepare and present evidence supporting the allegations and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations. Deprivation of due process rights shall be considered procedural error.

    15.1.1.  Unsupported Conclusion: To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish a preponderances of evidence that violation of the Code occurred.

    15.1.2.  Disproportionate Sanction: To determine whether the sanction(s) imposed were appropriate for the violation of the Code which the student was found to have committed.

    15.1.3.  New Evidence: To consider new evidence sufficient to alter a decision or other relevant facts not brought out at the original hearing because such evidence and/or facts were not known to the person at the time of the original hearing.

    15.2.  The appeal officer will approve, disapprove, modify, or mitigate the original findings, determination and/or sanctions.

     

    16.  Summary Suspension from the College

    The President may, subject to prompt review, summarily suspend a student from the College if, in his/her judgment, such action is necessary for protecting the health, safety, and welfare of the College or any member of the College community. Such suspension is also appropriate if the presence of the accused student threatens to disrupt the normal functions of the College.

    Summary suspensions must be reviewed through a hearing process within a reasonable time frame by the Dean for Enrollment Management and Student Life or designee.  The student may request a notice meeting to appeal the summary suspension following the guidelines outlined in Section 12 (Resolution of Charges).

    Persons under summary suspension shall not be allowed on the Jefferson Community College campus unless given permission by the Dean for Enrollment Management and Student Life or designee. 

     

    17.  Disciplinary Records

    Any time a student is found responsible for any violation of the College rules and regulations and as a result is sanctioned through a judicial hearing process, the sanction becomes a part of the student’s disciplinary record.  A student disciplinary record is a confidential record that is maintained throughout a student’s tenure at Jefferson; judicial records may be destroyed four years after graduation or four years following a withdrawal from the College. A student may request the information be removed after four years. 

    Note: The Dean for Enrollment Management and Student Life will maintain all student disciplinary records. Such records will be kept separately from the student's academic record.

     

    Rules Governing Code

    Any amendments or revisions of the rules will be filed with the Commissioner of Education and the Board of Regents within ten days of publication.

    Any question of interpretation regarding these policies and procedures shall be referred to the Dean for Enrollment Management and Student Life or designee for final determination.

    The Statement of Student Rights and Responsibilities shall be reviewed every three years under the direction of the Convener.

    Copies of the aforementioned provisions will be provided upon request to any students enrolled at Jefferson Community College.

    This Statement of Student Rights and Responsibilities supersedes any previously dated statement by Jefferson Community College related to student conduct and student rights and responsibilities.

    Questions

    Please direct questions to the Dean for Enrollment Management and Student Life or designee.


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