Notice:
Nov. 25, 2014:  

In recognition of the Thanksgiving holiday, all Jefferson Community College offices will close at 3:00 p.m. on Wednesday, November 26, 2014.

Student Code of 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 or the College’s affiliated auxiliary operations performing assigned faculty, campus safety and security, administrative, or professional responsibilities.

2.5. The term “Judicial Board of Review (JBR)” refers to the hearing body comprised of students, faculty, and staff. A minimum of three students and two faculty or staff will hear a case.

2.6. The term “college premises”, "college property", and "campus" includes all land, buildings, facilities, or other property in the possession of or owned, used, or controlled by the College or the College’s affiliated auxiliary operations.

2.7. The term “judicial body” applies to the Judicial Board of Review, Administrative Hearing, Hearing Officer, or any person or persons authorized by the Vice President for Students to determine whether a student has violated the Code and to recommend and administer 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 to any persons or person who has filed disciplinary charges against a student. If the College is the complainant, then the Vice President for Students or designee 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, Vice President for Students, 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. term “Hearing Officer” refers to a professional staff member of the judicial body authorized by the President of the College to administer the Student Code of Conduct and to impose sanctions upon students found to have violated the Code.  The Hearing Officer may be any of the following:

2.15.1. The Vice President for Students or designee who each may also serve as a Hearing Officer for a judicial board in its entirety.  The Vice President for Students delegates daily operation of the judicial system to the following, including, but not limited to the Dean of Students, designated Campus Hearing Officer(s) and Resident Directors.

2.15.2. The Judicial Board of Review comprised of a minimum of two faculty/staff members, one of whom is the Hearing Officer, and three students.

2.16. The term “notice meeting” refers to a one-on-one meeting between the student and the Vice President for Students 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 VP 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 Vice President for Students or designee. The Vice President for Students delegates daily operations to the college judicial officer and all related personnel including, but not limited to, the Dean of Students, Campus Judicial Officer(s), and Resident Directors. The VP or designee may work with off-campus authorities prior, during, or after an investigation is started. The VP 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. Tampering with or unauthorized use of any College or College-affiliated organization’s equipment or 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. Entering and/or utilizing all areas of the Black River that are immediately adjacent to campus property, except as permitted under supervised classroom activities.

5.20. Behavior that is, or could be, a violation of federal, New York State, or municipal laws, ordinances or regulations where such violation has an 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 Vice President for Students 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 Vice President for Students 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 Vice President for Students.

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. Restriction: Denial of access to any facility, activity, services, class or program, or denial of student privileges 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: separation of the student from the College for a specified period of time up to a maximum of two years. Suspended students are barred from College premises, classes, and other college-sponsored activities. Expiration of the suspension period is no guarantee of readmittance.

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.

8.1.11 Referral for Assistance: Recommendation that assistance is sought out from various campus services and/or outside agencies to specifically address the situation.

8.1.12 Work Assignment: Supervised work assignment.

8.1.13 Suspension or Termination of Employment: Removal from employment within the College (paid or volunteer) for a specific period of time (suspension) or permanently (termination).

8.1.14 Disciplinary Holds: Hold placed on a student’s account for disciplinary reasons preventing further registration, enrollment, and participation in college activities.

8.1.15 Disciplinary Fines: Monetary fine placed on a student’s account at Jefferson Community College.

8.1.16  Residence Hall Warning:  Residence Hall Warning serves to officially warn a student that he or she is in violation of community standards and that further violations can result in disciplinary sanctions.  This warning may be given for either a specified or unlimited period of time. 

8.1.17  Residence Hall Probation:  Residence Hall Probation serves to officially warn a student that he or she is in violation of community standards and that further violations can result in the denial of the privilege of on-campus housing.  This probation may be given for either a specified or unlimited period of time. 

8.1.18  Suspension or Removal from Residence Life:  Suspension (for a specific time period) or Removal from Residency may be given when serious and/or repeated misconduct in the residence community warrants separation of the student from that community.  A suspension or removal from Residence may include a ban from residing in or visiting any residence facility operated by the College for the stated period of the suspension.

8.1.18  Residence Hall Visitors Suspension:  Residence Hall Visitors suspension prohibits a student from inviting guests (day or overnight) to the Residence Hall for a specific or unlimited time period.

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 Vice President for Students 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 Vice President for Students or designee. Penalties of suspension or more will be reviewed by the President prior to implementation.

Upon review and recommendation by the Vice President for Students or designee, students who do not comply with sanctions may be subject to additional sanctions and blocked from further registration and enrollment at Jefferson Community College.

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 Vice President for Students 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. On a voluntary basis in certain circumstances, conflict may be resolved through mediation.

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 or residence hall mailbox and will also be notified of the time and date to report to the Vice President for students 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.

11.2. The Vice President for Students 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.

11.3 Upon consultation with the involved parties, the Vice President for Students or designee may refer the matter to mediation. Mediation is an alternative form of dispute resolution designed to reach agreement with the assistance of an objective third party. The Vice President for Students or designee will select the mediator; if the mediator is unsatisfactory to either party, the Vice President for Students or designee may select another mediator or move the case to traditional adjudication channels.

Agreement must be consensual and agreed to by all parties. If an agreement is reached, the case will be terminated when the agreement conditions are satisfied, without opportunity for appeal. If no agreement can be reached or the conditions of the agreement are unmet, the case will be referred back to the Vice President for Students or designee and handled as an unmet sanction.

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 in writing to the Vice President for Students (or designee) or Campus Security. The Director of Campus Safety and Security (or designee) will submit the charges to the Vice President for Students (or designee).

12.3. The Vice President for Students 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, an Administrative Hearing or a JBR Hearing.  A student may request a Notice Meeting prior to a hearing.

The Vice President for Students or designee may place a disciplinary hold on a student’s record when a student withdraws from the College prior to resolution of disciplinary action. A student with a disciplinary hold will not be permitted to register, enroll, or participate in college activities until the matter is resolved with the Vice President for Students or designee.

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 Vice President for Students or designee, an administrative assistant, and involved student(s) only. The Vice President for Students 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 Vice President for Students or designee.

13.1.5. The Vice President for Students or designee may withdraw any charges deemed to be without basis.

13.1.6. The Vice President for Students 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 investigation in progress. The process will conclude with a final decision regarding the Notice Meeting.

13.2. Notice Meeting Outcomes

During the Notice Meeting, the student may accept responsibility for the violation or may be found responsible by the Vice President for Students 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 Vice President for Students 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 Vice President for Students or designee. The Vice President for Students or designee will schedule and conduct the hearing and will determine from the weight and credibility of the statements and the preponderance of evidence 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 Vice President for Students 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 the preponderance of evidence whether the student has more likely than not violated the code and assign sanctions.

The Judicial Board of Review will be composed of a minimum of two faculty/staff members (appointed by the President) and three 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 Vice President for Students 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 Vice President for Students, designee, or any of the individually accused students may ask for the hearings to be conducted separately. The Vice President for Students 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 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 committee. Such appeals shall be in writing and shall be delivered to the Vice President for Students 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 committee. The appeal hearing committee 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 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 facts of the case support the decision, that is, whether the facts in the case were sufficient to establish a preponderance 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 appellate body 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 or the residence halls 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 or the residence halls. Persons under summary suspension shall not be allowed on the Jefferson Community College campus unless given permission by the Vice President for Students or designee.

A student suspended on an interim basis shall be given the opportunity to appear personally before the President or a designee within ten business days from the effective date of the interim suspension to discuss the following issues only:

  1. The reliability of the information concerning the student’s conduct, including the matter of his or her identity;
  2. Whether the conduct and surrounding circumstances reasonably indicates that the continued presence of the student on college premises poses a substantial and immediate threat to him/herself or others or to the stability and continuance of normal college functions.

The President or designee shall have authority to determine whether, in light of information presented by the affected student, the summary suspension shall continue.

The Vice President for Students or designee may, subject to prompt review, summarily suspend a student from a facility, activity, class, program or the residence halls if, in his/her judgment, the presence of the accused student threatens to disrupt the normal functions of the College.

In all cases, the student is entitled to due process and a disciplinary hearing for the alleged violation.

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. Student judicial records are confidential and retained in accordance with federal and state regulations pertaining to the destruction of records. Records for suspensions, expulsions and disciplinary holds are retained until the student reenrolls at which time the record retention time period restarts.

A student may request, in writing, to have disciplinary records purged upon graduation from the College. In these instances, the Vice President for Students or designee shall determine, on a case by case basis, if the disciplinary records should be purged based upon seriousness of the misconduct, frequency of violation, and imposed sanction.

Note: The Vice President for Students or designee will maintain all student disciplinary records. Such records will be kept separately from the student’s academic record.

18. Readmission after Suspension

After the suspension period expires; a student may apply for readmission through the Vice President for Students or designee. Any recommendations or requirements set forth in the student’s letter of suspension will be considered as well as any other relevant information deemed necessary for review by the Vice President for Students or designee. Readmission materials must be received thirty days prior to the semester start. Students will be notified of the decision in writing.

Rules Governing Code

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

Any question of interpretation regarding these policies and procedures shall be referred to the Vice President for Students or designee for final determination.

The Statement of Student Rights and Responsibilities shall be reviewed every three years under the direction of the Vice President for Students or designee.

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 Vice President for Students or designee.