Code of Conduct

Section Contents

• Medical Amnesty
• Good Samaritan
• College Rights
• Student Rights
• Rules and Regulations
• Reports and Judicial Procedures
• Disciplinary Standard
• Sanctions
• Appeal Process

Mohawk Valley Community College (“MVCC” or the “College”) believes in the core values and ethics that are vital to all local, regional, and global communities.  Being a member of the Mohawk Valley Community College community requires a commitment to these values including, but not limited to, civility, personal accountability, professional and academic ethics, personal integrity, dignity for self and others, fairness, honesty, and respect for self and others. Students and student organizations at the College are expected to promote the educational aims of the College through individual personal integrity and responsibility, both on and off-campus. It is vital to maintain a system of accountability and address policy violations and general misconduct. The rules, regulations and procedures outlined below constitute the Code of Conduct (or the “Policy”).

The College Conduct System and this Code of Conduct is designed to hold students and student organizations accountable for their behavior and that of their guests, to protect the College community and property, and to protect the rights of the members of that community to function in an environment conducive to academic pursuits and achievement. It is designed to challenge inappropriate behavior of individuals and organizations in a supportive and educational manner that expects them to understand the impact of their behavior on individuals and the community.

Students, faculty, and staff of the MVCC community must be familiar with the Code of Conduct. This Code of Conduct governs the conduct of students anywhere on property affiliated with the College, which includes but is not limited to, College facilities and on-campus student housing. The Code of Conduct also extends to students using online platforms, including but not limited to BrightSpace.  Students’ conduct at any College off-campus activity, event, trip, or study abroad program is also subject to the Code of Conduct. Additionally, this Code of Conduct will apply to students’ conduct on and off the College campuses when such conduct adversely affects the College, the College community, or poses a safety concern to any member(s) of the College community. Students are expected to obey all federal, state, and local laws and all policies and procedures, rules and regulations, and directives of MVCC and/or its affiliated organizations.

Under the Code of Conduct, a “student” is defined as a person currently registered for college credit/college credit equivalent courses occurring through or at Mohawk Valley Community College, either full or part-time.  Students are subject to all the rules, regulations and procedures of the College, including but not limited to this Code of Conduct. The status of student becomes null and void upon withdrawal from the institution or any administrative revocation of this standing. If a student has violated the Code of Conduct prior to the withdrawal or any administrative revocation of their standing, the student is not excused from the judicial proceeding set forth in this Policy.

Guests and visitors are expected to abide by the same rules that apply to students where applicable. The College may take action against any and all persons who loiter and have no proper or acceptable reason for presence on campus. Such action may include but is not limited to banning the guests or visitor(s) from the College. Guests and visitors are not given the standard due process outlined in the Code of Conduct and that is afforded  to students if alleged violations occur.

Overlap with Federal, State and Local Laws

The College also has an obligation to uphold federal, New York State and local law.  While the activities covered by federal, state, and local law and those covered by the College’s policies may overlap, it is important to note that the federal, state, and local laws and our College’s policies operate independently and that they do not substitute for each other. 

Students should be aware that the process outlined in the Code of Conduct is different from criminal and civil court proceedings.  Procedures and rights in the Code of Conduct are conducted with fairness to all but do not include the technical rules associated with court proceedings. The College makes no attempt to protect members of the College community from federal, state, or local law, nor does it interfere in legal proceedings against a member of the campus community. 

Membership in the College community does not exempt anyone from local, state, or federal laws but rather imposes the additional obligation to abide by all of the College policies. Alleged violations of federal, state, and local laws may be investigated and addressed under the College’s Code of Conduct.  College judicial proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. When an offense occurs over which the College has jurisdiction, the College conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.

Medical Amnesty and Good Samaritan Policy

Introduction

Mohawk Valley Community College (the “College”) holds a fundamental commitment to the safety of its community.  The purpose of the Medical Amnesty and Good Samaritan Policy is to help students take an active role in assisting themselves or other students when an emergency is present. The Policy is intended to encourage students to seek medical assistance related to drug and alcohol emergencies without fear that actions to protect the safety and well-being of themselves or other students will result in individual or organizational sanctions.

It is critical for students to call Public Safety and/or 911 when an intoxicated student needs emergency medical help. These exemptions are not viewed as an avenue through which a student or organization may escape responsibility, but rather, the means by which they will be challenged and supported to discern their responsibilities and to be accountable as members of the College community. In order for this Policy to be effective, students are expected to understand the risks of alcohol or other drug overdose and to be aware of signs that suggest an emergency response may be necessary. Through campus programming in residence halls and through College departments and services, MVCC strives to increase student awareness of the risks of alcohol or other drug overdose and to reduce the instances of such overdoses.  Students should contact the College’s Health and Wellness Center with questions or for more information.

Students are strongly encouraged to contact Public Safey or local law enforcement in the event of an alcohol or a drug-related emergency.  Generally, the Medical Amnesty and Good Samaritan exemptions will only be used to provide amnesty for violations of the College’s Alcohol and Drugs Policy (including alcohol or drug-related violations of the Residence Hall Regulations).  However, under limited situations, in cases where there have been violations of other College policies or Residence Hall Regulations, (e.g. hazing), this Policy may provide for mitigation in any disciplinary process arising out of such violations. 

Medical Amnesty

Students that seek and are in need of acute, emergency medical care for themselves due to intoxication from alcohol or drug use and who themselves may be in violation of the College’s Alcohol and Drugs Policy, may, at the discretion of the Coordinator of Judicial Affairs & Community Standards or their designee, be exempted from formal disciplinary action based on the safety issues involved. The decision to grant amnesty will be made on a case-by-case basis. In cases where a student or organization is not exempted from disciplinary action, seeking emergency medical assistance may be considered a mitigating factor in any disciplinary process relating to the incident. In addition, in cases where there have been other violations of College policy, such as hazing, seeking emergency medical assistance may be considered a mitigating factor in any disciplinary process arising out of such violation. 

Students who are discovered alone by a College official, including a Resident Assistant, Public Safety or a local law enforcement official and who require emergency medical care as a result of their alcohol or other drug use are not eligible for the Medical Amnesty exemption. In those situations, the College’s Alcohol and Drugs Policy, the Code of Conduct, and any other applicable rules or regulations will be in full effect.

Good Samaritan

The spirit of the Good Samaritan exemption is that we all have an ethical responsibility to help people in need.  Students are expected to call Public Safety or 911 when another student in the Residence Halls or on any other property affiliated or used by the College needs emergency medical assistance. If a student or student organization knowingly fails to call for emergency assistance, the student or student organization may be subject to disciplinary action under the Code of Conduct.

Students and/or student organizations who seek emergency assistance on behalf of an individual(s) in need of medical attention due to consumption of alcohol and/or drugs, and who themselves may be in violation of the College’s Alcohol and Drugs Policy, may, at the discretion of the Coordinator of Judicial Affairs & Community Standards or their designee, be exempted from formal disciplinary action based on the safety issues involved. The decision to grant this exemption will be made on a case-by-case basis. In cases where a student or organization is not exempted from disciplinary action, seeking assistance for an individual in need of medical attention may be considered a mitigating factor in any disciplinary process relating to the incident.  In addition, in cases where there have been other violations of College policy, such as hazing, seeking emergency medical assistance for an individual in need of medical attention may be considered a mitigating factor in any disciplinary process arising out of such violation. 

Potential Education Response and Other Consequences

The Medical Amnesty and Good Samaritan Policy reflects the College’s priority on safety and does not rule out an educational response to the incident. Thus, students may be required to complete any educational sanction(s) and/or attend an alcohol/drug treatment and prevention program as a condition of receiving amnesty. The College reserves the right to determine on a case-by-case basis what services, treatments or outcomes a student must meet to address the behavior. If a student is granted an exemption or amnesty under this Policy the student’s education record will reflect no formal disciplinary action, but the College may contact the student’s parents/guardians as a health precaution and may also require a professional alcohol/ drug evaluation and/or referral to the Counseling Center. 

This Policy has no bearing on actions taken by a law enforcement agency and does not provide immunity or protection against any legal or other law enforcement actions that may result from a given situation, including criminal or civil penalties.

College Rights

• To establish criteria and standards for accepting, advising, counseling, teaching, evaluating, graduating, and as necessary, disciplining students in accordance with the College’s regulations, policies and procedures.
• To establish and enforce standards of acceptable conduct for anyone associated with the College, including students and visitors.
• To bring legal or judicial action against any student violating College regulations, policies, and procedures.
• To provide guidance and direction about student rights.
• To expect that members of the College community, including students and visitors, will conduct themselves in a manner that is civil, rational, reasonable, courteous, respectful, non-discriminatory and sociably in all interactions with other members of the community.

Rights and Responsibilities of Students and Student Organizations

The College respects the dignity and rights of each student and student organization. In all Hearings, students and organizational officers or representatives are expected to review their rights and responsibilities and are given the opportunity to ask questions pertaining to those rights and responsibilities prior to the beginning of the hearing process(es).

Students and/or their organizations have the right to:

• Benefit from the educational environment and process free from harassment or discrimination.
• Due process in situations involving judicial action in accordance with the Code of Conduct.
• Be informed of the alleged violations against them including the nature of the alleged violations.
• Be presumed not responsible until the matter is adjudicated and a decision is reached.
• An appeal process.
• A reasonable expectation of privacy except in situations involving personal safety or wellbeing, or where disclosure is required under state or federal law.
• Choose not to speak to officials regarding any incident that may result in disciplinary conduct, understanding that failure to do so excludes the College’s ability to take into account perspectives which could negatively impact the context and content of the outcome.
• Make a report to local law enforcement and/or state police in addition to, instead of, and/or subsequent to reporting through campus channels.

Students and/or their Student Organization responsibilities:

• Students and/or their organizations are expected to respond truthfully and accurately to the reasonable requests for information from College officials regarding the case(s) under investigation. Even in the circumstance when a student or organization is choosing not to participate, that decision should be communicated to College officials.
• Students and/or their organizations are expected to become familiar with the rules and regulations governing the College community, and to keep themselves informed of developments in their cases.
• Students and/or their organizations are encouraged to fully participate in any component(s) of the student conduct process, including but not limited to, investigations, hearings, reviews, and general inquiries. Students and/or their organizations are encouraged to access services offered by the College to assist and support them through any judicial or appeal review process.

Proscribed Misconduct – Rules and Regulations

Student misconduct may initiate judicial procedures. Student misconduct is any student behavior that violates any policy, procedure, or rule of MVCC, including Residence Hall rules and regulations, or federal, state, or local laws.  If student misconduct is being addressed by the legal system, local law enforcement, and/or state police, the College may still pursue the matter using the judicial procedures outlined in the Code of Conduct.

Any student found to have committed or to have attempted to commit the following misconduct is subject to the discipline under this Code of Conduct and the disciplinary sanctions outlined below.  

CR 1: Violation of law, including, but not limited to, a violation of any local, state, or federal laws or any crime or attempt to commit a crime. If the criminal charge is deemed to be major and a jail sentence or criminal record is probable, the Vice President for Student Affairs or their designee will decide whether to proceed with consideration of charges or defer consideration until after a decision has been reached in the courts. The Office of Judicial Affairs will notify the College when the matter is considered.         

CR 1a. Bias/Hate Crimes: Bias or hate crimes can be described as conduct that adversely and unfairly targets an individual or group because of prejudice against that individual’s or group’s actual or perceived identity.

CR 2: Fraud

CR 3: Forgery

CR 4: Knowingly furnishing false information to any College or law enforcement official, faculty member, or College administrator.

CR 5: Theft or theft of services, including, but not limited to, attempted or actual theft of, unauthorized use of, and/or damage to property of the College, property of a member of the College community, or other personal or public property whether on or off College premises.

CR 6: Obstruction, disruption or prevention of orderly classes, meetings, and other College activities.  

CR 7: Damage or vandalism, including the intentional, reckless damage to or destruction of College property or the personal property of another.

CR 8: Presence in any unauthorized area, including but not limited to the failure to follow a written or verbal directive limiting or prohibiting an individual’s presence in any area on campus.

CR 9: Intimidation, discrimination, harassment, or inflicting emotional distress towards any individual or the imminent threat of harm towards any individual.

CR 9a : Intimidation, discrimination, harassment, or inflicting emotional distress towards any individual or the imminent threat of harm towards any individual includes actions based on race, color, creed, national origin, ancestry, gender, age, disability, religion or religious practice or sexual orientation, gender identity, gender expression, sexual orientation, pregnancy, predisposing genetic characteristics, domestic violence victim status, marital status, military status, criminal conviction, disability, or limited English proficiency (LEP).

Note: Complaints of discrimination, sexual harassment, sexual violence, sexual coercion, sexual assault, rape, sexual abuse, and so forth are addressed by the College’s Title IX Policy and Procedure. For the College’s policy on Sexual Harassment, Sexual Discrimination, Sexual Violence, Dating/Domestic Violence or Stalking (please see the College’s Title IX Policy and Procedure.

CR 10: Physical harm towards any individual or the imminent threat of physical harm towards any individual. This includes physical altercations.

CR 10a : Physical harm towards any individual or the imminent threat of physical harm towards any individual includes actions based on race, color, creed, national origin, ancestry, gender, age, disability, religion or religious practice or sexual orientation, gender identity, gender expression, sexual orientation, pregnancy, predisposing genetic characteristics, domestic violence victim status, marital status, military status, criminal conviction, disability, or limited English proficiency (LEP)

Note: Complaints of discrimination, sexual harassment, sexual violence, sexual coercion, sexual assault, rape, sexual abuse, and so forth are addressed by the College’s Title IX Policy and Procedure. For the College’s policy on Sexual Harassment, Sexual Discrimination, Sexual Violence, Dating/Domestic Violence or Stalking (please see the College’s Title IX Policy and Procedure.

CR 11: Obscene, indecent, or lewd conduct including, but not limited to: public urination, public nudity, and sexual acts in public.

CR 12: Violation of the College’s Drug and Alcohol policies, including, but not limited to, CR 12A-F:

Note: Students may not possess, consume, or distribute alcohol anywhere on campus, including on-campus housing or at any College off-campus activity, event, trip or study abroad program. The distribution, including the furnishing or selling, of alcohol beverages to any person under 21 years of age is prohibited.

Note: New York colleges and universities remain bound by their federal requirements under the Drug Free Schools and Communities Act and the Drug Free Workplace Act.

Note: The College observes all laws governing the use of alcoholic beverages within the State of New York and prohibits any violation of these laws.

Note: Federal law and regulations governing cannabis prohibit using cannabis and medical cannabis on college campuses or in college residence halls.

CR12A: Use or possession of controlled or illegal substances at the College. This includes the use or possession of cannabis.

CR12B: Distribution or sale of controlled or illegal substances at the College. This includes the sale of cannabis.

CR 12C: Possession of paraphernalia commonly used with illegal substances. This includes possession of paraphernalia commonly associated with the use of cannabis.

CR 12D: Use or possession of alcoholic beverages except when authorized by appropriate College administrators.

CR 12E: Distribution of alcoholic beverages except when authorized by appropriate College administrators.

CR 12F: Possession of paraphernalia commonly used with alcohol. This includes possession of paraphernalia commonly associated with the use of alcohol.

CR 13: Use, storage, fabrication or possession of firearms, explosives, fireworks, flammables, and noxious chemicals¹ or other items that could be considered or simulate a weapon, except where authorized by the College, is prohibited.  In addition to above, this regulation includes, but is not limited to, Taser guns, BB/pellet guns, laser guns, bows and arrows, throwing stars, brass knuckles, unauthorized knives², straight edge razors or ammunition. 

¹Possession of a self-defense spray is authorized as allowed under New York State Penal Law Section 265.20(a)(14) and must follow New York State Codes, Rules and Regulations Section 54.3 Requirements.  Any person who possesses such self-defense spray in the Residence Halls must disclose it to the Residence Life Office, in writing, within 12 hours.  Failure to do so will be considered a violation of CR 13.  

²The only acceptable knives are small manual pocketknives or small kitchen knives. No blade may exceed 3”.  Knives utilized as part of a Culinary Arts class are only allowed in that class and in transit directly to and from that class.  In the event they cannot be safely secured in a private vehicle when not in class, please consult with instructor for proper on-site storage.  Residence Hall students may also contact Public Safety for assistance with safe storage.

CR 14: Failure to comply with reasonable instructions from authorized College personnel or notice.This includes, but is not limited to, non-compliance with safeguards or controls implemented in response to Communicable Illnesses and communicated through the MVCC website or other written notice will be considered a violation of CR 14.

CR 15: Claiming to speak or act in the name of the College without authorization.

CR 16: Hazing in violation of the College’s Hazing Prevention & Awareness Policy. Hazing is any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against another person or persons, regardless of such other person or persons’ willingness to participate that is committed in connection with an initiation into, an affiliation with, or the maintenance of membership ina student organization and causes, or is likely to contribute to a substantial risk of physical injury or psychological injury above the reasonable risk encountered in the course of participation in the institution of higher education or the organization.

CR17: Recording, broadcasting, streaming, or otherwise sharing of private information without authorization of all involved parties.

CR 18: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without their prior knowledge, or without their effective consent, when such a recording is likely to cause injury or distress.

CR 19: Use of social media or other technology to defame, trespass, assault, or inflict emotional distress upon another person or use that is otherwise illegal (e.g. cyber-harassment, sexting, etc.)

CR 20: Violations of other College regulations and policies as identified in the Student Handbook, including, but not limited to, Anti-Discrimination and Anti-Harassment Policies and Procedures, the Tobacco-Free Campus regulations, Gambling, Use of prohibited Wheeled Recreational Equipment, etc. policies.

CR 21: Failure to provide student identification upon request from a College official.

CR 22: Abuse of Technology, including theft, misuse, or other abuse of technology facilities, technological systems, and resources belonging to the College or any other student; the unauthorized use of another individual’s identification and/or password; use of computing facilities and resources in violation of copyright laws; or use of computing facilities and resources to send obscene or abusive messages.

CR 23: Abuse of the College’s Student Conduct System including, but not limited to, any behavior that attempts to influence, inhibit, or interfere with the implementation of the complaint, investigation, or judicial procedures set forth in this Code of Conduct, such as: falsification, distortion, or misrepresentation of information before a Conduct Officer, Appeal Committee or Administrator;  disruption or interference with the orderly conduct of proceedings or hearings before a Conduct Officer or Appeal Committee; and/or attempting to influence the impartiality of a Conduct Officer or a member of an Appeal Committee.

CR 24: Violation of Housing Policies and Procedures, including, but not limited to, Residence Hall Rules and Regulations.

CR 25: Students’ conduct on or off College campus that adversely affects the College community.

CR 26: Students’ conduct on or off College campus that poses a safety concern to the College community.

Notification: Students found responsible for violations equivalent to crimes of violence, as defined in the Clery Act (as updated by the Violence Against Women Act Final Regulations) Part I crimes, as set forth in 34 C.F.R. §668.46(c), require a transcript notation under §6444(6). Those are: murder; manslaughter; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; and arson. 

Report, Investigation, Determination Judicial Procedures

This section of the Code of Student Conduct is designed to provide students and student organizations with information regarding the procedures that can be expected after a possible violation of College policy. This information will instruct, and guide students, faculty, and staff involved in the various stages of the conduct process properly. These procedures are intended to ensure a safe, fair, and equitable process for all students.  (All days are business days).

Making A Report: Any member of the MVCC community may file a report against a student(s) for violations of the Code of Conduct or Residence Hall Rule or Regulation by filing a report. A written report may be filed with Public Safey or with any Conduct Officer as defined in this Code of Conduct.

Judicial Investigation: When a report is received, it is directed to the Office of Judicial Affairs and Community Standards. Any report should be submitted as soon as possible after the event takes place, not to exceed 5 days, as the passage of time may impede efforts to investigate allegations and gather evidence. If it is determined that an investigation is warranted, the student(s) accused of misconduct will be given notice of charge, right to an advisor, etc. by a Conduct Officer. All communication to students from any office associated with the Judicial Affairs and Community Standards Office will be done by way of the student’s MVCC Student email. It is the student’s responsibility to monitor their MVCC Student email for these communications.

The College will designate an appropriate campus official to serve as Conduct Officer for the investigation and may appoint supplemental Conduct Officers as necessary to assist in any stage of the process. The title Conduct Officer shall include the Coordinator of Judicial Affairs and Community Standards, the Dean of Student Life, Vice President for Student Affairs or special designee, Residence Hall Professional Staff (Residence Hall Rules & Regulations only), Academic Dean, Vice President for Learning and Academic Affairs or designee, and the Dean of Rome Campus or a designee.

This is a judicial investigation, not affiliated with the legal system.

• The Conduct Officer shall receive a written report within 5 days of any person becoming aware of an alleged violation of the Code of Conduct or Residence Hall Rule or Regulation. If extenuating circumstances prevent a report from being submitted within five days, the Office of Judicial Affairs and Community Standards may still accept it at their discretion.
• The Conduct Officer conducts an investigation and determines what information will be needed for this process. This could include but is not limited to interviewing parties and witnesses. The Conduct Officer shall maintain a written record of what transpires.
• The reporter and respondent may be asked to provide statements.

Interim Suspension

If a Conduct Officer feels there exists clear danger to the safety and well-being of individuals attending or working at the College, or if the alleged violation was severe in nature, interim suspension from the College or any specific area(s) or activity(s) of the College may be imposed.

During this interim suspension, standard judicial procedures will occur regarding this alleged violation. It is expected that the student will monitor their MVCC student email for notifications so that they are able to participate in the due process proceedings. If the student is unable to do so, judicial proceedings will continue in their absence. If the conditions of the interim suspension limits physical access to classes, the student is permitted to remain in contact with their faculty via on-line platforms in order to remain current with their assignments during the investigation, unless instructed otherwise. However, during interim suspension and dependent on the conditions of the interim action, a student can be denied access to any college property, including, but not limited to attending in-person classes, the Residence Halls, and on or off campus college events.

A student placed on interim suspension may request a reconsideration review by the Vice President for Student Affairs at any time during the interim suspension. The Vice President review will be limited only to considering the allegation and main facts but will not conduct an investigation beyond the initial report. The Vice President’s decision to uphold, modify, or lift the interim suspension is final pending the outcome of the conduct process.

Conclusion of Investigation and Conduct Officer’s Decision

If the student admits to the violation(s), the Conduct Officer may immediately impose an appropriate sanction.

If the student maintains innocence, the Conduct Officer will determine whether a Code of Conduct violation occurred based on the results of their investigation by using the disciplinary standard outlined below. The Conduct Officer shall notify the student in writing within 15 days of the initial violation of the determination, including the rationale of the Conduct Officer, and appropriate sanctions, if any. The College reserves the right to rescind or impose additional sanctions if further information comes to the attention of College officials once a sanction has been imposed.

A student maintains the right to request an appeal.

The College or Dormitory Corporation reserves the right to not pursue a violation. 

The timeline for these procedures may be adjusted depending on the nature of the allegation and the investigation(s) needed.  In cases where the number of individuals involved in a specific incident exceeds what could reasonably be addressed within the timeline below, the timeframes set forth in these procedures may be modified.

Disciplinary Standard

The standard for decision-making is based on the preponderance of evidence; whether it is more likely than not, based on the available information, that the accused student committed the alleged violation(s). The assigned Conduct Officer will reach a finding of “responsible” or “not responsible” for the alleged violation(s).

Sanctions

The College views education to be its primary focus. When students are found responsible for a violation of the Code of Conduct or Residence Hall Rules or Regulations, consequences for such actions will be assigned and enforced as part of the College’s duty to provide for a safe, civil, and respectful learning environment.  

The College utilizes disciplinary consequences as opportunities for introspection, understanding, growth, and learning. Deliberate consideration is paid to the drafting of appropriate and meaningful sanctions in order to provide the best opportunity for students to understand the ramifications and effects that their behavior may have on themselves, their peers, and the College community. The decision regarding appropriate sanction(s) will consider the following: 1) Any impact statement made by Parties; 2) the Nature of the misconduct; 3) Proportionality and Consistency such that sanctions will be proportionate to the harm, and consistent with prior cases arising from similar facts; 4) Prior Disciplinary History, if any.

Warning/Reprimand: Verbal or written notice that includes the nature of the violation and that any further violations may be cause for further disciplinary action.

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

Probation: Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student or organization is found to violate any institutional regulation(s) during the probationary period. It may be imposed for repeated misconduct, incidents that involve multiple violations, or other serious violations that may not warrant suspension at that time. Probation may be imposed with or without restrictions. Probations may be considered in any further disciplinary proceedings.

Drug/Alcohol Probation: May be used for a drug/alcohol violation. Drug/alcohol probation is formal notification that further violations of drug or alcohol regulations may result in additional sanctions. Past probation will be considered in the event of similar future violations.

Safety Probation: May be used when a safety violation has occurred. Safety probation is formal notification that further violations may result in additional sanctions. Past probation will be considered in the event of similar future violations.

Comprehensive Probation:  Comprehensive probation is formal notification that further violations of any college or residence hall regulations will result in additional sanctions. Past probation will be considered in the event of similar future violations.

Educational Sanctions:

Educational sanctions may include, but are not limited to the following:

• a formal apology in writing and/or in person;
• a public presentation;
• a behavioral contract between the student and the College specifying the behavioral requirements to be followed while the student is enrolled at the College;
• a reflective essay on a designated topic;
• alcohol and or drug education;
• participation in sponsored events, activities or programs;
• completion of an online Judicial Educator module.

Community Service: Community Service may include performance of no more than 25 hours of work assignments per semester either on or off campus as specified, assigned and monitored for completion by the Conduct Officer. Assignments may not be combined or in conjunction with any other volunteer or court ordered treatment.

Restitution: Reimbursement to the College or another party for the value of damaged or missing property. Restitution may not always be in monetary terms but could include mandatory service.

Restrictive Measures and Revocation of Privileges: A ban from specific facilities, services or activities for a designated period of time, or contact with another person for a designated time. These privileges can also include, but are not limited to, prohibition from attending College events, club or organization membership, athletic participation, visitation of certain buildings or residential facilities, etc. Violation(s) of any restrictive measure or revocation of privilege will result in further judicial proceedings and will include a longer term ban. Violation of College bans are subject to arrest for trespassing and could result in a fine of up to $250.00 if found guilty of Section140.5 of the Penal Law of New York State. 

Expulsion from a Course: Removal from a specific course. Depending upon the infraction, the student may be permanently barred from re-enrollment in the course or may be allowed to re-enroll after a specified period of time. Students will receive a final grade for the course as determined by the faculty member’s grading scale listed on the course syllabus. Any work not completed at the time of expulsion will be factored in as zeros. Grades of incomplete or ongoing (ON) are not options if expelled from a course.

Expulsion from an Academic Program: Removal from a program. Students may be removed from a program for Code of Conduct infractions. Depending upon the program and the infraction, the student may be permanently barred from re-enrollment in the program or may be allowed to re-enroll after a specified period of time. The student may be eligible to enroll in an alternative program and should seek guidance from a Student Support Advisor.

Revocation of Admission or Credential: The College reserves the right to revoke admission or rescind an academic credential based upon falsification of information received by the College.

Residence Hall Suspension: The suspended student must leave the Residence Halls by the deadline issued and will be ineligible to reside in the Residence Halls during the period of suspension. Room and Board fees will be adjusted according to the Room, Board, and Fee Refund Schedule. Continuing your meal plan is usually optional. However, you must inform staff at check-out if you wish to continue your meal plan. 

Residence Hall Dismissal: The dismissed student must leave the Residence Halls by the deadline issued and will be ineligible to reside in the Residence Halls in the future. Room and Board fees will be adjusted according to the Room, Board, and Fee Refund Schedule. Continuing your meal plan is usually optional. However, you must inform staff at check-out if you wish to continue your meal plan. 

Residence Hall Fine: A Conduct Officer will determine amounts. No Residence Hall student will be allowed to make fine payments from their security/damage deposit, without approval.

Disciplinary Suspension: Removal from the College for a specific period of time.  Grades will be recorded as an Administrative Withdrawal. The student will not be allowed on College property or be eligible to attend or participate in College-sponsored events. All access to the College, including email and student identification will be rescinded.

Disciplinary Expulsion: Permanent removal from the College, Grades will be recorded as an Administrative Withdrawal. The student will not be allowed on College property or be eligible to attend or participate in College-sponsored events. All access to the College, including email and student identification, will be rescinded. 

Termination of Employment: Removal from any student employment within the College (paid or volunteer) for a specific period of time.

NOTE: Any sanctions not completed within the timeline indicated in the student outcome letter will result in a Judicial hold being placed on the student’s account. A judicial hold limits student access to certain College administrative and academic activities including, but not limited to, registration for subsequent semester courses or credentialing opportunities.

Crime Statistics Availability Statement (Clery Report)

The Department of Public Safety will provide a copy of the Mohawk Valley Community College campus crime statistics as reported annually to the U.S. Department of Education upon request. Information can also be obtained from the U.S. Department of Education website at: http://ope.ed.gov/security/ or on the College’s website at www.mvcc.edu.

NOTE: Sanctions that include suspension, expulsion, or Residence Hall dismissal are subject to College refund policies in accordance with Federal and New York State regulations.

NOTE: The College reserves the right to file civil actions or legal action for behavior and acts that violate the law as well as College policy and/or Residence Halls Rules or Regulations. In cases involving student organizations, permission to operate on campus or use College property may be revoked. 

NOTE: At any time, when a security camera review identifies a person(s) responsible for vandalism or damage, a Conduct Officer reserves the right to complete no further investigation and may expeditiously sanction the responsible person(s). The student will be subject to the standard appeal process.

Appeal Process

The Code of Conduct Appeal process is the final step in a student’s right to due process. The College’s Non-Academic Appeal Committee is used as the appeal hearing body for Code of Conduct appeals. If requested by a student who received a written notification of the decision and sanction as a result of being found responsible for a violation of a Code of Conduct or Residence Hall Regulation, the appeal process will provide for a fair, timely and impartial review of the disciplinary standard finding and the sanction(s) imposed by a Conduct Officer, in accordance with the appeal criteria.  The decision of the appeal process is final. The appeal is a two-step process.

How to Begin Appeal Process

To initiate the Appeal Process, the Request for Non-Academic Appeal Hearing Form must be completed within five (5) days from the date of the written notification with a finding(s) of  “responsible” for and including sanction(s) for a violation(s) of the Code of Conduct or a Residence Hall Regulation.

Any request for an Appeal Hearing must clearly demonstrate on the submitted form one or more of the appeal criteria below.  In the event the appeal request does not demonstrate one or more criteria below, the request will be denied, and the appeal process is concluded.

Appeal Hearing Criteria:

1. There was a substantive procedural irregularity that affected the outcome of the original decision;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or sanction was made, and that could affect the outcome of the matter, has been discovered;
3. The investigator(s), Conduct Officer or other decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
4. A sanction that is unreasonably severe in light of the offense(s) committed based on prior College precedent or other extenuating circumstance.

Note: It is highly recommended that a student accesses assistance from a faculty or staff member regarding how to complete the Request for Non-Academic Appeal Hearing prior to submitting the form.  It is also recommended that the student use the services of the Learning Commons Writing Lab in completing the Request for a Non-Academic Appeal Hearing form.

Step 1: Request for Appeal Hearing Review:

The appeal hearing request is reviewed by the Non-Academic Appeal Committee.  The Non-Academic Appeal Committee will determine, by majority vote of the committee members, whether or not an Appeal Hearing will be granted based on the established criteria discussed above. 

If the Non-Academic Appeal Committee, by majority of committee members, does not grant an Appeal Hearing at this Step 1, the appeal process ends and the determination(s) of “responsible” and associated sanctions(s) stand.  The appeal process is concluded. 

If the Non-Academic Appeal Committee grants an Appeal Hearing, the appeal process will advance to Step 2.

Step 2: Appeal Hearing:

If the Appeal Hearing request was granted in Step 1, an Appeal Hearing will be held by the Non-Academic Appeal Committee.     The Vice President for Student Affairs reserves the right to override the committee’s decision in situations deemed necessary to protect safety or the interests of the College. 

Appeal Process Guidelines:

Advisor: The appealing student may have an advisor during the appeal process and may bring up to two (2) advisors to an Appeal Hearing. The name(s) of the advisor(s) must be communicated in writing to the Conduct Officer no later than 24 hours prior to the scheduled hearing. Advisors must be either a student, a staff member or a faculty member from the MVCC College Community.  To assist a student who wants advisors, but is unable to identify an advisor, a directory of advisors will be provided to the student for the student to contact. The Advisor may assist the student in reviewing the appeal packet prior to the hearing and is free to listen to all proceedings and make suggestions directly to the student. The advisor may not directly address the Non-Academic Appeal Committee at the appeal hearing except during the closing statement in place of the appealing student. The College reserves the right to restrict an individual’s choice of advisor in cases where for example, there may be a conflict of interest.

Attendance: In the event the appealing student is absent from the Appeal Hearing, the hearing will begin without the student 15 minutes after the scheduled start time and proceed to its conclusion.  The transcript will reflect the absence. If a student is unable to make the hearing, they must inform Non-Academic Appeal Board Chairperson as soon as possible to make other arrangements, however it is not guaranteed that the hearing can be postponed.

Attorneys: The appeal hearing is an internal College process. Students are not allowed to have an attorney present during the appeal hearing.  An Appeal Hearing is not a legal or court proceeding.

Conflict of Interest: The appealing student may request any individual Non-Academic Appeal Committee member be removed from the appeal hearing, providing acceptable reasons for the request and stated at the start of the hearing.  The request may or may not be granted. In all cases, the Chair of the Non-Academic Appeal Committee in its sole and absolute discretion will determine if the request to remove a member meets the standard of acceptable reason.

Communication Method: The MVCC student email will be the official form of communication during the appeal process. Students are expected to monitor their MVCC student email for any communications from the College at all times, including during the appeal process.

Composition:

• Step 1: Request for Appeal Hearing Review: The Composition of a Non-Academic Appeal Committee Hearing Request Review Meeting will include the chairperson and four Non-Academic Appeal Committee members.  The Chair will ensure that at least one committee member is a student, except when student members have not been appointed/trained to the Non-Academic Appeal Committee or when an appeal hearing review is conducted outside of the regular Fall or Spring semester.  In such cases, additional faculty/staff members will be appointed to reach the composition of four members.
• Step 2: Appeal Hearing Composition: Participants in an Appeal Hearing are restricted to the Non-Academic Appeal Committee Chairperson, four Non-Academic Appeal Committee members, the Conduct Officer, approved witnesses, the appealing student and their advisor(s). *The four committee members may or may not differ from the members who served on the Request for Appeal Hearing Review in Step 1.  The Chair will ensure that at least one committee member is a student, except when student members have not been appointed/trained  to the Non-Academic Appeal Committee or when an appeal hearing review is conducted outside of the regular Fall or Spring semester.  In such cases, additional faculty/staff members will be appointed to reach the composition of four members.

Hearing Format: An Appeal Hearing Format Description will be provided to the student prior to the hearing.

Hearing Mode: The College will determine the hearing location and mode of the hearing (e.g., in-person or virtual) and it will be conveyed to the student prior to the hearing.

Hearing Outcome: Through the appeal process, the disciplinary standard determination may change or stay the same and the sanction of the Conduct Officer may be decreased, increased or upheld.

Hearing Packet: A packet will be prepared by the Conduct Officer and contain first-hand information regarding the case that was within the record when the initial determination was made, which includes but is not limited to incident reports, the Appeal Hearing Request Form, statements from the incident parties and witnesses, supporting documents (e.g., screen shots, pictures, pertinent emails, etc.) and appointment and outcome letters. This will serve as the basis for the Appeal Hearing Request Review and the Appeal Hearing and all parties will work from the same packet. The Chair will have discretionary authority to determine whether the Appeal Committee will receive and consider particular information, and to resolve any procedural questions or disputes arising in the course of the hearing. In order to prepare for the appeal hearing, the appealing student and their advisor, if applicable, have the right to review this packet in its entirety.  This review will occur in a monitored setting, for a reasonable amount of time, as determined by the College, prior to an appeal hearing.  The appealing student may also seek assistance from the Office of Accessibility Resources during the packet review due to a documented disability and reasonable accommodation will be made. Following the appeal hearing, if the Non-Academic Appeals Committee determines a finding of “Responsible”, the Chair will be provided with the judicial sanctioning history of the appealing student and a two-year sanctioning history of similar incidents to serve as a guide with regard to consideration of sanctions.

Retaliation: Any retaliation based on information learned during the appeal process will not be tolerated and is considered a violation of the Code of Conduct.

Student Status: Upon submission of a Request for an Appeal Hearing, the student status is not changed during the appeal process and any imposed deadlines within sanctions are paused pending appeal outcome.  However, where there was any sanction that resulted in the appealing student being removed from all or any part of the college community due to a safety or disruptive matter, the College has the sole and absolute discretion to require that the student  remain banned from such area(s) during the appeal process.

Witnesses: The appealing student has the right to bring new witnesses to the hearing only when the new witness supports the appeal criteria new evidence that was not reasonably available at the time the determination regarding responsibility or sanction was made, that could affect the outcome of the matter, has been discovered. If the witness did not already do so during the incident investigation, they must submit a written statement to the Conduct Officer within 24 business hours prior to the hearing. Character witnesses are not allowed but can be introduced at the determination of the Non-Academic Appeals Committee Chair during the hearing closing statement.

Appeal Timeline

Unless there is good cause for temporary delay(s), limited extension(s), or other factors that require an extension of timeframes, the College will promptly follow the below appeal timeframes. Timelines may be adjusted upon mutual consent, or when, after a good faith effort, it was not possible to convene the Non-Academic Appeal Committee according to the timeline.  Good cause warranting a delay in the process may include, but is not limited to, absence of a party, advisor, or witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

APPEALS MUST BE SUBMITTED WITHIN 5 DAYS OF RECEIVING SANCTION (All days are business days).

Appeal Timeline	Action
Within 2 days from receipt of appeal	Conduct Officer notifies the Non-Academic Appeal Committee Chairperson that the appeal request was submitted.  This notification will include the appeal timeline.
Within 2 days from Chair being notified that appeal was submitted	Non-Academic Appeal Committee Chairperson will schedule a meeting of the Non-Academic Appeal Committee to review the request for hearing.  Conduct Officer to finalize the Appeal Packet.
Within 3 days after Chair has scheduled a review meeting	Non-Academic Appeal Committee will meet to review the appeal request and render a decision: Hearing Request Granted or Hearing Request Denied.   If Hearing Request is granted, the Non-Academic Appeal Committee Chairperson will schedule a hearing.  The Chair will notify Vice President for Student Affairs the Step 1 decision.
Within 2 days of the Step 1 hearing request decision	Appeal hearing request decision is communicated to student. •If Hearing Request Denied, the student is notified, and this concludes the appeal process, and the sanctions stand.  Original sanction deadlines that were paused when the appeal process began will be given adjusted deadlines. •If Hearing Request Granted, the student is notified of the date, time, and location of appeal.  Hearing Format and Advisor Contact provided to student. The student must receive no less than 3 days notice.
Between 3-5 days from student being notified of hearing date/time	Appeal Hearing held.
Within 2 days from hearing	Non-Academic Appeal Committee Chairperson notifies the Vice President of Student Affairs and Conduct Officer of the decision.
Within 2 days of being notified of decision	Decision of hearing is communicated to the appealing student (via MVCC student email or in person) by the Chair of the Non-Academic Appeal Committee, or designee.  In cases where the decision resulted in modified or upheld sanctions, this communication will be in consultation with the Conduct Officer and Vice President for Student Affairs.

Revised: September 2025, subject to Board of Trustee Approval