The principles established under this Code will govern the conduct of students on the College campus and any other premises or property under the control of the College used in its teaching, administrative, service, cultural, recreation, athletic, and other programs and activities. In addition, student athletes are subject to the principles of conduct established in the Athletic Code of Conduct and residential students are subject to the principles of conduct established in the Residence Life Handbook.
The College upholds local, state, and national laws. The College will not condone unlawful conduct, and it will not protect students from their obligation to uphold the law. In addition, the College will provide no sanctuary for those who violate the law, and it will cooperate with appropriate health and law enforcement agencies. Some very specific applications of this principle are that students will be subject to discipline for the use, possession, sale, or transfer of illegal drugs, sexual abuse, hate crimes and hazing, and may also face civil prosecution for violations of this Code.
Actions for which students will be subject to College discipline include but are not limited to:
- Forgery or alteration of College documents, records or instruments of identification or use of same with intent to defraud.
- Intentional obstruction or disruption of teaching, research, administrative functions or disciplinary proceedings or other College activities, including public service functions and other authorized activities of the College.
- Abuse of any person, College premises, or at College- sponsored or College supervised events or conduct which threatens or endangers the health or safety of any such person.
- Hate crimes, also called bias crimes or bias-related crimes, involving criminal activity motivated by the perpetrator’s bias or attitude against an individual or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, gender, sexual orientation or disability. Penalties for these crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Students who are perpetrators of such crimes will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.
- All forms of sexual violence and misconduct, which include, but are not limited to acts of sexual harassment, sexual violence, sexual coercion, sexual assault, domestic violence, dating violence, stalking, rape criminal sexual acts, forcible touching, and sexual abuse. Where there is a preponderance of evidence indicating that such misconduct has occurred, strong disciplinary action will be pursued, including the possibility of suspension or dismissal from the College. An individual charged with sexual violence/misconduct may be subject to College disciplinary procedures, whether or not prosecution under New York State law is pending.
- Theft from or damage to College premises or theft or damage to property of a member of the College community or College premises.
- Failure to comply with directions of College staff.
- Use by any student or student organization of the College name or a claim to speak or act in the name of the College or a College-related organization without due authorization.
- Disorderly, lewd, indecent or obscene conduct or expression on campus or at a College-sponsored function.
- Hazing: Any action taken by any student or participation in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
- Violation of published College regulations.
- Public intoxication or display of any behavior associated with the abuse of alcohol or drugs.
- Behavior that is lacking respect for the worth and/or dignity.
Student organizations which operate on the campus or upon the property of the College used for educational purposes are prohibited from authorizing the conduct described above. Student organizations which authorize prohibited behaviors will be subject to College discipline under this Code.
Violations of the Student Code of Conduct:
Any member of the CCC community may file a complaint against a student for violations of the Student Code of Conduct. Complaints must be made in writing and directed to the Vice President and Dean of Student Development and Enrollment Management (VP/Dean), except for complaints of discrimination (including sexual harassment sexual violence, sexual coercion, sexual assault, rape, criminal sexual acts, forcible touching, and sexual abuse), which should be directed to the Director of Human Resources/Title IX Coordinator. Complaints should be submitted as soon as possible after the event takes place, preferably within thirty days.
The VP/Dean may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the VP/Dean. For offenses involving acts of discrimination (including sexual harassment sexual violence, sexual coercion, sexual assault, rape, criminal sexual acts, forcible touching, and sexual abuse), the Director of Human Resources/Title IX Coordinator or his/her designee will conduct the initial investigation and attempt to resolve the matter according to the complaint procedure described in Appendix B.
Except for College-sponsored off campus programs and off campus incidents of sexual violence, it is the intent of the College to leave disciplinary action with respect to off campus offenses of students to civil authorities. However, there may be certain off campus offenses that by their very nature pose a serious threat or disruption to the College community. In such cases, the College reserves the right to take appropriate action.
Student Disciplinary Procedures and Processes
The disciplinary procedure guarantees students the right of due process, including the right to a hearing and the right to appeal. Three processes have been established to respond to violations of the Student Code of Conduct: Administrative Process, Conduct Hearing Committee (formerly known as the Student Judiciary), and the Sexual Violence and Other Misconduct Complaint Procedure.
The Vice President and Dean of Student Development and Enrollment Management (the “Dean”) is charged with investigating student conduct complaints and will provide the accused student with a copy of the written complaint. If during the investigation of a conduct complaint, the complaint is found to have merit and the accused student freely admits guilt and signs a statement to this effect, the student will be advised that he/she is waiving the right to a hearing before the Conduct Hearing Committee. The disposition of the complaint by mutual consent of both parties will be final and will be documented in a written statement signed by the complainant and the accused; there shall be no subsequent proceedings.
- If the accused student doesn’t admit guilt and/or the complaint cannot be disposed of by mutual consent, the Dean will authorize the Associate Dean of Student Services to convene a Conduct Hearing Committee. A Conduct Hearing Committee may also be convened to determine the appropriate sanctions if the accused student admits guilt but sanctions are not agreed to under the Administrative Process. The Associate Dean of Student Services is responsible for ensuring that the Committee receives training and written procedures regarding the Conduct Hearing Committee procedures in advance of the hearing.
- Interim Suspension: In the event of a serious violation of the Student Code of Conduct or where there is reason to believe the continued presence of a student is a threat to the health, safety or welfare of the College community or himself/herself, an emergency interim suspension or expulsion may be issued by the Vice President/Dean of Student Development and Enrollment Management or his/her designee. An interim suspension may be imposed to ensure the safety and well-being of members of the CCC community or preservation of CCC property, to make certain that the student’s own physical or emotional safety and well-being is appropriate, or if the student possesses an ongoing threat of disruption of, or interference with, the normal operations of the College. During the interim suspension, a student may be denied access to any property owned or controlled by the College, any class (including Internet classes), or any other CCC activities or privileges for which the student might otherwise be eligible. This interim suspension does not replace the normal discipline process.
Conduct Hearing Committee Process:
The Conduct Hearing Committee will be made up of the following members:
- Three full-time Faculty Assembly members will be elected at the yearly Faculty Assembly election in the spring of each year. The Academic Council will make temporary appointments from the Faculty Assembly membership when mid-year vacancies occur. Temporary appointees will serve the remainder of the term of the person they are replacing.
- Ten students will be elected each year in a general student election. The student members will serve one-year terms. The Student Association shall hold a special election, as needed, when the pool of student members falls below six members. The students elected to fill vacancies shall serve the remainder of the term of the person they are replacing. For each complaint referred to the Conduct Hearing Committee, the VP/Dean will authorize the Associate Dean of Student Services to select four student members from the pool of ten members in the following manner:
- All ten students elected will be interviewed by the Associate Dean of Student Services to see if a conflict of interest exists.
- If a conflict exists, the student will be dismissed from the case in question but remain a member of the Conduct Hearing Committee for future cases.
- Four student members will be selected from the pool by the Associate Dean of Student Services using a blind draw method.
- One of the four student members selected will serve as the chairperson of the Conduct Hearing Committee. The chairperson will be determined by a vote of the seven member Conduct Hearing Committee (4 students, 3 Faculty Assembly members). The chairperson will ensure that the Conduct Hearing Committee guidelines are followed.
- In the case of illness of one of the students or faculty members, the Conduct Hearing Committee can proceed and function. If more than one member is ill, then such vacancies must be filled by appointment as outlined above.
- The Associate Dean of Student Services is responsible for scheduling training for the Conduct Hearing Committee prior to convening the Committee to ensure hearings are conducted using the established guidelines.
- The Conduct Hearing will be conducted according to the following guidelines:
- The complainant and the accused student will be advised in writing of the format and structure of the Conduct Hearing Committee hearing.
Conduct Hearing Committee hearings will be conducted in private.
- The complainant and the accused student have the right to be assisted by an advisor. The advisor must be a current student, staff, or faculty member of Corning Community College. The complainant and/or the accused student is responsible for presenting information relating to the hearing, and therefore, advisors are not permitted to speak or to participate directly in any of the procedures of the Conduct Hearing Committee.
- The accused and his/her advisor, if one has been selected, will be allowed to attend the entire portion of the hearing at which information is received, excluding deliberations. Admission of any other persons to the hearing will be based on relevance to the hearing and will be at the discretion of the Conduct Hearing Committee.
- In the event that Conduct Hearing Committee hearings involve more than one accused student, the Conduct Hearing Committee, at their discretion, may permit the hearings concerning each student to be conducted either separately or jointly.
- The complainant, the accused student, and the chairperson of the Conduct Hearing Committee may arrange for witnesses to present pertinent information to the. The Committee reserves the right to limit testimony.
- Pertinent records, exhibits, and written statements may be accepted as information for consideration by Conduct Hearing Committee at the discretion of the chairperson, in consultation with the Conduct Hearing Committee members.
- All procedural questions are subject to the final decision of the Chairperson of the Conduct Hearing Committee.
- After the pertinent information has been received and reviewed, the Conduct Hearing Committee will determine by majority vote whether the accused student has violated the Student Code of Conduct. The Conduct Hearing Committee’s determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code.
- The Conduct Hearing Committee will inform the VP/Dean in writing of the outcome of their hearings. The VP/Dean will inform the accused and the President of the College of the decision.
- Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Conduct Hearing Committee proceedings.
- There will be a single, verbatim record, such as a tape recording, of all Conduct Hearing Committee hearings (not including deliberations). Deliberations will not be recorded. The record of the hearing will be the property of Corning Community College; all other notes made by members of Conduct Hearing Committee will be collected by the chairperson and submitted to the Associate Dean of Student Services for disposal by shredding.
- The accused student(s) may forfeit their right to participate in the Conduct Hearing Committee hearing; however, the Committee reserves the right to hold the hearing in his/her absence. The Conduct Hearing Committee may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness(es) during the hearing by providing separate facilities, by using visual screen, and/or permitting participation by telephone, videoconference, closed circuit television, video tape, written statement, or other means as deemed appropriate in the sole judgment of the chairperson.
- The proceedings of all Conduct Hearing Committee hearings at Corning Community College are closed and will remain confidential within the disciplinary system except as provided by law.
Sexual Violence and Other Misconduct Complaint Procedure:
All complaints of sex discrimination, including sexual harassment, rape, and sexual assault, and sexual violence, will be processed under the College’s Equal Employment and Educational Opportunity Complaint Procedure (see Appendix B). Complaints of dating violence, domestic violence, and stalking will be processed under either the Administrative Process or the Student Conduct Board Process. Additional information for victims/survivors of sexual violence and other misconduct appears below.
Definition of Affirmative Consent:
Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases
Corning Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual violence incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual violence to campus officials. A bystander reporting in good faith or a victim/survivor reporting sexual violence to College officials or law enforcement will not be subject to campus Student Code of Conduct action for violations of alcohol and/or drug-use policies occurring at or near the time of the sexual violence.
Victim/Survivor Bill of Rights
In accordance with the Victim/Survivor Bill of Rights (available at www.corning-cc.edu/sexualviolence), victims/survivors will have the right to pursue more than one of the options outlined below at the same time, or to choose not to participate in any of the options outlined below:
- When the accused is a student, to have the college issue a “No Contact Order,” meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person.
- When the Accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process.
- When the incident is one of sexual harassment, rape, and sexual assault, and/or sexual violence, to file a complaint against the accused under the College’s Equal Employment and Educational Opportunity complaint procedure. When the incident is one of dating violence, domestic violence, or stalking, to file a complaint against the accused under the Administrative Process/Student Conduct Board Process described in this Student Code of Conduct. Complaint/conduct proceedings are governed by the procedures set forth in this Corning Community College Course Catalog and Information Guide, as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
- Throughout the complaint/conduct proceedings, the accused and the victim/survivor will have:
- The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct.
- The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
- The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process and is not conducted by individuals with a conflict of interest.
- The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend.
- The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
- The right to review available evidence in the case file.
- The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
- The right to exclude prior sexual history or past mental health history from admittance in the college disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction.
- The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
- The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
- The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding including the sanction(s).
- The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the complaint/conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
- Administrative Process/Conduct Hearing Committee Process: contact Nancy Latour, Associate Dean of Student Services, Commons Building, 962-9228.
- EEEO Complaint Procedure: contact Nan Nicholas, Director of Human Resources/Title IX Coordinator, Classroom Building, 962-9444
- The right to choose whether to disclose or discuss the outcome of a conduct hearing.
Student Code of Conduct Sanctions:
Students who violate the Student Code of Conduct may be subject to one or more of the following sanction. The degree of violation will be taken into account, along with all relevant circumstances, in determining the appropriate sanction. A sanction need not be imposed in every case.
Reprimand: A verbal warning to the student which includes the nature of the violation and the consequences of further violations.
Censure: A written warning which indicates that repetition of wrongful conduct will be followed by more severe disciplinary action. This written statement will become a part of the College’s disciplinary file.
Disciplinary Probation: An official action informing the student that the violation of any College regulation during the probationary period may result in suspension or expulsion. During this specified period, the student may be excluded from acting as a representative of, or participant in, any College activity or program, and may be restricted or denied the use of or participation in certain College facilities and/or activities. Such written statement will become a part of the College’s disciplinary file and the student’s educational record.
Fines: Reasonable fines may be imposed.
Restitution: In all disciplinary violations involving theft and/or damage to College property, restitution may be required.
Discretionary Sanctions: Essays, work assignments, apology letters, service to the College or other related discretionary assignments may be imposed.
Interim Suspension: Immediate suspension without waiting for a formal notice and hearing that the student may be entitled to. Students on interim suspensions must be given a preliminary hearing unless it can be shown that it is impossible or unreasonably difficult to convene one. This means that the student must be given a notice which states the reasons for the Interim suspension and the time and place of the hearing at which time the student is provided with an opportunity to show why his/her continued presence on campus does not constitute a danger to self, others, or to property.
Suspension: A written statement which indicates that the student is not permitted to attend classes and participate in activities or other privileges for a definite period of time. Such written statement will become a part of the College’s disciplinary file and the student’s educational record.
Expulsion: A written statement which indicates termination of the individual’s student status at the College. Such written statement will become a part of the College’s disciplinary file and the student’s educational record.
Loss of Privileges for Clubs or Organizations: In addition to the sanctions described above, clubs or organizations may lose selected or all rights and privileges for a specified period of time or indefinitely.
To more effectively identify behavior patterns, there are times when those with a “need to know” are notified about a student’s involvement, or alleged involvement, in an incident. To the extent allowed by FERPA (Family Education Rights and Privacy Act), this “need to know” may include administrators, faculty, advisors, counselors, coaches, and health and wellness professionals. Those considered “need to know” are determined by the Vice President/ Dean of Student Development and Enrollment Management on a case-by-case basis.
For incidents of sexual harassment, rape, and sexual assault, and/or sexual violence, refer to the College’s Equal Employment and Educational Opportunity complaint procedure, available online.
The decision of the Vice President and Dean of Student Development and Enrollment Management may be appealed by submitting a written request within 72 hours of the written notification of the decision to the Vice President/Dean of Student Development and Enrollment Management. The Vice President/ Dean of Student Development and Enrollment Management may waive the 72-hour requirement for just cause. The written appeal request must contain the reasons for the appeal. Generally, appeals are made for one or more of the following reasons:
- New evidence
- Violation of due process
- Improper penalty
The Vice President/Dean of Student Development and Enrollment Management, will forward the written notice of request to appeal to the Associate Dean of Student Services. The Associate Dean of Student Services is responsible for convening the Conduct Appeals Committee and ensuring that the Committee receives training and written procedures regarding the Conduct Appeals Committee procedures in advance of the hearing.
The Conduct Appeals Committee will consist of three students, three Faculty Assembly members and three Administrators Assembly members. The student members shall be appointed by the Student Association Executive Committee and shall not be the same students currently serving as Conduct Hearing Committee members. The Faculty Assembly members shall be appointed by the Academic Council and shall not be the same Faculty Assembly members currently serving on the Conduct Hearing Committee. The Administrators Assembly members shall be appointed by the Vice President and Dean of Academic Affairs and will not be the same administrators currently serving on the Conduct Hearing Committee .
The chairperson of the Conduct Appeals Committee will be elected by the members of the Committee. Any vacancy shall be replaced by appointment: students by Student Association Executive Board, Faculty Assembly members by the Academic Council, administrators by the Vice President and Dean of Academic Affairs. The members of the Conduct Appeals Committee will serve for the duration of the appeal.
The appeal hearing will be convened within 30 days after the Vice President and Dean of Student Development and Enrollment Management’s (VP/Dean’s) receipt of the written request for appeal. This deadline may be extended upon mutual agreement of the VP/Dean and the person requesting the appeal. However, no hearing will be commenced later than 60 days after the end of the semester--as determined by the date for the last day of classes during which the incident occurred.
The Conduct Appeals Committee will review the case, hear testimony as deemed appropriate by the Committee, consider disciplinary action and render a majority decision to either uphold, reject or modify the action of the Conduct Hearing Committee, as rendered by the VP/Dean. In the hearing, both the accused student and the complainant have the right to bring advisors of their choice, as long as the advisor is a student or a member of CCC faculty and/or staff. The right of the accused student and the complainant to call additional witnesses may be granted by the Conduct Appeals Committee.
A transcript of all testimony at the hearing, in the form of a tape recording, is required and will be available upon request to the accused student and complainant. The Conduct Appeals Committee will communicate its conclusion and recommendation in writing within 24 hours after completing the hearing to the Vice President/Dean of Student Development and Enrollment Management and he/she will submit the results to the President of the College. The Conduct Appeal Committee’s recommendation will be one of the following:
- Rejection of the appeal
- Recommendation of a modified disciplinary sanction
- Recommendation that the accused student be exonerated.
The Conduct Appeals Committee will include in its written recommendation to the President the reasons for its decision and the justification for its recommendation. Both the accused student and the complainant will have the right to file a post- hearing statement with the President within 24 hours of the conclusion of the hearing. The President will review, as promptly as possible, the recommendation of the Conduct Appeals Committee and post- hearing statements ( if submitted). In addition, the President will review the original decision of the Conduct Hearing Committee and will render a final decision.
Proceedings for an Organization’s Misconduct:
The President of the College will be responsible for the enforcement of provisions concerning hazing and other violations of the Student Code of Conduct by student organizations. Such responsibility may be exercised by any designee appointed by the President.
Whenever the President has determined on the basis of a complaint or on personal knowledge that there is reasonable ground to believe that there has been a violation of the Student Code of Conduct by any organization, the President will prepare written charges against the organization which will state the provisions prescribing the conduct and the facts alleged to constitute such violations.
Such written charges will be served upon the principal officer of the organization by registered or certified mail, return receipt requested, to the organization’s current address and shall be accompanied by a notice that the organization may respond in writing to the charges within ten days of receipt of said notice. The notice of the charge will include a statement that the failure to submit a response within ten days will be deemed to be an admission of the facts stated in such charges and shall warrant the imposition of appropriate penalties. The response is to be submitted to the President or his/her designee and will constitute the formal denial or affirmation of the facts alleged in the charge. The President or his/her designee may grant an extension of the ten-day response period.
Upon written request by an authorized representative of the organization, the President will provide the organization’s representative an opportunity for a hearing. A hearing panel designated by the President or his/her designee will hear or receive any testimony or evidence which is relevant and material to the issues stated in the charge and which will contribute to a full and fair consideration and determination. The organization’s representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The hearing panel will submit written findings of fact and recommendations for disposition of the charge to the President or his/her designee within twenty days after the close of the hearing.
The final authority to dismiss the charges or to make a final determination is vested in the President. Notice of the decision will be in writing, include the reasons supporting such decision, and will be served on the principal officer of the organization by mail in the manner described above within a reasonable time after such decision is made. An organization which authorized hazing or other prohibited behavior described in the Student Code of Conduct, will be subject to the rescission of permission to operate upon the campus or upon the property of the College used for educational purposes. The penalty provided in this subsection will be imposed in addition to any penalty which may be imposed pursuant to NYS penal law and any other provision of law, or to any penalty to which an individual may be subject pursuant to this subsection.
The provisions prohibiting hazing activities shall be deemed to be part of the bylaws of all organizations which operate upon the campus of the College or upon the property of the College used for educational purposes. Each such organization shall review its bylaws annually with individuals affiliated with the organizations. Copies of the regulations which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization will be given to all students enrolled in the College.
Updated April 20, 2015