Student Code of Conduct
Article I: Preamble
Article II: Definitions and Usage
In order to ensure an understanding of the policies and procedures contained in the Student Code of Conduct, the following key words and phrases have been defined.
- The term "University", "college", "institution", "Upstate Medical University", or "Binghamton Clinical Campus" means the State University of New York Upstate Medical University.
- The term "Upstate Medical University Campus", "Campus", or "Binghamton Campus" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled, or used for clinical affiliations by the University (including adjacent streets and sidewalks).
- The term "student" includes all persons taking courses at the University both full- and part-time, pursuing undergraduate, graduate or medical studies.
- The term "instructor", "faculty member", "professor", or "clinical instructor", means any person employed by the institution to conduct classroom, library, and/or clinical teaching activities.
- The term "staff" means any person employed by the institution in any other capacity.
- In certain situations a person may be both "student" and "instructor" or "staff". One's status shall be determined by the context of the particular situation.
- The term "organization" means a number of persons who have complied with the formal requirements of institutional recognition.
- The term "shall" is used in the imperative sense.
- The term "members of the community" includes students, faculty, staff, or organization as defined herein.
- The term "business day" means a day on which the administrative offices of the University are officially open for business.
- The term "judicial body" means a person or persons authorized to determine whether a student has violated the Student Code of Conduct and to impose sanctions when necessary.
- The term "complainant" means a person or persons who have filed a disciplinary charge against a student(s).
- The term "accused" means a person or persons who have disciplinary charges against them.
- The term "College Official" or "Upstate Medical University Official", includes any person employed by the University performing assigned administrative or professional responsibilities.
- The term "designated college official" or "designated Upstate Medical University official", means any person employed by the University and authorized by the University to act in a prescribed manner in accordance with the rules for the Maintenance of Public Order applying to the University and in accordance with the Policies of the Board of Trustees of the State University of New York.
- The term "policy" means the written rules of the University as found in, but not limited to, Policies of the State University Board of Trustees, Upstate Student Code of Conduct, Residence Life Handbook, Student Handbook, the Upstate Medical University web page(s), and computer use policies and Upstate Medical University Bulletin/Catalogs.
- The term “Personal or Social Misconduct” relates to all behavior unrelated to academic dishonesty.
Article III: Student Rights
The University is an academic community designed to foster an environment of trust, respect, and intellectual learning among all members of the community: students, faculty, and staff. As members of this community, students are entitled to certain rights and privileges and, at the same time, students also have certain responsibilities concomitant to these rights.
- Speech/Expression/Press: Students have the right to express themselves freely on any subject provided they do so in a manner that does not violate the Code of Student Conduct. Students, in turn, have the responsibility to respect the rights of all members of the University to exercise free expression.
- Non-discrimination: Students have the right not to be discriminated against by any employee or official of the University for reasons of race, color, religion, creed, ethnic or national origin, marital status, sex, sexual orientation, gender identity or expression, age, disability, political or social affiliation, domestic violence victim or veteran status. Students have the responsibility not to discriminate against others in their individual roles or as members of student organizations.
- Assembly/Protest: Students have the right to assemble in an orderly manner and engage in peaceful protest, demonstration and picketing which does not disrupt the function of the University, threaten the health or safety of any person, or violate the Code of Student Conduct or the SUNY Rules for the Maintenance of Public Order, or local, state, or federal law.
- Religion/Political Association: Students have the right to exercise their religious convictions and associate with religious, political or other organizations of their choice provided they do so in a manner that does not inhibit the legal rights of other members of the community, complies with the Code of Student Conduct, and is consistent with State University and University policies on use of facilities for religious and political purposes. Students have the responsibility to respect the rights of other members of the University community to freely exercise their religious convictions and to freely associate with organizations of their choice.
- Privacy/Search/Seizure: Students have the right to privacy and to be free from unlawful searches or unlawful arrest on University property and within their on-campus residences. Students have the responsibility to respect the privacy of other members of the University community in their person and in their place of residence.
- Academic Pursuits: Students have the right to accurate and plainly stated information relating to maintaining of acceptable academic standing, graduation requirements, and individual course objectives and requirements. Students can expect instruction from competent instructors and reasonable access to those instructors. Students have the right to a productive learning environment and the responsibility to attend class and know their academic requirements.
- Quality Environment: Students have the right to expect a reasonably safe environment supportive of the University’s mission and their own educational goals. Students have the responsibility to protect and maintain that environment and to protect themselves from all hazards to the extent that reasonable behavior and precaution can avoid risk.
- Governance/Participation: Students have the right to establish representative governmental bodies and to participate in University and State University of New York governance in accordance with the rules and regulations of the University. Students who accept representative roles in the governance of the University have the obligation to participate responsibly.
- Due Process: Students have the right to due process before formal disciplinary sanctions are imposed by the University for violations of the Code of Student Conduct—as provided in the published procedures of this Code or other official University publications. No change in the status of any student shall occur for disciplinary reasons until after the student has been given written notice of, and opportunity for, a formal hearing—except instances in which the student’s conduct constitutes a threat to persons, property, or the orderly operation University programs. All rights of due process are contained within the Code or other official University publications. There exists no right of due process outside of the processes and procedures described therein. Specific examples of processes in which due process should be expected include, but is not limited to: Grade Appeals; Alleged Mistreatment; Application of Transfer Credit; Alleged Unprofessional Behavior; Change in Academic Status (e.g. dismissal, remediation plan). Each of these processes are described in the Student Handbook.
- Confidentiality: Students have such rights to access and to control access to their education records as are provided by the federal Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment. These include the rights to view and challenge the content of specified records, to control the release of certain personal and academic information to third parties, and to suppress all or some information identified as "directory information" by the University.
Article IV: Violations of the Code
The following behaviors, or attempts thereof, by any student or student organization are considered violations of the Code of Student Conduct. Alleged violations will be adjudicated via the judicial process and/or other applicable processes (e.g., Admissions Criteria Policy, Research Misconduct Policy, Applicable Employment Policies, Civil/Criminal Processes).
- Academic dishonesty, including but not limited to taking information, tendering information, cheating, research misconduct, plagiarism, conspiracy, misrepresentation, bribery, and resume falsification.
- Unprofessional behavior, including but not limited to: dishonesty; disrespectful behavior; failure to demonstrate integrity, compassion, and empathy; and failure to maintain the duty and responsibility required of the professions, patients and society.
- Breach of Confidentiality - The dissemination of information that on legal or professional grounds should remain confidential, especially information relating to patients or student records.
- Furnishing false information to the University.
- When and where possible course lectures are recorded and these recordings are made accessible to University students. These recordings are available to students in the library and/or over the web with the following understandings:
- Recorded lectures are the intellectual property of the faculty who give the lecture and their use by students is therefore permitted with the implied prior authorization of the lecturer, unless the lecturer specifically denies this authorization in writing on a case-by-case basis.
- Individual faculty members retain the right to not have selected lectures taped and/or made available to students. This right may be exercised in writing at anytime, either before or after delivery of a lecture.
- A student may make copies of the lecture recordings for their personal educational use, however they may not disseminate the content of the lecture to others.
- Recorded lectures made available via the Internet and through other digital media will be accessible only to students registered for courses in which the student is officially enrolled at the University. Access to recordings will be controlled by a system that prevents unauthorized access to the electronic materials in any manner that would violate Fair Use of copyrighted materials by students, faculty, and staff.
- Recorded lectures will be retained for a period of one calendar year, at which time the files (recordings) will be deleted.
- Violations in the terms of the use of these recorded lectures will be considered instances of academic dishonesty.
- Forgery, alteration, transferring, unauthorized lending, unauthorized borrowing, altering or misuse of University documents, records, or identification cards.
- Unauthorized use, taking possession or destruction of public or private property or services (e.g., library materials, telephone, parking, and computers) on campus, or acts committed with disregard of possible harm to such property.
- Unauthorized possession, duplication, or use of keys to any University premises.
- Hazing or any action which endangers the mental, emotional, or physical health of any person for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in an organization or team whose members are, or include, students of the University. The failure to report or allowing of hazing to oneself is also considered a violation.
- Failure to disperse from University property after appropriate warning by a University official or any law enforcement officer.
- Use, possession, or distribution of alcoholic beverages except as expressly permitted by law and University policy. Any alcohol-related violation will be considered a violation of the Alcohol Policy.
- Possession, use, delivery, manufacturing, or sale of controlled substances as defined in New York statutes.
NOTE: The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Upstate Medical University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault or other serious health-related emergency occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Upstate Medical University strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault and other health-related emergencies (e.g. overdose) to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault or other health-related emergencies to Upstate Medical University officials or law enforcement will not be subject to Upstate Medical University’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault or other incident.
- Possession or use of fireworks, explosives, dangerous chemicals, ammunition, or weapons.
- Misuse of communication equipment (e.g., cellular telephones, camera, computer, computer systems, text messaging) including, but not limited to:
- In educational setting not approved by an instructor or by institutional policies.
- For the purpose of invasion of privacy, harassment, or abuse.
- For the purpose of academic dishonesty.
- Smoking on the University Campus, which includes all building and grounds.
- Verbal abuse, threats, intimidation, repeated and willful conduct which causes the reasonable person to be fearful or to experience significant emotional distress, sexual harassment of another person(s), actions which are committed with disregard of the possible harm to individual(s) or group(s), or which result in injury to individual(s) or group(s).
- Bias related incidents, acts of bigotry, harassment, or intimidation directed at a member or group based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status.
- Intentionally, recklessly, or negligently causing physical harm to any person on university premises or at University sponsored activities. This includes engaging in any form of fighting.
- Criminal sexual behavior, including but not limited to: the implied, threatened use of force to engage in any sexual activity against a person's will and/or engaging in such behavior with a person who is unconscious or substantially mentally impaired (including intoxication); intentionally touching another person's genitals, buttocks, or breasts without the person's consent; indecent exposure; voyeurism.
- Theft or other abuse of the computer facilities and resources including but not limited to:
- Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual's identification and/or password, including the unauthorized sharing of this information.
- Use of computing facilities and resources to interfere with the work of another student, faculty member, or University Official.
- Use of computer facilities or resources to send obscene or abusive messages.
- Use of computing facilities and resources to interfere with normal operations of the University computer system.
- Use of computer facilities and resources in violation of copyright laws.
- Any violation of the University Computer Use Policy.
- Violations of any University policies described in the Student Handbook, Bulletin, and Rules and Regulations for maintenance of Public Order (see appendix).
- Any act that obstructs or disrupts teaching, research, administration, or interferes with the educational process and/or the daily operation within the University.
- Failure to comply with generally accepted safety regulations. Such failure shall include, but is not limited to:
- Falsely reporting a bomb, fire, or any other emergency by means of activating a fire alarm or by other means.
- Unauthorized possession, use, or alteration of any University owned emergency or safety equipment.
- Failure to evacuate a building or other structure during an emergency, or during emergency drills.
- Actions that create a substantial risk such that the safety of an individual is compromised.
- Misuse of a self defense spray devise.
- False threats or reports of a destructive devices or substance.
- Flammable Materials, Explosives - Possession or ignition of combustible material for the purpose of cooking, heating, lighting, or display is prohibited. Examples of these items include candles, incense, oil burning lamps, and sterno. Fireworks, explosives, harmful chemicals, and flammable liquids (including oil based paints, turpentine, and gasoline) are not to be stored in/around campus buildings.
- Disciplinary action may be taken by the University against a student accused of violating any part of this Code or engaging in unprofessional or illegal behavior regardless of where such behavior occurs.
- Violation of any disciplinary sanction.
- Abuse of the Judicial System, including but not limited to:
- Failure to obey the summons of a judicial body of the University.
- Falsification, distortion, or misrepresentation of information before a judicial body.
- Disruption or interference with the orderly conduct of a judicial proceeding.
- Institution of a judicial proceeding knowingly without cause.
- Attempting to discourage an individual's proper participation in, or use of, the judicial system.
- Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code or other University regulations.
- Influencing or attempting to influence another person to commit an abuse of the judicial system.
- Retaliation against any person for participation in the judicial system.
- Failure to comply with the University’s Non-Discrimination Policies, as determined by the Chief Diversity Officer. Note: The Chief Diversity Officer also serves as the Title IX Coordinator.
Article V: Policies and Procedures
- All matters pertaining to the University Code of Student Conduct are under the purview of the Dean of Student Affairs and are administered by the Coordinator of Judicial Affairs. In matters of academic dishonesty, first-time and non-egregious violations are dealt with by the College Judicial Officer or the Professionalism Office (College of Medicine) and repeat offenses are administered by the Coordinator of Judicial Affairs. See "Judicial Process" for details.
- A student charged with a violation of the Code of Student Conduct has the right to:
- Receive notification of the charges and to be informed of their rights prior to any hearing or action.
- Access a college-specific judicial officer who will educate them on the judicial process and procedures. Students can obtain a list of judicial officers from the Dean of Student Affairs.
- A student may bring an advisor to any hearing/meeting. Such advisor may assist the student but may not participate directly in the proceedings.
- Continue attendance in a course until the hearing process is completed, unless the President or their designee determines that an interim suspension is appropriate.
- Question the person(s) making the charge and any witnesses.
- Produce relevant witnesses and documentary evidence.
- Appeal the case, as described herein, if a sanction has been imposed.
- A student reporting or who is the victim of a violation may bring an advisor to any hearing/meeting. Such advisor may assist the student but may not participate directly in the proceedings.
- All notices to students may be served via e-mail, in person, or by certified mail to the student’s official local address.
- A student who withdraws from the University shall not be exempt from the proceedings described herein. The judicial process shall be followed with the accused student receiving notice of hearings. Any resulting sanction of suspension or dismissal will replace the "withdrawal" status on the transcript. Lesser sanctions shall be kept on file in the permanent academic record for reference if the student applies for re-admission. A student who withdraws during the pendency of judicial proceedings is not permitted to enter onto University owned, operated, or controlled property nor to participate in any class or program offered by the University until the pending matter is resolved.
- A student who is charged with a violation of the Code of Student Conduct prior to the end of a term, when there is not sufficient time to hold a hearing before the term ends, shall be given a hearing as soon after the term ends as is feasible. Said student is responsible for transportation and other expenses related to the student’s right to be present at the hearing as scheduled.
- Failure to appear in response to the charge(s) on the date fixed for hearing, unless there is a continuance for good cause approved by the Coordinator of Judicial Affairs prior to the hearing, shall result in a decision being rendered based on evidence presented. The hearing shall be held and determination of sanction shall be made.
- The standard of proof applied within the University Judicial System is a preponderance of the evidence, which requires a demonstration that it is "more likely than not" that the accused student or recognized student organization has violated the Code of Student Conduct.
- It is the responsibility of each party to investigate, prepare, and present their case. This responsibility includes identifying and presenting any witnesses or witness statements. The University Judicial System is not authorized to compel the appearance of any witness at a University Judicial System proceeding. Similarly, neither parties nor their representatives are authorized to compel or attempt to compel the appearance of any person at a University Judicial System proceeding.
- Complainants are permitted to withdraw their complaints subsequent to filing if the Coordinator of Judicial Affairs is satisfied that the complainant’s decision has not been influenced by pressure or intimidation. In the event that the complainant is determined to have been influenced by pressure or intimidation, or in other extenuating circumstances, or where the University’s interests would be served by continuation of the case, the Coordinator of Judicial Affairs (or designee) shall act as complainant and continue the case.
- All hearings are closed; i.e., limited to hearing officer(s), complainants, accused student and advisor, and witnesses. No press, general public, or campus members shall be admitted.
- A judicial hearing shall not be bound by state or federal rules of evidence, but may hear and receive any testimony or evidence which is relevant to the issues presented by the charge(s) and which will contribute to a full and fair disposition of the charge(s). All members of administrative or judicial hearing committees must be present during hearings and disposition of charges.
- At a judicial hearing there will be a single verbatim record such as a recording of the hearing. The record shall be the exclusive property of the University and the Office of the Judicial Coordinator will allow the accused student to access this record for the purpose of filing an appeal letter. Recordings will be maintained in accordance with the State University’s Records Retention Schedules.
- Any decisions which result from a judicial hearing shall be sent to the accused and the complainant in writing (via email or letter) within three days, and a copy of the decision letter shall be kept in a confidential file in the office of the Coordinator of Judicial Affairs for a time period stipulated in the decision letter and in accordance with the State University’s Records Retention Schedules. The file may be used as a disciplinary record in any future proceedings involving the student.
- The University shall release information pertaining to individual cases in strict accordance with the Family Educational Rights and Privacy Act of 1974.
- In cases where there may also be civil or criminal allegations or charges, the Judicial Coordinator may elect to delay the judicial process. In cases in which an interim suspension has been employed, this status would remain effective until the time the judicial process is concluded. The complainant and accused may request a one-time delay of the judicial process not to exceed five business days.
Article VI: Judicial Process
- Allegations against any student for any infraction of the Code of Student Conduct are made in writing to the Judicial Coordinator or a College Judicial Officer by any University faculty member, staff member, fellow student, University Police, or city, state, or federal police officers. In cases where the Dean of Student Affairs or their designee learns of alleged violations of the code, without receipt of a formal complaint, an investigation will ensue. If then warranted, an appropriate University official will act as complainant. Complaints must include a description of the charges and may include a non-binding recommendation as to an appropriate sanction. Complainants have a right to copies of all materials they submit.
- The status of an accused student will not be changed while a case is pending against him/her, unless the Coordinator of Judicial Affairs determines that an interim suspension is required to promote the safety and well-being of the Upstate community.
- Any student against whom there has been an allegation of infractions of the Code of Student Conduct will receive a written statement (via email or letter) of the specific charge(s) from a College Judicial Officer or the Coordinator of Judicial Affairs. Notice of charges must be delivered within a timely manner—typically no more than 30 business days after receipt of the initial allegation.
- The accused student shall be afforded a full opportunity for explanation, contradiction, or defense of said charges in a judicial hearing.
- At the conclusion of the judicial hearing or within a reasonable timeframe after the statement of charges was sent, the Coordinator of Judicial Affairs or College Judicial Officer shall decide whether or not an infraction has occurred.
Personal or Social Misconduct
- If the Coordinator of Judicial Affairs or College Judicial Officer deems that the alleged infraction is a matter of personal or social misconduct, the Coordinator will attempt to reach resolution with the student or student organization.
- Resolution occurs when a student or student organization is found not responsible or accepts responsibility for the alleged violation(s) and an appropriate sanction is levied.
- If resolution cannot be reached, the student or student organization has the right for the case to be heard by the University Judicial Board. The Coordinator contacts the accused student and offers options of written statement or appearance in front of the Board which will promptly convene following their original meeting with the student. The University Judicial Board reviews the case to determine whether a violation occurred and levies appropriate sanctions. The five person board shall include three members selected by the Dean of Student Affairs from the faculty or staff; two will be members of the executive committee of the Upstate student government selected by the student President of that association. All shall serve for such terms as determined by the Dean. The Dean shall designate the Committee Chair from its membership. Please note: Faculty board members will be selected among those previously identified via College-specific processes.
- In cases involving first and non-egregious offenses, the College Judicial Officer will attempt to reach resolution with the student(s). Note: College Judicial Officer determines severity of offense. In the College of Medicine, issues of Academic Dishonesty and professionalism may be adjudicated by way of that college's professionalism pathway or Academic Review Board.
- If determined "not responsible" then no violation and current case file is destroyed.
- If determined "responsible", instructor and College Judicial Officer offers a course-related resolution (sanction), up to and including course failure. The instructor may require additional or alternative work in substitution for rejected work, but has no obligation to do so.
- If the student accepts the resolution offered, the instructor and College Judicial Officer will send a memorandum describing the circumstances and disposition of the matter to the student within six business days of its disposition. The Coordinator of Judicial Affairs will also receive a copy.
- If the student does not accept the resolution offered by the instructor and College Judicial Officer, the instructor and College Judicial Officer documents the offense in writing to the student and refers to the Coordinator of Judicial Affairs. The Coordinator contacts the student and offers the option of a written statement or an appearance in front of Committee on Academic Honesty which will convene promptly following the Coordinator’s receipt of the charges. The Committee on Academic Honesty reviews the case to determine whether a violation occurred and levies appropriate sanction(s).
- Repeat or egregious offenses will be referred, by the Coordinator, to a five-person Committee on Academic Honesty for resolution. Note: College Judicial Officer determines severity of offense.
- The Dean of Student Affairs-appointed committee is made up of two students, two faculty members, and one staff member. Please note: Faculty board members will be selected among those previously identified via College-specific processes.
- The Coordinator of Judicial Affairs contacts student and offers option of written statement or appearance in front of Committee on Academic Honesty which will convene promptly following the Coordinator’s receipt of the charges.
- Committee on Academic Honesty reviews the case to determine whether a violation occurred.
Article VII: Sanctions
The following sanctions may be imposed upon a student for an infraction of the Code of Conduct or Rules/Regulations of the Upstate Medical University.
- Interim Suspension: An interim administrative suspension is an action, effective immediately, designed to prohibit the presence of the student in the residence hall or on campus until the student's judicial case can be resolved. In consultation with the appropriate college dean, Vice President for Academic Affairs and the Dean of Student Affairs, the decision to enact an interim suspension is made by the President.
- A student subject to an interim administrative suspension shall be given written notice of the suspension either by personal delivery, email, or by certified mail, and shall be given a copy of the Student Code of Conduct.
- The student shall then be given an opportunity to appear in person before the Dean of Student Affairs, or a designee, within two business days from the effective date of the interim suspension, in order to review the following issues only:
- the reliability of the information concerning the student's behavior;
- whether the student's behavior poses a danger of causing imminent, serious physical harm to others, causing significant property damage, or directly and substantially impeding the lawful activities of others.
- The Dean of Student Affairs and/or their designee may refer a student for evaluation by a mental health care provider if the student may pose a danger to the campus community, lacks the capacity to respond to pending charges, and/or does not understand the nature of the alleged inappropriate conduct.
- Students referred for evaluation shall be informed in writing. The evaluation must be completed within five business days from the date of the referral letter, unless an extension is granted by the Dean.
- A student who fails to complete the evaluation as prescribed may be suspended.
- Temporary Suspension from Clinical Activity: When there is evidence that the continued presence of a student at a clinical training site poses a threat to patient safety or well-being, the Dean of Student Affairs (or their designee) may immediately suspend the student from clinical activity until a full investigation can be conducted. Exceptions to a temporary suspension and the relief of such action will require the input of the appropriate College Dean, Upstate Legal Counsel, and an impartial health care provider.
- Academic Dishonesty Sanctions: A range of possible sanctions exist for cases of academic dishonesty and may include but are not limited to:
- Written reprimand or a requirement that the student repeat the work affected.
- Lower or failing grade on a particular assignment or test.
- Lower or failing grade in a course.
- Removal of a student from a course.
- Assignment of X/F grade in the course. "X/F" is a permanent transcript notation indicating academic dishonesty.
- A student found in violation of academic dishonesty and not enrolled in a course, will still be subject to judicial action.
- Disciplinary Warning: An official written notice to the student that their conduct is in violation of institutional policy.
- Loss of Privileges: Denial of specified privileges for a designated period of time.
- Restitution for the damage and/or theft of University property: These charges may not be in excess of the damage or loss incurred. Restitution may be required with any sanction when appropriate. Restitution may be in the form of community service. Community service will be performed in a manner acceptable to the assessors of the sanction.
- Alcohol Referral: Any student found in violation of the alcohol policy may be required to complete an alcohol education program. The student will be responsible for any and all costs of the alcohol education program and any associated counseling services.
- Disciplinary Probation: A more severe sanction than a warning, to include a period of observation during which the student must demonstrate the ability to comply with the University rules, regulations, disciplinary sanctions and other requirements stipulated for the probation period.
- Suspension from Residence Hall
- Precluding a student from remaining in the residence hall or precluding a student from living in any University housing. The specific period of the suspension must not be less than the remainder of the semester in progress.
- A student whose residence hall license agreement is terminated is responsible for full cost of the residence hall space for the remainder of the academic year.
- Suspension from the University: This action results in the involuntary withdrawal of the student. A suspended student will be withdrawn from the University for at least the remainder of the semester in progress. The suspension from the University will be for a specified period of time. Compliance with any imposed conditions for re-admission shall be a necessary prerequisite to re-admission. Students shall not receive academic credit for the semester in which the suspension occurred and will be liable for all tuition and fees for that semester.
- Dismissal from the University: Dismissal from the University results in permanent separation from the University. The sanction of dismissal must be approved by the President or their designee. Students shall not receive academic credit for the semester in which the dismissal occurred and will be liable for all tuition and fees for that semester.
- Restricted Contact: Restricted Contact results in a directive that the sanctioned student shall not in any way communicate or interact with particular named individual(s). In the event that the accused and a protected person are in the same program of study and/or in classes at the same time, the Dean of Student Affairs will work with program and course faculty to limit direct interactions between the two and to fashion appropriate interventions should academic requirements necessitate or even encourage student interaction.
- Restricted Access: Restricted Access results in a directive restraining the sanctioned student from certain stated acts, activity, places, people, or things.
- Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or violation of University standards in obtaining the degree or for other serious violations committed by a student prior to graduation.
- Withholding of a Degree: The University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct, including the completion of all sanctions imposed, if any.
- For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in U.S.C.1092(f)(1)(F)(i)(I)-(VIII), a notation shall be made on the academic transcript of students found responsible. The crimes which would require this notation currently include: murder, rape, fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, manslaughter, and arson. The University will place a notation on the academic transcript of such finding of responsibility of either "suspended after a finding of responsibility for a code of conduct violation" or "expelled after a finding of responsibility for a code of conduct violation" depending on the sanction levied. The University will also place a notation on the academic transcript "withdrew with conduct charges pending" if a student withdraws from the University prior to the completion of a judicial proceeding and determination of responsibility. Student may appeal to the Dean of Student Affairs, in writing, for removal of a notation on the academic transcript that they were suspended, no earlier than one year after the suspension is completed. Notations on the academic transcript including that a student was dismissed from Upstate Medical University shall not be subject to removal and therefore cannot be appealed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
Article VIII: Appeals
- A student dissatisfied with said determination and/or sanction levied by the Coordinator of Judicial Affairs, University Judicial Board or Committee on Academic Honesty may appeal by filing a written statement with the Dean of Student Affairs within 10 business days of receipt of the sanction.
- Appeals may be based only on one or more of the following:
- New evidence not reasonably available at the time of the original hearing, the absence of which is shown to have had a detrimental impact on the outcome of the hearing;
- Procedural error that is shown to have had a detrimental impact on the outcome of the hearing;
- Errors in the interpretation of College policy so substantial as to deny either party a fair hearing; or
- Grossly inappropriate sanction having no reasonable relationship to the charges.
- NOTE: The written appeal must detail the reason for the appeal. For example, if the student appeals based on procedural error that is shown to have had a detrimental impact on the outcome of the hearing, the written appeal should outline the specific procedural error on which the appeal is based.
- Upon receipt of the appeal, the Dean of Student Affairs will determine whether the grounds for appeal have been satisfied and whether further process is necessary to resolve the appeal.
- If the request for an appeal is granted, the Dean of Student Affairs will appoint a three-person Appeals Committee. Two members shall be selected by the Dean of Student Affairs from the faculty or staff; one will be a member of the executive committee of the Upstate Medical University student government selected by the student President of that association. All shall serve for such terms as the Dean deems advisable. The Dean shall designate the Committee Chair from its membership.
- The Chair of the Appeals Committee shall convene the committee at a time and place on the University campus, giving written notice of said hearing to the charged student. The meeting of the Appeals Committee shall be convened promptly after the Chair’s receipt of the appeal. Upon the appellant’s request, the Appeals Committee may proceed without the student(s) present for the hearing. In this case, all decisions would be made based on written materials provided by the appellant and the Coordinator of Judicial Affairs. The Coordinator of Judicial Affairs shall be present at the request of the Appeals Committee.
- At the hearing, the student shall have the right to present their appeal.
- The Appeals Committee shall render a written recommendation (which need not be unanimous) outlining the factual basis for such decision, together with its opinion of the sanction, to the President or their designee. If the recommendation is not unanimous, the written recommendation shall so indicate and a written minority opinion may become part of the record. The recommendation must be rendered within 30 days of the Chair's receipt of the appeal request.
- The President or their designee may amend or revise the recommendation of the Appeals Committee. The President or their designee shall render a final decision within 10 business days of receipt of the Appeals Committee’s report. The appellant shall be informed by the President or their designee of the final decision.
Article IX: Parent/Guardian Notification
In accordance with the Family Educational Rights and Privacy Act, the University may release information pertaining to individual judicial cases to appropriate University personnel and to parents of the students who are dependent. Information from a student's judicial file will not be made available, without the student's written consent, to anyone other than the student, appropriate University personnel, and parents of dependent students except as required by law.
Article X: Interpretation and Revisions
- Any question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Student Affairs or their designee for final determination.
- The Student Code of Conduct will be reviewed annually under the direction of the Judicial Coordinator.
Article XI: Authorization
The Education Law of the State of New York (section 356) delegates to the State University Board of Trustees authority to establish rules and regulations governing the operation of collegiate units. Within this authority, the Council of the Upstate Medical University is authorized to (Section 356, Item G) make regulations governing the conduct and behavior of students and (Section 356, Item H) prescribe for and exercise supervision over student housing and safety. A substantially similar and materially consistent version of the Code of Student Conduct was endorsed by the Upstate Medical University Student Governing bodies in October 2008 and by the Council of Faculty Organization in February 2009. The code was most recently approved by the Council of the Upstate Medical University in the Spring of 2016.