Judicial System

Article I. Preamble

1.1 Hudson Valley Community College (“College”) is primarily concerned with academic achievement, the personal integrity of its students and the wellness and safety of the members of its community. In addition, the College is committed to preserving peace, supporting a moral and just climate, maintaining a community where people are treated with courtesy and respect, meeting its contractual obligations, and protecting its property and that of its community members. The College, therefore, has established this Code of Conduct to communicate its expectations of students, visitors, college personnel and organizations.

Article II. Purpose and Intent

2.1 The purpose of the College’s having codes and adjudication procedures is to enforce standards of conduct and curtail inappropriate behavior as well as to assist the individual in resolving problems in an institutionally acceptable manner. The adjudication procedure provides a framework for the review of the substance of any alleged violation of the Code of Conduct. The individual is not absolved of the responsibility for his or her own behavior. Each individual is responsible for accepting the fact that rights come with concomitant responsibilities and that violations of the codes may result in discipline.

2.2 The student is charged with the responsibility of becoming familiar with the codes and regulations and the procedures for enforcing them and acting accordingly.

Article III. Definitions

3.1 “Campus Coordinator” means the Coordinator of the College Judicial System. This is the person appointed by the College who is charged with the responsibility of ensuring that the procedures provided herein are adhered to in the processing and adjudication of complaints under the Code of Conduct. Campus Coordinator may also mean a designee of that office.

3.2 “Code of Conduct” means the list of prohibited conduct established by the College, as more fully set forth in Article V and VII herein, which includes behavior that violates the College’s Academic Ethics, Computer Ethics and Campus Regulations, and also includes the procedures for enforcing the Code of Conduct.

3.3 “College” means Hudson Valley Community College, with its main campus located at 80 Vandenburgh Avenue in Troy, New York.

3.4 “College premises” means all buildings or grounds owned, leased, operated, controlled or supervised by the College including any buildings or grounds that are located off campus.

3.5 “College-sponsored activity” means any activity on or off campus which is initiated, aided, authorized or supervised by the College.

3.6 “College Official” means any full-time or part-time administrator, faculty, or security guard or security officer.

3.7 “College Personnel” means all employees of the College who work either on the campus or on other property used for educational purposes by the College.

3.8 “Faculty Member” means any full-time or part-time faculty member.

3.9 “Organization” means any group of individuals recognized or otherwise licensed by the College, which includes student groups, faculty groups or any group existing outside of the College community which seeks to utilize the College Premises for its own organizational purposes.

3.10 “President” shall mean the President of the College.

3.11 “Vice President” or “Vice President for Enrollment Services and Student Development” means the Vice President for Enrollment Management and Student Development or his/her designee.

3.12 “Student” means a person, including College Personnel, either enrolled in or auditing credit or non-credit courses at the College, on either a full-time or part-time basis.

3.13 Reference to any “Time Limits”, days shall be defined as any day the College is open for business and shall EXCLUDE Saturdays and Sundays, any holiday the College has published as “College closed,” and emergency closings. Time limits may be waived for just cause under conditions that are set forth under the procedure affected.

3.14 “Visitor” means any individual who is not a Student nor otherwise affiliated with the College but who is on the College Premises for a legitimate purpose.

3.15 “Ethics and Conduct Committee” are employees or students of the College who undergo required training and constitute a pool from which review board members are selected.

3.16 “Advisors” An advisor may be a parent or child of the accused, a spouse or partner, a member of the College community or any individual of the student’s choosing. Advisors may only act in an advisory capacity. No advisor represents a student or any party at a disciplinary hearing. At a disciplinary hearing the advisor can pass notes to or speak quietly to the student but cannot speak directly to the review board or give evidence or testimony to be taken into the record. Advisors are always engaged by a student or participant directly and must be compensated at the expense of the individual retaining the advisor.

Article IV. Jurisdiction

4.1 Generally, College jurisdiction and discipline will be applied to conduct which occurs on College Premises, during off-campus activities related to the College, or which violates federal, state or local laws on or off the College Premises. Jurisdiction and discipline may also be applied at the discretion of the College to conduct which occurs off-campus and which adversely affects the College, the College community or the interests and mission of the College. Students are responsible for the conduct of their guests, and may be subject to discipline for the conduct of their guests.

4.2 College disciplinary proceedings may be instituted against a Student or an Organization charged with conduct that potentially violates both the criminal law and the College’s 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. Proceedings under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Determinations made or sanctions imposed under this Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College’s Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant. The College has the obligation to cooperate with all police authorities. When the protection of life and property and the regular, orderly operation of the College require it, the assistance of these agencies will be requested as a matter of policy.

4.3 Conduct proceedings are governed by the procedures set forth herein as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions. The processes herein will not be conducted by individuals with a legal conflict of interest.

Article V. Code of Conduct for Campus Regulations and Computer Ethics

5.0 Campus Regulations for Students, Visitors, College Personnel and Organizations

The College is charged by its sponsoring agency and by the State University to attain its stated objectives. To properly discharge these responsibilities and to ensure a desirable relationship with the community as well as the protection of all Students, Visitors, guests, College Personnel, and Organizations, certain regulations have been established. Students enrolling in the College’s education programs and Visitors, guests, College Personnel and Organizations that are associated with or use the College facilities do so subject to the Code of Conduct. In cases where there is an alleged violation of the Code of Conduct, it is the policy of the College to afford each Student and Organization associated with the College the right to adjudicate the allegation in accordance with the adjudication procedures as set forth in this Code. However, in cases where the Vice President for Enrollment Management and Student Development or his/her designee deems the conduct, condition, or infraction to be of such nature that the alleged violator poses a present or future threat to the health, safety and welfare of himself or herself or the College or its community, he/she may take immediate action to suspend the Student or disband any Organization associated with the College prior to the initiation of the formal adjudication procedures. Visitors, guests and organizations not affiliated with the College, while subject to these regulations, do not have rights to adjudicate any decision made which results in their removal from the College Premises.

Judicial Processes at Hudson Valley Community College occur independently of any official law enforcement or Court Proceedings. Any student who feels they may be the victim of a crime is supported in their endeavors to pursue independent criminal charges. Adjournments and delays in the Hudson Valley Community College’s Judicial System to resolve criminal or civil cases will not, generally, be entertained. Hudson Valley Community College does assist and participate with local law enforcement and records kept by the College may be exchanged with law enforcement in accordance with applicable laws.

Visitors:

Students are responsible for the conduct of visitors they bring on the HVCC campus and may suffer disciplinary consequences if visitors act inappropriately.

1. All visitors must be on the College Premises for a legitimate purpose. Visitors should request temporary visitors’ identification cards and temporary parking permits at the Public Safety Department. The College reserves the right to determine whether the purposes of the visit is legitimate. If it is not, Visitors will be asked to leave and those individuals or organizations that invited unapproved visitors may be sanctioned.
2. Visitors are required to show identification when requested to do so by security or administrative officers and to park in designated lots. Failure to do so or to leave when requested will result in such Visitors being considered as trespassers subject to arrest.
3. All visitors must abide by all regulations in the code of conduct.

Prohibited Conduct

5.1 Bias Related Crimes

General Policy: Many individuals become targets of hateful acts because others are unable to accept differences based on race, gender sexual orientation, gender identity, religion, age, ethnicity or disability.

Hudson Valley Community College condemns such acts. At Hudson Valley Community College, a hateful incident directed at an individual or group, owing to their differences, is viewed as an attack on the entire college community and such acts simply will not be tolerated.

Nature of Bias-related Crimes/Incidents on College Campuses: While physical attacks and vandalism are rare on college campuses across the nation, demeaning jokes or harassing or threatening phone calls, electronic communications or emails are not uncommon. Bias incidents that do not violate criminal law may violate Hudson Valley Community College’s policy prohibiting harassment and discrimination, Hudson Valley Community College’s code of conduct for students, or federal or state civil law.

Definitions:

Hate Crime-In general, a hate crime is a crime of violence, property damage, or threat that is motivated in whole or in part by an offender’s bias regarding race, religion, ethnicity, national origin, gender, disability, sexual orientation or gender identity.

Hate or Bias Incidents- Hate or bias incidents involve behavior that is motivated by bias based on race, religion, ethnicity, national origin, gender, gender identity, disability, or sexual orientation. Unlike hate crimes, these incidents do not involve criminal conduct such as assault, threat, or property damage. Bias-motivated degrading comments often are considered to be bias incidents. Hate or bias incidents may also be violations of other prohibited conduct set for in this code such as harassment, disorderly conduct or sexual harassment.¹

If you feel you may be the victim of a bias related crime or incident or a victim of domestic violence, dating violence, stalking or sexual assault, please refer to the College’s Anti-Discrimination and Anti-Violence Against Women/Harassment Policies and Procedures.

5.2 Violence Against Women and Other Forms of Domestic Violence

Hudson Valley Community College respects the freedom of all students to learn in an environment free of harassment, intimidation or violence in any form. The College Community supports victims of sexual assault, stalking, dating violence and domestic violence by strictly enforcing its code of conduct against offenders and by providing support services to victims. These incidents will not be tolerated on the College Campus. For a complete description of HVCC Policy, please refer to the SaVE Provisions of the Violence Against Women Act  in the following section of the catalog.

Domestic Violence is defined by Hudson Valley Community College as any act which would constitute a violation of the penal law, including, but not limited to loud disruptive arguing, threats of violence, assaults, harassment including through social media or electronic communication, any non-consensual sexual activity, damaging property, theft, unwanted physical activity of any kind, stalking or any other unwanted or unwelcomed activity if the incident occurs between spouses, intimate partners, former spouses or former intimate partners.

Dating Violence is defined by Hudson Valley Community College as any act as articulated above that occurs between individuals who are or were engaged in a social relationship of a romantic or intimate nature.

Sexual Assault: A physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.

Stalking is defined by Hudson Valley Community College as intentionally engaging in a course of conduct, directed at a specific person that is likely to cause a reasonable person to fear for his or her safety or the safety of others. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose and repeatedly communicating by any means, including electronic means, with such person in a manner likely to intimidate, annoy, or alarm him or her. Such acts may be considered stalking by the college at any time but particularly where there has been clear communication that this contact is unwanted.

Affirmative consent is defined by Hudson Valley Community College as a knowing, informed, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

Affirmative consent must be clear and unambiguous. 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. Consent may be initially given but withdrawn at anytime. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated and thus cannot knowingly choose to participate in sexual activity. Incapacitation occurs when an individual lacks the ability to fully and 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.

As articulated in paragraph 4.1 Hudson Valley Community College reserves the right to prosecute certain violations of the Code of Conduct even if they occur off-campus.

Victims of Sexual Violence, Domestic Violence or Dating Violence should seek immediate assistance. Counseling and support services can be accessed by contacting the appropriate Title IX Coordinator at (518) 629–7307. Assistance and counseling services may also be obtained by contacting:

Public Safety by dialing 911 from any campus phone or by calling (518) 620–7210 from any cell phone or off-campus phone.

College Health Service (518) 629–7468

The Wellness Center (518) 629–7320

Rensselaer County 24-hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271–3257 or Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271–3639.

By contacting any local law enforcement agency or hospital emergency room.

An order of protection may be obtained through your local criminal court if a criminal charge is pending or through family court if the incident occurred between family members or intimate partners. On campus directives to stay away or limit contact may be obtained through the Vice President for Enrollment Management and Student Development or his designee.

5.3 Other Prohibited Conduct

5.3.1 The obstruction or disruption of any College function or activity, including the classroom instructional environment, administration of the parking program or service functions and activities is prohibited. This includes obstruction of the free flow of pedestrian or vehicular traffic, or the free access to, or exit from any part of the College Premises as well as the unauthorized use or occupation of College buildings or College Premises.

5.3.2 Harassment of a Student or Students, Faculty Member, College Personnel, College Official, Visitor, or the College as an institution by Student or Students, or by a non-student or non-students is prohibited. Harassment includes any threat, in any way expressed or implied, to the person or property, or any obstruction or attempted obstruction of any individual’s authorized movement on the College Premises. Harassment may also include the persistent use of abusive or offensive language or any language or action that may promote physical violence or physical or psychological intimidation.

5.3.3 The display of any inflammatory or incendiary signs, posters, or banners or the distribution of literature which encourages or promotes any actions that are prohibited under these Campus Regulations.

5.3.4 No firearms of any kind (including pellet, B-B guns, handguns, and rifles), explosives (including firecrackers and fireworks), live ammunition of any kind, noxious bombs or any other devices which are illegal under city, town, county, state or federal ordinance or law may be brought, possessed, or used on the College Premises. Duly authorized peace officers or police officers are exempted.

5.3.5 No cutting instruments, knives, blades nor any other weapon is allowed on College Premises except folding pocket knives two inches or under or those instruments needed for legitimate school purposes.

5.3.6 Possession, transportation, and/or the use of any illegal drug on the College Premises is prohibited.

1. No alcoholic beverage may be brought, possessed, or consumed on College Premises. The President of the College is the only person who can approve events at which alcoholic beverages can be consumed on campus. Information regarding alcohol or drug abuse or addiction treatment can be obtained through the Wellness Center.
2. No person who may appear to be intoxicated or affected by an illegal drug is allowed on the College Premises.

5.3.7 Gambling of any kind is prohibited.

5.3.8 Unauthorized use of the College’s duplicating or reproduction equipment, public address systems, email or radio station is prohibited. Authorization for such use may be granted only by the College President or his designee.

5.3.9 Any and all official information related to the College and its operation shall be transmitted to news media only through the College’s Public Information Office. Arrangements for reporters and/or radio or television station representatives to report or televise events on the College Premises shall be made only by the Public Information Office. Any other arrangements are unauthorized and the College reserves the right to bar (or remove) from the College Premises unauthorized news media representatives.

5.3.10 Defacing, damaging, or maliciously destroying any College, Faculty, or Student property is prohibited.

5.3.11 Student Identification: All Students and College Personnel are required to obtain and carry College identification cards at all times and to present them upon request to any College Official, or Faculty Member. Other identification must be shown if such a request is made and the person questioned does not have an ID card in his/her possession. Loss of an ID card must be reported to the Public Safety immediately.

5.3.12 Disorderly or unlawful behavior is prohibited and may be prosecuted by the College under this procedure whether or not such behavior is the subject of prosecution in any civil or criminal court.

5.3.13 Reckless or intentional actions which endanger mental or physical health are prohibited. The forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization is prohibited.

5.3.14 Hudson Valley Community College is a Tobacco Free campus. Chewing tobacco or using any product or similar product or device such as pipes, cigars or cigarettes or personal vaporizers is prohibited on the College Premises and in vehicles on campus and in buildings, grounds or vehicles owned, leased, operated, controlled or supervised by the College including any buildings or grounds located off campus.

5.3.15 False alarms, bomb scares or any form of false reporting submitted to any law enforcement or College agency involving alleged incidents or occurrences on College Premises is prohibited.

5.3.16 Unlawful behavior that is motivated in the selection of the victim or commission of an offense by a perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, gender identity, or sexual orientation is prohibited and may result in the imposition of more severe penalties.

5.3.17 Certain violations of the Academic Code of Ethics at the discretion of the Vice President for Enrollment Management and Student Development can be pursued as violations of Campus Regulations.

5.3.18 Willfully failing to comply with the directives of College Personnel is prohibited.

5.3.19 Intentionally furnishing the College with false information is prohibited.

5.3.20 Any activity that would be a violation of any federal, state or local statute is prohibited on College Premises.

5.3.21 Self-propelled vehicles on Campus- Skateboarding, roller skating, rollerblading the use of foot-operated recreational scooters is prohibited on the campus grounds. Bicycles are permitted on campus on college roadways and parking areas but must be walked on college walkways and sidewalks. The college reserves the right to determine the use of other devices or self-propelled vehicles on campus grounds.

5.3.22 Students are prohibited from operating or using unmanned aerial devices (including, but not limited to drones) or hover boards on campus. Instructors who make use of unmanned aerial devices on campus shall register the information with public safety. Students seeking exceptions for the use of such devices for curricular purposes, other than when the use is required by the course or instructor, must apply to the Vice President for Academic Affairs. Students seeking exceptions for co-curricular use must apply to the Vice President for Enrollment Management and Student Development. Visitors must seek approval from the Director of Public Safety.

5.3.23 Violation of published College policies or regulations, including, without limitation the following:

1. Parking and traffic regulations
2. Tobacco-free policy
3. Alcohol and drug policy
4. Any other published College policies, rules and regulations including those related to the entry into and/or use of College rooms, buildings, grounds, and facilities

Any retaliatory action of any kind taken against a person seeking redress under these procedures is prohibited and shall be regarded as a separate and distinct cause for complaint under these procedures.

GOOD SAMARITAN POLICY: The health and safety of every student at Hudson Valley Community College is of utmost importance. Hudson Valley Community College 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, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. HVCC strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to institutional 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 to HVCC officials or law enforcement will not be subject to HVCC 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.

Hudson Valley Community College supports students who reach out for assistance in the case of a medical emergency, as well as supports the student whom is helped. Therefore, a student or student organization seeking medical treatment for him/herself, or for any other student who is in immediate medical need, or any student who is the recipient of the emergency medical help particularly if the student is seeking medical help for any student who is the victim of a crime or may need immediate medical attention due to the use of alcohol or other drugs, will not be subject to disciplinary sanctions related to their own violation of using or possessing alcohol or other drugs on or off campus. The college strongly encourages bystanders to respond to potentially dangerous situations by reporting the incident promptly without fear of reprisal. However, if the circumstances dictate, the school reserves the right to notify parents of students under the age of 21 or to encourage counseling for students at any time if the well-being of the student is at risk.

5.4 Computer Ethics Policy

Hudson Valley Community College seeks to provide computer users with state of the art computing facilities and to keep the number of restrictions on individuals to a minimum, while maintaining excellent service for all users, Students in pursuit of their academic goals and College Personnel to conduct assigned work activity. To assist the College in achieving these objectives, users themselves must observe reasonable standards of behavior in the use of these facilities and maintain an atmosphere of civility, mutual respect and high ethical standards.

Prohibited Conduct

5.4.1 No attempt will be made to modify or destroy system software components such as operating systems, compilers, utilities, applications or other software residing on any College computer, except the user’s own files.

5.4.2 No attempt will be made to electronically transmit or post any material which is sexually explicit, hateful, or deemed prohibited.

5.4.3 No attempt will be made to access, read, modify or destroy files belonging to another user without complete authorization from that user to do so.

5.4.4 No attempt will be made to connect to or use College computers with a user ID which was not assigned to you by the College. Use of another person’s user ID or password is prohibited. Allowing another individual to use your user ID is prohibited.

5.4.5 No attempt will be made to gain access to a password belonging to another per son or place a password other than your own in a file on a College computer. In addition, no attempt will be made to install, run or place software designed for this purpose on any College computer.

5.4.6 No attempt will be made to bypass or otherwise defeat system security to gain access to programs, files or other computer data or to install, run or place software designed for this purpose on any College computer.

5.4.7 No attempt will be made to copy, store, post or distribute computer software, files or any other material in violation of trademark, copyright or confidentiality laws or when you do not have a legal right to do so.

5.4.8 No attempt will be made to interfere with proper operation of a computer or interfere with another person’s use of a computer, including for example, the electronic transmission or posting of files or programs containing viruses or any other content intended to interfere with proper operation of a computer.

5.4.9 No attempt will be made to impersonate any person, including other Students and College Personnel. No attempt will be made to disguise the origin of any electronically transmitted or posted material. No attempt will be made to make unauthorized use of someone else’s electronic signature.

5.4.10 No unauthorized attempt will be made to use, modify, connect or disconnect computer equipment, peripherals, communication equipment and cables.

5.4.11 No unauthorized attempt will be made to use any college computer to electronically transmit chain letters, junk mail, pyramid schemes or any other unsolicited mass mailings to multiple recipients with the exception of employees conducting College business and Students completing required College course assignments.

5.4.12 No unauthorized attempt will be made to connect to and/or gain access to information being transported by computer networks, or to install, run or place software designed for this purpose on any College computer. Installation or use of any network communication software not approved by the College is prohibited.

5.4.13 No user will make their password known to anyone other than an employee of the College authorized to assist College Personnel or Students with computer related problems.

5.4.14 No food or drink is permitted in any computer classroom or computer learning center with the exception of the Computer Cafe.
5.4.15 Users of College computers will comply with all local, state, federal and international laws relating to the use of computers and any other electronic communication services provided by the College.

5.4.16 Use of College computers for commercial, business purposes or personal profit is prohibited without specific authorization from the College for such use. Commercial or business purposes includes advertising the sale of goods and services not directly related to Hudson Valley Community College or campus based Organizations.

5.4.17 Use of College computers to falsify or modify documents in a manner which is unauthorized, is a violation of the rights of owners, is a violation of copyright laws or is not properly attributed is prohibited.

5.4.18 Use of College computers and network services for local or remote game playing is prohibited unless specifically required as part of a course in which a Student is currently registered or a Faculty Member is currently teaching. In addition, the installation, uploading, downloading or storage of any game software on College computers is prohibited.

5.4.19 Use of College computers and network services for IRC (Internet Relay Chat) or any other form of interactive chat communication is prohibited except for use by College Personnel in counseling, scheduling or admissions or where specifically required for communication as part of a course in which a Student is currently registered or a Faculty Member is currently teaching.

5.4.20 Website services for the entire College community are provided on a centralized server by the Office of Computer Services. Use of any other College computer for the purpose of serving a web site is prohibited.

Article VI. Procedure for Processing Complaints Involving Alleged Violations of Campus Regulations and Computer Ethics.

6.1 If a student is disruptive in class or on the HVCC Campus or in believed to be in violation of any Campus Regulation, a faculty member or staff member may remove the student from class or from the location of the disruption. The HVCC faculty or staff member may either direct the student to see the department chair or another appropriate member of the college community, meet with the faculty member or staff member or, if an incident report has been filed with public safety, direct the student to see the Vice President for Enrollment Management and Student Development before returning to class or the location or allow the student to return the following day, at the discretion of the faculty or staff member who witnessed the incident or oversees the Department.

6.2 Campus Regulations for Students, Visitors, College Personnel and Organizations - In cases of alleged violations of Computer Ethics and/or Campus Regulations, any College Personnel or Student shall notify the College’s Office of Public Safety or the Vice President and the complaint shall be processed consistent with the procedures set forth in Article VIII or Article IX. However, although College Personnel, visitors and outside organizations are subject to and must abide by Campus Regulations, they shall have no right to a hearing or appeal under this Code of Conduct and they shall utilize other applicable mechanisms to contest adverse actions.

6.3 All charges must be submitted in writing and signed by the accusing party.

6.4 It is strongly recommended that any party exercising his/her rights under this system or any party accused of violating any of the Codes of Conduct consult with the Campus Coordinator as soon as possible so rights, remedies and procedures can be explained.

6.5 The accused student or student organization shall meet with the Vice President within five (5) days of receiving notice of charges.

6.6 The Vice President for Enrollment Management and Student Development may also meet with the complainant, security officers and/or any witnesses at the Vice President’s discretion.

6.7 In any case where there has been an allegation of domestic violence, dating violence, stalking or sexual assault both the accusing and accused students are entitled to be accompanied by advisors in keeping with the parameters of section 9.2 and 3.16 at every stage of the proceeding.

6.8 If, at the conclusion of the Vice President’s investigation, s/he finds the accused individual did violate one or more provisions of the Campus Regulations and/or Computer Ethics, the Vice President may impose one of the following sanctions:

6.8.1 Letter of Warning.

6.8.2 Letter of Warning to be placed in an individual’s permanent record file for a stated period of time.

6.8.3 Restitution.

6.8.4 Community Service.

6.8.5 Counseling Services provided by the College.

6.8.6 Mandatory Course requirements (in civility, human relations, anger management, race or gender relations or a similar course designed to raise consciousness or awareness).

6.8.7 Disciplinary Removal from a Curriculum.

6.8.8 Disciplinary Probation.

6.8.9 Disciplinary Suspension (Current or deferred, subject to conditions).

6.8.10 Disciplinary Dismissal.

6.8.11 Disciplinary Expulsion – Termination of Student status without the possibility of readmission.

6.8.12 Restricted Access to classrooms or buildings.

6.8.13 Restricted Access to or loss of Computer Accounts.

6.8.14 Transcript Notation. Pursuant to statute, HVCC must note the transcript of any individual found to have committed any act of murder, manslaughter, rape, fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle thefts, and arson, as well as any acts of larceny, simple assault, intimidation, destruction or vandalism of property that is designated as a hate crime. Definitions used for these acts can be found in the FBI Uniform Crime Reporting Handbook. If a student is suspended for any of the aforementioned acts, the transcript will be noted, “Suspended after a finding of responsibility for a code of conduct violation” and shall remain noted for a minimum of 1 year after the conclusion of the suspension. If a student is expelled for any of the aforementioned acts, the transcript will be noted, “Expelled after a finding of responsibility for a code of conduct violation” and that notation cannot be removed. If a student withdraws from classes during the disciplinary process, the transcript will be noted. “Withdrew with conduct charges pending.” HVCC reserves the right to note transcripts for other offenses when warranted.

6.8.15 Any other sanction uniquely designed for the particular infraction.

6.9 Disciplinary suspension, dismissal, or expulsion from the College will most likely be imposed for, among others, the following: (1) Bias or hate related incidents (2) sexual assault (3) permitting or engaging in hazing (4) setting fires or intentionally causing a false fire alarm (5) possession of or threats involving weapons or explosives (including knives and firearms) (6) possession or sale of illegal drugs (7) physical abuse, violence, or threats directed toward anyone on the College Premises or any member of the College community off College Premises (8) serious forms of computer misconduct (9) repeated violations of the College Code of Conduct.

6.10 During the pendency of any proceeding under the Code of Conduct, the Vice President may, in his or her sole discretion, have the accused individual removed from the College Premises and enforce the restraint of the accused’s access to the College Premises in whole or in part, until his/her presence is required for the adjudication of the case if the Vice President views the violation as jeopardizing property of the College or another person or the individual’s safety or welfare or the physical or emotional safety or welfare of others, or the orderly operation of the College. The Vice President also may issue a no contact directive between any students either for their own safety or the safety of others that may subsequently be reviewed by the Vice President.

6.11 The sanction imposed by the Vice President shall constitute a final resolution of the matter unless the accused individual submits a request for a Hearing through the office of the Campus Coordinator as set forth in Article IX within five (5) days from the date the sanction was imposed.

Article VII. Code of Conduct for Academic Ethics

Academic Ethics

Hudson Valley Community College expects all members of the College community to conduct themselves in a manner befitting the tradition of scholarship, honor and integrity. They are expected to assist the College by reporting suspected violations of academic integrity to appropriate faculty and/or other College Personnel. These guidelines define a context of values for individual and institutional decisions concerning academic integrity. It is every Student’s responsibility to become familiar with the standards of academic ethics at the College. Claims of ignorance, unintentional error, or academic or personal pressures do not excuse violations.

Prohibited Conduct

The following is a list of the types of behavior that breach the College Academic Ethics guidelines and are therefore unacceptable. Commission of such acts, or attempts to commit them, fall under the term academic dishonesty and each is considered a serious offense, which carries severe penalties ranging from a warning to expulsion from the College. No set of guidelines can, of course, define all possible types or degrees of academic dishonesty; thus, the following descriptions should be understood as examples of infractions rather than an exhaustive list. Individual Faculty Members and the College Committee on Ethics and Conduct will continue to judge each case according to its particular circumstance. While Faculty Members are encouraged to distinguish between a Student’s unintentional failure to follow the Academic Ethics Code and an intentional violation of that Code, particularly in cases of suspected plagiarism, the responsibility for the integrity of work ultimately lies with the Student.

7.1 Plagiarism.

A Student is guilty of plagiarism any time s/he attempts to obtain academic credit by presenting someone else’s ideas as her/his own without appropriately documenting the original source. Appropriate documentation requires credit to the original source in a current manuscript style (e.g., MLA or APA) that is appropriate to the assignment and the discipline. While Faculty Members are encouraged to distinguish between a Student’s unintentional failure to follow the current conventions of the appropriate manuscript style and a blatant act of plagiarism, the responsibility for the integrity of work ultimately lies with the Student. Examples of someone else’s ideas may include the following:

Language, words, phrases, symbols
Style (written, oral or graphic presentation)
Data, statistics, including laboratory assignments
Evidence, research
Computer programs, creative projects, artwork
Intellectual ideas such as theories and lectures
Websites, digital forms of communication such as email, chat room, and instant messaging
Photographs, video, audio

7.2 Cheating on Examinations.

A Student is guilty of cheating any time s/he attempts to give or receive unauthorized help before, during, or after any type of examination. Examples of unauthorized help include the following:

Collaboration of any sort during an examination (unless specifically approved by the instructor)
Collaboration before an examination (when such collaboration is specifically forbidden by the instructor)
The use of notes, books, or other aids (e.g., cell phones, computers or other electronic devices) during an examination (unless permitted by the instructor)
Arranging for another person to take an examination in one’s place
Looking on someone else’s examination during the examination period
The unauthorized discussion of test items during the examination period
The passing of any examination information to Students who have not yet taken the examination
There should be no conversation while any type of examination is in progress unless specifically authorized by the instructor.

7.3 Multiple Submission.

Submitting all or some portion of the same work for credit more than once, without the prior explicit consent of the instructor to whom the material is being (or has in the past been) submitted.

7.4 Forgery.

Imitating another person’s signature or mark on academic or other official documents (e.g., the signing of a Faculty Member’s name to a College document).

7.5 Impersonation.

Assuming someone else’s identity and/or pretending to be someone else for the purpose of gaining academic credit.

7.6 Sabotage.

Destroying, damaging, or stealing of another’s work or working materials (e.g., lab experiments, computer programs, term papers, or projects). Also includes logging into another’s computer account to revise or delete any file or folder.

7.7 Unauthorized Collaboration.

Collaborating on projects, papers, or other academic exercises deemed inappropriate by the instructor(s). Although the usual Faculty assumption is that work submitted for credit is entirely one’s own, standards on appropriate and inappropriate collaboration vary widely among individual Faculty. Faculty Members are expected, therefore, to establish explicit expectations and standards. Students who want to confer or collaborate with one another on work receiving academic credit should make certain of the instructor’s expectations and standards.

7.8 Falsification.

Misrepresenting materials or fabricating information in an academic exercise or assignment, including laboratory assignments (e.g., the false or misleading citation of sources, the falsification of experiments or computer data, etc.). Falsification also includes falsely claiming to have completed work during an internship or apprenticeship.

7.9 Misuse of Library or Computer Resources.

Removing uncharged materials from the Library Building, defacing or damaging materials, intentionally displacing or hoarding materials within the Library Building for one’s unauthorized private use, or other abuse of reserve-book privileges. Or, without authorization, using the College’s or another person’s computer accounts, codes, passwords, or facilities; damaging computer equipment; or interfering with the operation of the computer system of the College. The College and Information Technology Services have established specific rules governing the use of computing facilities which appear under Article 5.4, Computer Ethics.

Article VIII. Informal Procedures for Processing Violations of the Code of Academic Ethics

8.1 Academic Ethics

A Student shall inform the Faculty Member responsible for the course or program when he/she acquires knowledge of violations of the Academic Ethics Code. Any College Official or a Faculty Member of a course or program for which he/she is responsible who has information that a Student may have violated the Academic Ethics Code may follow the procedures established in this Article VIII. The Chair of the Department responsible for the course may act on behalf of a Faculty Member.

8.2 Single Violation

When a Faculty Member suspects that a violation of the Academic Ethics Code has occurred, the Faculty Member shall take appropriate action. If the Faculty Member is not the instructor for the course involved, the appropriate Faculty Member should be notified immediately. Prior to imposing a sanction, the appropriate Faculty Member shall notify the Student as soon as possible regarding the alleged violation and proposed sanction. If the Student wishes to dispute either the allegation or the sanction, he or she shall immediately contact the Faculty Member to discuss the matter. If the Faculty Member finds the Student did violate one or more of the provisions of the Academic Ethics Code, the Faculty Member may impose one (1) or a combination of the following sanctions:

8.2.1 Warning without further penalty

8.2.2 Retaking a test/examination; redoing a written assignment or laboratory assignment

8.2.3 Lowering a grade on a project, written assignment, laboratory assignment, or test/examination

8.2.4 Issuing a failing grade on a project, written assignment, laboratory assignment, or test/examination

8.2.5 Lowering a final course grade

8.2.6 Issuing a failing grade for the course (may not be used in cases of unintentional plagiarism)

8.2.7 Removal from a course (Academic Withdrawal), course of study, major or program, with the approval of the Department Chair

8.2.8 Imposing a penalty uniquely designed for the particular infraction If, after meeting with the Faculty Member, the Student wishes to further dispute either the violation or the sanction, the Student may submit a request for a Hearing through the office of the Campus Coordinator as set forth in Article VIII within ten (10) days from the date the Faculty Member informs the Student of the violation and sanction. The Faculty Member is expected to inform the Student of the right to appeal through the Office of the Campus Judicial Coordinator if the sanction is unacceptable.

8.3 Reporting

Whenever a Faculty Member sanctions a Student for a violation of the Academic Ethics Code, the Faculty Member is expected to submit a “Violation of Academic Ethics Code Report” to the Campus Coordinator, advising that office of the Student’s name, violation, and the sanction imposed. If a Faculty Member submits a “Violation of Academic Ethics Code Report,” the student shall be notified of this report.

8.4 Multiple Violations

In the event a Student violates the Academic Ethics Code more than once, either within a single course or across multiple courses, the Vice President of Enrollment Management and Student Development may initiate proceedings under Article V to impose additional disciplinary sanctions, including removal from Degree or Certificate Program, suspension or expulsion from the College or any other sanction available to the Vice President under Article VI. The Article VI proceeding shall constitute a final resolution of the matter unless the Student submits a request for a Hearing through the office of the Campus Coordinator as set forth in Article VI within five (5) days from the date the sanction is imposed. The provisions of this article do not preclude a Faculty Member from pursuing additional sanctions under Article VII against students who have committed multiple violations, including removal from a course (Academic Withdrawal), course of study, major or program, with the approval of the Department Chair.

Article IX. Hearing Procedures Under the Code of Conduct

9.1 In the event the accused timely files a written request for a Review Board hearing (“Hearing”), the procedure set forth in this Article IX shall apply to any alleged violation of the Code of Conduct.

9.2 Use of and Responsibility for Obtaining and Compensating an Advisor:

During the Hearing an advisor may be allowed but such advisor must be individually obtained and compensated by the person(s) involved.

Victims of Sexual Assault, Domestic Violence, Stalking or Dating Violence are also entitled to an advisor. In these situations advisors may participate in the process on behalf of both the alleged offender and the accuser at every stage of the proceeding including initial meetings with Public Safety or with the Vice President for Enrollment Management and Student Development.

Advisors and individuals entitled to advisors may remain during the entire hearing.

9.3 The Campus Coordinator, once advised by an accused student that a Hearing has been requested, shall immediately notify the Committee on Ethics and Conduct and an impartial Review Board will be convened.

9.4 Within ten (10) days of the notification, a Hearing shall be held. Reasonable requests for adjournment by the campus coordinator, the accusing college official, the accused student or an individual accusing a student of Dating Violence, Domestic Violence, Stalking or Sexual Assault will be entertained and schedules will be accommodated to the extent possible.

9.5 The Review Board will be comprised of three members of the Ethics and Conduct Committee. It shall not contain more than one (1) administrator, one (1) faculty member, one (1) non-teaching professional or one (1) union member and shall always contain one (1) student. If the dispute arose from a particular department, no individual from that department is permitted to sit on the Review Board.

9.6 One of the members of the Review Board shall be designated as Chairperson and shall have the responsibility of reporting the decision of the Review Board to the appropriate College Official in writing.

9.7 The accused student and any student accusing another student of dating violence, domestic violence or sexual assault and the accusing college official shall be notified of the time, date and location of the hearing. If the accused student does not appear for the Review Board Hearing and was properly notified of its date, time and place, the accused individual shall be deemed to have forfeited his/her right to a Hearing and the sanction imposed by the Vice President or Faculty Member shall be automatically upheld.

9.8 The Review Board shall not be bound by the technical rules of evidence but may hear and receive any reports, documents, testimony, evidence or other information which is relevant and material to the issues, however, an individual’s prior sexual conduct with the accused or other persons is always irrelevant in the case of an allegation of sexual assault. Other disciplinary records or criminal records of the accused may be admitted as to the sanction, if they are relevant to the facts at hand. The weight to be given to any evidence shall be determined solely by the Review Board.

9.9 The Review Board adjudication shall be transcribed or taped and those witnesses appearing before the Review Board shall be sworn.

9.10 Only the primary parties in interest, alleged victims of dating violence, domestic violence, stalking or sexual assault (and their advisors, if any), the transcriber, the members of the Review Board and the Coordinator of the Judicial System shall be present throughout the Hearing. The Hearing shall be conducted in private. The advisors may not speak for or take the place of a primary party in interest or a victim. HVCC reserves the right to ask any participant in the Review Board Process to be removed from a hearing if they cannot maintain order and respect for the proceedings and procedures herein.

9.11.1 The coordinator of the Judicial System may provide to the Review Board and to the accused copies of documents to be considered by the Review Board in advance of the Hearing to the extent possible, but no party shall be limited to such documents. The accuser in any case of dating violence, domestic violence, stalking or sexual assault shall also be entitled to those documents if they are introduced into evidence.

9.11.2 The Chairperson will read the charges.

9.11.3 Each party may make an opening statement, beginning with the individual bringing the charge.

9.11.4 The person bringing the charge, whether by a Faculty Member or College Official accusing a Student of violating the Code of Academic Ethics or the Vice President accusing any Student, or Organization of violating the Campus Regulations will read, summarize, or identify all of the material information which has been submitted by witnesses, the Public Safety Office, or others. Materials will usually consist of, but are not restricted to, a summary case written by the Public Safety Office plus statements from witnesses or other persons involved in the situation. Documents shall also be submitted at this time if they have not been previously provided. The Vice President or other accusing party in the case of an allegation of the Academic Ethics code may also give testimony, submit evidence or call witnesses to give testimony or submit evidence or other information. If requested any student who may be the victim of dating violence, domestic violence or sexual assault may testify by alternative means which could include telephonic testimony or any other reasonable means available to insure their safety and confidentiality.

9.11.5 The accused party, any student who may be the victim of dating violence, domestic violence, stalking or sexual assault and the members of the Review Board may ask questions of any witness. An individual making an allegation of dating violence, domestic violence, or stalking may ask questions of the accused via the Review Board members or directly to the accused. After the submitted materials and evidence have been read, the accused will have the opportunity to refute or explain the materials or evidence or add information. The accused may choose to remain silent and not make any statements or participate in the discussion. The accused may call witnesses.

9.11.6 Each party will be provided an opportunity to give a summation of their respective positions. Any student who may be the victim of domestic violence, dating violence or sexual assault will have the opportunity to make or read a victim impact statement.

9.11.7 The Chairperson will conclude the Hearing when he or she is satisfied that all information has been submitted.

9.11.8 The Review Board will then convene in closed session and consider only information presented at the Hearing. If necessary, the Review Board may adjourn and reconvene, ask for further documentation, or call or recall witnesses with the assistance of the Campus Coordinator, if required.

9.11.9 If the Review Board feels the infraction did not occur, they shall state so in their written opinion.

9.11.10 If the Review Board finds, by a preponderance of the evidence, the infraction did occur, they must first consider the recommended sanction.

9.11.11 If the Review Board rejects in whole or in part the imposed and/or recommended sanction(s), the new findings must be based on substantial evidence in the record and the rationale shall be included in their opinion.

9.11.12 The decision of the Review Board as to whether the alleged infraction occurred and whether the sanction imposed is appropriate shall be made based on the information presented at the Hearing. The decision shall be in writing and delivered to the parties and to any individual accusing a student of dating violence, domestic violence, stalking or sexual assault and/or to any advisor.

Article X. Appeals

10.1 Within seven (7) days of the delivery of the decision of the Review Board, either party or an individual who made an allegation of dating violence, domestic violence, stalking or sexual assault may appeal the decision, in writing, and submit the appeal to the Campus Judicial Coordinator. An appeal may be taken from either the finding or from the sanction imposed.

Grounds for Appeal are limited to:

• An allegation that a procedural error occurred.
• An allegation that newly discovered evidence has materialized that would have affected the outcome of the hearing, or
• An allegation that the finding of the Review Board was arbitrary or capricious.

10.2 The Campus Judicial Coordinator will forward the appeal to the other party or parties and any alleged victim of domestic violence, dating violence, stalking or sexual assault who may submit a written response which must be received within three (3) days of the receipt of the appeal. The opposing party is under no obligation to respond to an appeal.

10.3 Within ten (10) days of receiving the appeal the Campus Coordinator will present it to an Appeals Board which will be made up of 3 members of the Ethics and Conduct Committee. No member of the Appeals Board may have any conflict of interest in hearing the Appeal, no member of the original Review Board may also sit on the Appeals Board, and it is not required that a student be a member of the Appeals Board.

10.4 The Appeals Board, after receipt of such appeal, shall make a final adjudication and determination in the matter based solely on the record and the written appeal and responses. The Appeals Board my either amend the decision of the Review Board if they find their decision to have been arbitrary or capricious or they may return the matter to the Review Board if they have found that newly discovered evidence or correcting a procedural error might have affected the original decision.

10.5 The accused individual, the accusing faculty member or college offical as well as any alleged victim in the case of an allegation of dating violence, domestic violence, stalking or sexual assault shall be notified of the final decision of the Appeals Board by the Campus Coordinator. There shall be no further appeals.

¹Applicable Laws and Criminal Penalties for Bias and Hate related Crimes. The federal government and more than 40 states, including New York, have hate crime statutes.

1. Federal Laws
   1. 10 USC 245 Hate Crimes Prevention Act of 1999-This act prohibits persons from interfering with and individual’s federal right (e.g. voting or employment) by violence or threat of violence due to his or her race, color, religion, or national origin. This act allows for more authority for the federal government to investigate and prosecute hate crime offenders who committed their crime because of perceived sexual orientation, gender identity, gender or disability of the victim. It also permits the federal government to prosecute without having to prove that the victim was attacked because he or she was performing a federally protected activity.
   2. Violent Crime Control and Law Enforcement Act of 1994-A part of the 1994 Crime Act, the Hate Crime Sentencing Enhancement Act provides for longer sentences where the offense is determined to be a hate crime. A longer sentence may be imposed if it is proven that a crime against a person or property was motivated by “race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation.”
   3. 28 USC 534 Crime Statistics Act of 1990-this act requires the Department of Justice to collect data on hate crimes. Hate crimes are defined as “manifest prejudice based on race, religion, sexual orientation or ethnicity.” These statistics are compiled by the FBI using the Uniform Crime Reporting system. The Crime Act of 1994 also requires the FBI to collect data on hate crimes based on disability.
2. New York State Law
   1. Hate Crimes act of 2000, Penal Law Article 485. This law enhances criminal penalties for a long list of enumerated crimes when perpetrators intentionally select a target based on the victim’s actual or perceived race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. The law also requires the state to collect, analyze and annually report on data regarding hate crime throughout the state.
   2. NY Civil Rights Law § 40-c-Prohibits discrimination or harassment based on race, creed, color, national origin, sex, or disability. Violation of this provision shall constitute a class A misdemeanor and subjects the perpetrator to a civil action brought by the victim for damages.
   3. New York Penal Law § 240.30- Covers aggravated harassment against a person “because of a belief or perception regarding a person’s race, color, national origin, ancestry, gender, religion, religious practice, age sexual orientation, regardless of whether the perception is correct.”

NYS Penal Law § 240.31- Enhances penalty for aggravated harassment.