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 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 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 College’s codes and regulations and the procedures for enforcing them, and acting accordingly.

Article III. Definitions

3.1 “Campus Judicial 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 Judicial 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, security guard or Public Safety 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” means the President of the College.

3.11 “Vice President” or “Vice President for Student Affairs” means the Vice President for Student Affairs or their 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 “Investigator” means the individual designated to investigate any allegation of a violation of this Code of Conduct.

3.14 “Reporting Student” means a student who is the alleged victim of an act of domestic violence, dating violence, stalking or sexual assault, regardless of how the incident was reported to the College.  A Reporting Student may also be referred to as a Complainant.

3.15 “Responding Student” means any Student who is accused of violating this Code of Conduct.

3.16 “Respondent” means any Student for whom probable cause has been found that he or she violated this Code of Conduct..

3.17 “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.

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.

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, or when required by law. 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 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. Temporary delays requested by external municipal entities while law enforcement gathers evidence may be granted, but temporary delays should not exceed 10 (ten) days, except when law enforcement specifically requests and justifies a longer delay. 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 that indicated a violation of the College’s Code of Conduct were dismissed, reduced, or resolved in favor of or against the criminal 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, Title IX of the Educational Amendments of 1972, and NYS Education Law including, but not limited to, 129B.  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 of New York 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 of Conduct. However, in cases where the Campus Judicial Coordinator or their designee, pursuant to an individualized safety risk assessment, 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 themselves or the College or its community, they 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. Any Student or Organization upon which temporary action has been taken has the right to have that action reviewed by the Campus Judicial Coordinator or the Vice President for Student Affairs at any time.

Any individual who believes they are victim of a crime, has the right to make a report to the College’s Public Safety department, local law enforcement, and/or State Police, or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.

Adjournments and delays in 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.

Prohibited Conduct
5.1 Bias Related Crimes

General Policy:  Many individuals become targets of hateful or harassing acts because others are unable to accept differences based on race, gender, sexual orientation, gender identity, religion, age, ethnicity, disability, or another protected class under New York State or Federal Law.

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, threatening or harassing comments, gestures, jokes, phone calls, electronic communications or e-mails are not uncommon.  Some bias incidents that do not violate criminal law do violate the College’s Code of Conduct prohibiting harassment and discrimination.

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, gender identity, or any other protected class.

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, sexual orientation, or any other protected class.  Unlike hate crimes, these incidents do not involve criminal conduct such as assault, threat, or property damage. Degrading comments motivated by bias are often considered to be bias incidents. Hate or bias incidents may also be violations of other prohibited conduct set forth in this Code of Conduct, such as harassment, disorderly conduct or sexual harassment.

Any individual who believes they may be the victim of a bias-related crime or incident, or that they may be a victim of domestic violence, dating violence, stalking or sexual assault, is directed to refer to the College’s Title IX or Affirmative Action Policies in addition to this Code of Conduct.

5.2 Sexual Harassment

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 supports victims of sexual discrimination and sexual harassment including students who report sexual assault, stalking, dating violence and domestic violence by strictly enforcing its Code of Conduct against offenders, and by providing support services to victims. Students should consult the SaVE Provision of the Violence Against Women Act on the Title IX webpage or in the following section of this catalog, for more information on supports and college policies.  These incidents will not be tolerated on College Premises and must be investigated if they allegedly occur between one or more Students enrolled at the College while off campus as well. For a complete description of College Policy as well as how the provisions affect employees, please refer to the Title IX Webpage or consult the Title IX Coordinator. Sex based discrimination and/or harassment includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Sexual -based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including:

1. Quid pro quo harassment.  An employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college’s educational program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
    
2. Hostile environment harassment.  Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so sever or pervasive that it limits or denies a person’s ability to participate in or benefit from the college’s education program or activity (i.e., creates a hostile environment).  Whether a hostile environment has been created is a fact-specific inquiry that included consideration of the following;

1. The degree wo which the conduct affected the complainant’s ability to access the college’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within the college’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in the college’s program or activity.

Specific Offenses:

1. Sexual Assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
2. Dating Violence means violence committed by a person:
   1. Who is or has been in a social relationship of a romantic or intimate nature with the complainant; and
   2. Where the existence of such relationship shall be determined based on a consideration of the following factors:
      1. The length of the relationship;
      2. The type of relationship; and
      3. The frequency of interactions betwe4een the persons involved in the relationship.
3. Domestic Violence includes a felony or misdemeanor crime committed by:
   1. A current or former spouse or intimate partner of the complainant under the family or domestic violence laws fo New York, or a person similarly situated to a spouse of the complainant; or
   2. Is cohabitating, or has cohabitated, with the complainant as a spouse or intimate partner; or
   3. Shares a child in common with the complainant; or
   4. Is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner; or
   5. Commits acts against a youth or adult victim who is protected from that person’s acts under the domestic or family violence laws of New York State.
4. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   1. Fear for the person’s safety or the safety of other; or
   2. Suffer substantial emotional distress.

Supportive Measures means individualized measured offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1. Restore or preserve the party’s access to the college’s education program or activity, including measures that are designed to protect the safety of the parties or the college’s educational environment; or
2. Provide support during the college’s grievance procedure or during the informal resolution process.

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. Affirmative Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Affirmative Consent.  The definition of Affirmative 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 securing Affirmative Consent 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. Affirmative Consent to any sexual act or prior consensual sexual activity, between or with any party, does not constitute Affirmative Consent to any other sexual act. Affirmative Consent may be initially given, but withdrawn at any time. When Affirmative Consent is withdrawn or cannot be given, all sexual activity must stop. Affirmative 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); lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 17; or if and individual otherwise cannot provide Affirmative Consent. Affirmative Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Victims of Sexual Violence, Domestic Violence or Dating Violence should seek immediate assistance. Counseling and support services can be accessed by contacting the appropriate Campus Judicial Coordinator or Title IX Coordinator. 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 Services (518) 629-7468 (Confidential Resource)

College Wellness Center (518) 629-7320 (Confidential Resource)

Rensselaer County 24-Hour Rape Crisis Center at Samaritan Hospital, Troy, NY (518) 271-3257 (Confidential Resource) or

Sexual Assault and Crime Victim’s Assistance at Samaritan Hospital, Troy, NY (518) 271-3639 (Confidential Resource).

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

An order of protection may be obtained through a local criminal court if a criminal charge is pending, or through family court if the incident occurred between family members or intimate partners. Please consult the Title IX Coordinator for assistance in obtaining an Order of Protection. On-campus directives to stay away or limit contact may be obtained through the Campus Judicial Coordinator or their 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, other 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 a 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 or the College Code of Conduct.

5.3.4 No firearms of any kind (including pellet guns, BB 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 College Premises. Duly authorized peace officers or police officers are exempted

5.3.5 No cutting instruments, knives, or 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 College Premises is prohibited. 

5.3.7 (a) 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.

        (b) No person who may appear to be intoxicated or affected by an illegal drug is allowed on the College Premises.

5.3.8 Gambling of any kind is prohibited. 

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

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

5.3.11 Defacing, damaging, or maliciously destroying the property of the College, or of any Faculty, other College Personnel, or Student, is prohibited.

5.3.12 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.

(a) All Visitors must be on the College Premises for a legitimate purpose. Visitors should request temporary Visitor Identification Cards and temporary parking permits at the Public Safety Department. The College reserves the right to determine whether the purpose 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.

(b) Visitors are required to show identification when requested to do so by Public Safety, 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.  

5.3.13 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.  

5.3.14 Reckless or intentional actions which endanger the mental or physical health of Students, Faculty or other College Personnel are prohibited. The forced consumption of alcohol or other drugs for the purpose of initiation into or affiliation with any organization or for any other reason is prohibited.  

5.3.15 Threats of harm to the safety or security of the College or the College community are prohibited whether made in person, online, via social media or in any way that causes alarm to any member of the College community.  Inciting others toward acts of violence is prohibited.

5.3.16 Hudson Valley Community College is a smoke-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 College Premises and in vehicles on College Premises, and in buildings, grounds or vehicles owned, leased, operated, controlled or supervised by the College, including any buildings or grounds located off campus. The use or possession of marijuana on College Premises is strictly prohibited.

5.3.17 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.  

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

5.3.19 Certain violations of the Academic Code of Ethics at the discretion of the Vice President for Student Affairs can be pursued as violations of Campus Regulations and the College Code of Conduct.

5.3.20 Willfully failing to comply with the directives of College Personnel is prohibited.  Students must comply with any and all directives to meet with Investigators and must comply with the directives of Public Safety officers at all times.

5.3.21 Intentionally furnishing the College with false information is prohibited.

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

5.3.23 Self-propelled vehicles on Campus: Skateboarding, roller skating, rollerblading, or the use of foot-operated recreational scooters is prohibited on College Premises.  Bicycles are permitted on College roadways and in College 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 College Premises.

5.3.24 Violation of published College policies or regulations, including, without limitation, the following:
          (a) Parking and traffic regulations
          (b) Smoke-free policy
          (c) Alcohol and drug policy
          (d) 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 occurs, including but not limited to domestic violence, dating violence, stalking, or sexual assault, may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  The College strongly encourages Students to report any act of violence, including domestic violence, dating violence, stalking, or sexual assault, to College Officials.  A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of violence, domestic violence, dating violence, stalking or sexual assault to College Officials or law enforcement will not be subject to College Code of Conduct disciplinary action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the act of violence, 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 and supports the student who is helped. Therefore, a student or Student Organization will not be subject to disciplinary sanctions related to their own violation of College Code of Conduct alcohol and/or drug use or possession policies, on or off campus, when seeking medical treatment for:

• Themselves or;
• 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.

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 College 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, Faculty, and other 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, harassing 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 the user by the College. Use of another person’s user ID or password is prohibited. Allowing another individual to use one’s user ID or password is prohibited.

5.4.5 No attempt will be made to gain access to a password belonging to another person or place a password other than the user’s 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 the user does 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, Faculty or other 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 Faculty and other College Personnel 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 College-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 Web site services for the entire College community are provided on a centralized server by the Information Technology Services office. Use of any other College computer for the purpose of serving a website 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 College Premises or is believed to be in violation of any College Regulation or the College Code of Conduct, Faculty or other College Personnel may remove the student from class or from the location of the disruption. The Faculty Member or other College Personnel may either direct the student to see the department chair or another appropriate member of the College community, or to meet with the Faculty Member or other College Personnel, the Campus Judicial Coordinator, or Public Safety before returning to class or the location, or allow the student to return the following day, at the discretion of the Faculty Member or other College Personnel who witnessed the incident or oversees the department.

6.2 Campus Regulations for Students, Visitors, and Organizations - In cases of alleged violations of Computer Ethics and/or Campus Regulations, any Faculty, other College Personnel or Student shall notify the College’s Office of Public Safety, The Title IX Coordinator, or the Campus Judicial Coordinator and the complaint shall be processed consistent with the procedures set forth in Article VII.  

6.3 All formal charges must be submitted in writing.  All students are entitled to a presumption of ‘not responsible’ at the commencement of an investigation.

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

6.5 The Reporting Student shall meet with the Campus Judicial Coordinator or other appointed Investigator within five (5) days of receiving notice of an investigation.

6.6 The Campus Judicial Coordinator or other appointed Investigator will conduct an investigation.  They may also meet with the Reporting Student, Public Safety officers and/or any witnesses on or off campus, review and collect evidence, and perform other duties they may deem necessary to complete the investigation at their discretion.

6.7 In any case where there has been an allegation of sexual discrimination, sexual harassment, domestic violence, dating violence, stalking or sexual assault, the case will be responded to promptly and it will be investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training.. Both the Reporting and Responding Students are entitled to be accompanied by advisors in keeping with the parameters of §9.2 at every stage of the proceeding.

6.8 If, at the conclusion of the investigation, it is determined that cause exists to believe the accused individual did violate one or more provisions of the Campus Regulations and/or Computer Ethics, or the College Code of Conduct, an informal resolution may be reached between the Respondent and the Campus Judicial Coordinator or their designee on consent of all parties, including a Complainant when required.  The following sanctions may be imposed:

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 for between one week and three years (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, Hudson Valley Community College must note the transcript of any individual found to have committed any act of Homicide, Sexual Offenses, Robbery, Aggravated Assault, Burglary, Motor Vehicle Thefts, Arson, Possession or Use of Weapons, Drug Abuse violations or Liquor Law violations, as well as any act of larceny, simple assault, intimidation, destruction or vandalism of property that is designated at as 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 one (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 Code of Conduct charges pending.”

6.8.15 Any other sanction uniquely designed for the particular infraction.

6.9 The sanction imposed shall constitute a final resolution of the matter upon the consent of all parties in any case alleging sexual discrimination or sexual harassment, or, in all other cases, unless the Respondent submits a request for a Hearing through the office of the Campus Judicial Coordinator as set forth in Article IX within five (5) days from the date the sanction was imposed. The Campus Judicial Coordinator may also defer the imposition of any sanction and refer any matter directly to a Review Board pursuant to Article IX.

6.10 During the pendency of any proceeding under the Code of Conduct, whether a sanction was imposed or whether the sanction was deferred for a Review Board, the Campus Judicial Coordinator or their designee may impose an interim sanction or accommodation or have the Respondent removed from the College Premises and enforce the restraint of the Respondent’s access to the College Premises in whole or in part, until their presence is required for the adjudication of the case if  they view 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. Temporary sanctions, removals or accommodations or the lack thereof may be reviewed by the Vice President of Student Affairs. Either the Responding Student or the Reporting Student may request a review and may submit evidence on behalf of their position.

6.11 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, on or off College Premises (8) serious forms of computer misconduct (9) repeated violations of the College Code of Conduct.

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, including individual course policies. 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 they attempt to obtain academic credit by presenting someone else’s ideas, including content generated by an Artificial Intelligence third-party service or site, as their 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. 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. Regarding the suspicion of AI-generated content, under no circumstances shall the results from an AI detection tool constitute the sole basis for a charge of plagiarism. Whether in citiation or prose, students are ultimately responsible for the integrity of their work. 

Examples 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
Web sites, 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 they attempt 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)

The use of content generated by an Artificial Intelligence third-party service or site (AI-generated content) (unless specifically approved 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. Fabricating information includes content generated by an Artificial Intelligence third-party service or site (AI-generated content).

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 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 they acquire knowledge of violations of the Academic Ethics Code. Any College Official or Faculty Member of a course or program for which they are 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, they shall immediately contact the Faculty Member to discuss the matter. If the Faculty Member finds cause that 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 the imposition of the sanction, 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 Judicial Coordinator as set forth in Article IX within ten (10) days from the date the Faculty Member informed the student of the violation and sanction. The Faculty Member is expected to inform the student of the right to a hearing through the office of the Campus Judicial Coordinator if the sanction is unacceptable or if the student insists they are not responsible.

8.3 Reporting

Whenever a Faculty Member sanctions a student for a violation of the Academic Ethics Code, the Faculty Member is expected to notify the Campus Judicial Coordinator, copying in the Department Chairperson, of the course and the student’s program, advising that office of the student’s name, violation, and the sanction imposed.  

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 for Student Affairs or the Campus Judicial Coordinator may initiate proceedings under Article VII to impose additional disciplinary sanctions, including removal from degree or certificate Program, suspension or expulsion from the College, or any other sanction available under Article VI and under the process therein. The provisions of this article do not preclude a Faculty Member or the Department Chair from pursuing additional sanctions under Article VIII against Students who have committed multiple violations, including removal from a course (Administrative 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 Respondent timely files a written request for a Review Board hearing (“Hearing”), ten (10) days after receiving notice of any sanction or finding of a violation of the Academic Ethics Code or five (5) days after receiving notice of any sanction or finding of the Campus Regulations Code, or if the matter is immediately referred for a Review Board hearing by the Campus Judicial Coordinator, 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. An advisor may be a parent or child of the Responding Student, a spouse or partner, a member of the College community, or any individual of the student’s choosing.

Reporting Students 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 Responding Student and the Reporting Student at every stage of the proceeding, including initial meetings with Public Safety, any Investigator, the Campus Judicial Coordinator, the Title IX Coordinator, and any on-campus service provider.

Advisors and individuals entitled to advisors may remain during the entire hearing.  However, advisors may only act in an advisory capacity. No advisor represents a student or any party at a disciplinary hearing. The advisor can pass notes to or speak quietly to the student or party but cannot speak directly to the review board or give evidence or testimony to be taken into the record unless otherwise mandated by law.

9.3 The Campus Judicial Coordinator, once advised by a Respondent that a Hearing has been requested, shall immediately notify the Committee on Ethics and Conduct and an impartial Review Board will be convened.  All Review Boards and Decision Makers shall be free from bias and remain objective.  They all shall receive the proper training pursuant to law and policy before sitting on a Review Board.

Any party to an action may submit and review the evidence before the hearing though evidence cannot be photographed, duplicated, or removed from the disciplinary file.  The unauthorized disclosure of information and evidence is a violation of Campus Regulations.

9.4 Within twenty (20) days of the notification, a Hearing shall be held. Reasonable requests for adjournments will be entertained and schedules will be accommodated to the extent possible.

9.5 The Review Board will, generally, be comprised of three members of the Ethics and Conduct Committee. 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 Respondent, the Reporting Student, any Faculty Member who has imposed a sanction, and any Investigator shall be notified of the time, date and location of the hearing and shall have access to the case file for review. If any of the parties listed above would like to have other witnesses come on their behalf, that party should notify those witnesses of the time, date and location of the hearing.  If the Respondent does not appear for the Review Board Hearing and was properly notified of its date, time and place, the Respondent shall be deemed to have forfeited their right to a Hearing and the sanction imposed by the Campus Judicial Coordinator or Faculty Member may be automatically upheld unless the sanction would warrant a mandated transcript notation. In that event, the Hearing will be conducted without the presence of the Respondent, who will be deemed to have waived their appearance.

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 other persons will be deemed irrelevant unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct.  Prior consensual sexual conduct between the parties may be introduced on the issue of consent, however, prior consent will not, in and of itself, demonstrate or imply consent in the instant interaction.  Prior mental health history is generally irrelevant in the case of an allegation of sexual harassment. Evidence subject to privilege is also inadmissible unless the privilege has been waived by the individual who possesses the privilege. Written consent must be obtained before records in the possession of a psychologist, physician, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness may be admitted.  Prior disciplinary records or prior criminal records of the Respondent 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.  Knowing making a false statement at a hearing is a violation of Campus Regulations.

9.10 Only the primary parties in interest, Reporting Students (and their advisors, if any), the transcriber, the members of the Review Board, an Investigator, if any, and the Campus Judicial Coordinator shall be present throughout the Hearing. The Hearing shall be conducted in private. The College 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 Conduct of the Hearing

9.11.1 The Campus Judicial Coordinator or any party 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. A Reporting Student shall also be entitled to those documents if they are introduced into evidence but evidence shall be kept by any party, witness, or Review Board member after the hearing.  The disciplinary file (one copy) shall be maintained by the Campus Judicial Coordinator or their designee.

9.11.2 The Chairperson will read the accusation and the proposed sanction, if any.

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

9.11.4 The Investigator, whether it be (a) a Faculty Member or (b) a College Official who has found cause of a violation of the Code of Academic Ethics, or (c) the Campus Judicial Coordinator, or (d) another Investigator will read, summarize, or identify all of the material information which has been submitted. They may testify to their findings or present further information and present witnesses. A Reporting Student may testify by alternative means available to ensure their safety and confidentiality.  In cases alleging sexual discrimination or harassment, the Review Board, through its chair, will be able to question parties and witnesses to assess credibility if credibility is both in dispute and relevant.  A party or a complainant may submit questions to the Review Board they would like answered but the Review Board must first determine if those questions are proper and relevant before asking them.  A Review Board may also reject questions that are deemed harassing or unclear and must state their reason(s) for rejecting questions.  Questions may also be rejected if they violate the SUNY Model Rules of Decorum posted in full on the college’s Title IX webpage.  No inference can be made about the occurrence or non-occurrence of any event based solely on a party’s refusal to answer a question.

9.11.5 In cases other than those alleging sexual discrimination or harassment, the presenting party, the Respondent and the members of the Review Board, may ask questions of any witness or party. Alternative means for the asking of questions may be arranged in accordance with relevant state and federal law, College policy, or practicality. In all cases, after the submitted materials and evidence have been read, the Respondent will have the opportunity to refute or explain the materials or evidence or add information. The Respondent may choose to remain silent and not make any statements or participate in the discussion. The Respondent may call witnesses.

9.11.6 The presenting party, the Respondent, and the Reporting Student may make a final 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 Judicial Coordinator, if required.

9.11.9 If the Review Board finds that a preponderance of the evidence confirms the infraction did occur, it shall state so in its written opinion..

9.11.10 If the Review Board finds the preponderance of the evidence shows the infraction did occur, the sanction recommended must be upheld unless clear and convincing evidence shows that it is arbitrary or capricious. If the sanction is found to be arbitrary or capricious, the new sanction imposed must be based on substantial evidence in the record, and the rationale shall be included in their opinion.  If no sanction has been recommended, the Review Board shall impose a sanction based on the evidence presented.

9.11.11 The decision of the Review Board as to whether a preponderance of the evidence showed the alleged infraction occurred and whether the sanction imposed is valid, shall be made based on the information presented at the Hearing. The decision shall be in writing and delivered to the Campus Judicial Coordinator, who will forward it to the presenting party, the Responding party and the Reporting Student either personally or through their advisor.

Article X. Appeals

10.1 Within seven (7) days of the delivery of the decision of the Review Board, or upon the dismissal of a complaint alleging sex-based discrimination or harassment, the presenting party, the Responding Student or the Reporting Student 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.

An appeal may be made on any of the following grounds:

1. A procedural error occurred which affected the outcome of the case.

2. Newly discovered evidence has materialized that would have affected the outcome of the case.

3. The finding of the Review Board was arbitrary or capricious.

4. There was no basis for the dismissal of the sex-based harassment complaint.

10.2 They will forward the appeal to the other party or parties and any Reporting Student, any of whom 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 seven (7) days of receiving the appeal, the Campus Coordinator will present it to an Appellate Board which will be comprised of up to three members of the Ethics and Conduct Committee and may be a single individual. No member of the Appellate Board may have any conflict of interest or bias in hearing the appeal. No member of the original Review Board may sit on the Appellate Board.

10.4 The Appellate 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 Appellate Board may 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 should be considered or if they have found a procedural error that must be corrected.

10.5 The Responding individual, the presenting Faculty Member or College Official, as well as any Reporting Student, shall be notified of the final decision as permitted by law. There shall be no further appeals.

[1] Applicable 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

a) 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.

b) 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.”

c) 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

a) Hate Crimes act of 2000, Penal Law Art 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 crimes throughout the state.

b) 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.

c) 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.