Hartwick college

Student Judicial System
Jurisdiction - General College Community
Jurisdiction - Students
Off-Campus Conduct
Student Judicial System Structure
Procedures for Placing Charges
Disciplinary Records
Notification of Judicial Decisions
Carryover Cases
Non-Compliance with Penalties
Student Status Pending Final Action
Student Disciplinary Sanctions
Appeals Process

Accountability for decisions made is an important part of student development. The Division of Student Affairs is responsible for enforcement of community standards. Possible sources of resolution for alleged violations of community standards include the Student Code of Conduct Board composed of students and a staff advisor, as well as the vice president for Student Affairs and hearing officers appointed by the vice president. The institution looks at the judicial process as an opportunity for personal growth and development.

Student Judicial System
Disciplinary actions and judicial proceedings at Hartwick are administrative and educational in nature, rather than criminal/punitive. College disciplinary action for violation of its regulations differs in nature, purpose, and procedure from civil or criminal proceedings. The goal of a College proceeding is to arrive at a fair and impartial decision that ensures the rights, freedoms, and safety of all members of the Hartwick community while protecting the special educational interests of the institution. It is the philosophy of the College that violations should be handled in a manner that informs and guides students toward the development of personal responsibility and towards mature, moral, and ethical standards. For a College judicial body to achieve this purpose, it is necessary to handle each case individually, with consideration for the unique details of each case as well as the severity of the alleged violations.

When a student is charged with a violation of College policies, procedures, rules or regulations, or other inappropriate conduct, judicial proceedings will result. A student charged with a violation of federal, state or local laws, whether the violation occurred on or off campus, may be subject to proceedings within the College system, the appropriate civil or criminal judicial system, or both. A student convicted of a serious violation of federal, state or local laws may be subject to suspension by the College. Separate proceedings by the College and criminal/civil systems do not constitute "double jeopardy." The refusal of either the campus or civil system to proceed with a case does not preclude the other from doing so. College inaction because of a lack of jurisdiction over an offense in no way implies College condonation of the offense or of any violation of law.

Failure to comply with policies, procedures, rules and regulations outlined in the text of the Hartwick College Student Handbook, Hartwick College Catalog or any other official policy or procedure of the College may result in disciplinary action.

Any student receiving a notice of a hearing is strongly encouraged to call the Office of Residential Life. Advocates will be available to respond to questions, review the judicial procedures, and provide judicial advising. Appointments can be made by calling ext. 4504.

Jurisdiction - General College Community
The vice president for student affairs is authorized by the president of the College to enforce College policies, procedures, rules and regulations in non-instructional areas in regard to Hartwick students. The enforcement of academic policies, procedures, rules and regulations (including cases of cheating and plagiarism) is delegated by the president to the vice president for academic affairs and dean of the faculty. Alleged violations of the rules of conduct by any faculty member are referred to an appropriate faculty committee or to the vice president for academic affairs and dean of the faculty, while alleged violations by administrators or other College employees are reviewed by the president or his/her designee.

Jurisdiction - Students
The College jurisdiction is generally confined to the conduct of enrolled students whose actions are alleged to be damaging to the College's special interest as an educational community. Actions on and off campus that violate College policy or civil or criminal law are considered to be detrimental to the educational goals, purposes and environment of the College, regardless of any jurisdiction that civil or criminal agencies may have. Any person, including visitors, licensees, invitees or trespassers who violate any of Hartwick's rules of conduct and/or behave in a manner adversely affecting public order are subject to arrest and prosecution by law and may be ejected from College property by the president or his/her designee.

Off-Campus Conduct
Hartwick College is a member of the larger Oneonta community. Off-campus rights and freedoms of students involve the responsibility to display conduct and behavior that reflect favorably on them, the College and the community. Any violation of local, state and/or federal law also may be subject to College disciplinary action regardless of whether occurring on or off campus. Entry of the arrest of a student into a police blotter is considered sufficient documentation to institute student misconduct charges, as are reports of student misconduct by the student affairs staff of other colleges and universities. First-time minor offenses may result in a letter of censure rather than referral to the College judicial system.

Students away in College-sanctioned activities must follow the same policies of conduct and possible disciplinary action as if on campus.

Student Judicial System Structure
The student judicial system consists of three adjudicating bodies: Student Code of Conduct Board, Appellate Board, and the vice president for student affairs. Because the College does not prosecute cases, the judicial structure is not adversarial using a jury, prosecutor and defense lawyer. Among other things, this means that students subject to disciplinary proceedings have no right to counsel, to question or confront witnesses, or to compel the appearance or persons or the production of information in connection with such proceedings. Subject to the specific procedures set forth below, the foregoing adjudicatory bodies have the power and authority (in consultation with the vice president for student affairs) to adopt reasonable rules of procedure governing their respective consideration of disciplinary cases.

All of these bodies share comparable responsibilities. First, each hears cases of alleged student violations of College policies, procedures, rules and regulations. The allegations may be against a student or a group of students based upon conduct occurring on or off campus. Second, each body is empowered to decide responsibility based on the facts presented in each case. Third, each body establishes sanctions in cases of findings of responsibility. The Student Code of Conduct Board, Appellate Board, and hearing officers are advised by professional staff, faculty, and/or College counsel. Advisors to the two boards are appointed by the vice president for student affairs. Advisors are non-voting members of the boards to which they are appointed and serve as resources on questions of policy, procedure, legal requirements and implications for student development. The vice president for student affairs has authority to act in review on all judicial decisions rendered by any hearing body.

Procedures for Placing Charges
All complaints regarding violations of College policies, procedures, rules or regulations should be submitted to the director of campus safety or the vice president for student affairs for investigation. Ultimately, the vice president for student affairs or his/her designee is responsible for receiving and investigating all complaints, incidents, and alleged violations of College policies, procedures, rules and regulations dealing with student conduct. Any student, faculty member or administrator can file a complaint against any other member of the College community.

If the vice president for student affairs or his/her designee determines that there is sufficient basis for bringing a charge against the student, it is the vice president's responsibility to refer the charge to the appropriate adjudicating body having jurisdiction over the matter. The vice president will consult with the chairperson of the appropriate body to set a date for the hearing session. The chairperson will be responsible for contacting all other adjudicating body members (if any) and the accused regarding the date, place, and time of the session.

Disciplinary Records
Sanctions and recommendations issued by any judicial body or any College official shall be recorded in the Office of Student Affairs. For information on the maintenance and release of this information, see Personal Records (Office of Student Affairs) under Student Privacy Rights and Confidentiality.

Notification of Judicial Decisions
The vice president for student affairs or his/her designee sends written notification of student violations, sanctions, and recommendations to appropriate College officials who might provide counseling or assistance to the student, and to other College officials having legitimate educational interests. In cases of residence hall probation, disciplinary probation, removal from College housing, suspension or expulsion, a letter is sent to the parents or guardians of the student. The College will notify parents of violations of alcohol and/or drug policies by students under age 21. Notification of suspension or expulsion is filed with the Registrar's Office. In cases of suspension, the student's transcript indicates withdrawal and the date when the action became effective. In cases of expulsion, the student's transcript will indicate this sanction.

Hartwick College will, upon written request, disclose to the alleged victim of any crime of violence (defined as (a). an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b). any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.) , or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by Hartwick College against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for the purposes of this paragraph.

Carryover Cases
In the event that a hearing cannot be held at the end of the academic year, the case may be carried over to the following Fall Term if the student is not graduating. End-of-year violations by graduating seniors must have a hearing and disposition prior to the student being able to officially graduate. The College will make reasonable efforts, but is not obligated, to schedule and conduct a hearing for graduating seniors prior to commencement ceremonies.

Non-Compliance with Penalties
In cases of non-compliance with penalties or remedies issued by any campus adjudicating body, the offender may be charged with failure to comply or may be suspended until he/she has complied.

Student Status Pending Final Action
Pending action on the charges, status of a student should not be altered, or his/her right to be present on the campus and to attend classes suspended, except for reasons outlined under Student Disciplinary Santions below, Suspension Pending Hearing.

Student Disciplinary Sanctions
Sanctions are used to assist students in developing greater personal responsibility and to guide students toward mature, moral and ethical standards. In cases in which responsibility is established the appropriate hearing body may recommend one or more of the following sanctions to the vice president for student affairs for approval, rejection or modification, or the vice president for student affairs or his/her designee may impose the following sanctions:

Warning
A written and/or oral statement to the student acknowledging that he/she has committed a violation.

Censure
A written notice to a student stating that continuation or repetition of wrongful conduct may lead to more severe disciplinary action. Special conditions may be a part of a censure to assist the student in corrective action.

Restitution
Technically, restitution is financial reimbursement for damage to or misappropriation of property. However, restitution may be imposed in the form of appropriate service to the College or the community as compensation for damages. Failure to comply with an order of restitution within the prescribed period of time may result in the imposition of additional sanctions.

Fines
A fine may be imposed by the sanctioning body for violation of College policy. Payment collected from fines may be credited to a specific area or office of Hartwick College, credited to the College’s general assets, or donated to a charitable or non-profit organization as determined by the sanctioning body. Failure to pay a fine within the prescribed period of time will result in the fine being doubled and added to the student's College bill.

College Service
College service sanctions are intended to broaden the understanding of the negative impact of inappropriate behaviors on the community. Through deliberate and planned activities, students performing college service sanctions have a unique opportunity to make a positive contribution to the Hartwick and greater Oneonta communities and to develop an understanding of the importance of civic responsibility. Failure to comply with a college service sanction within the prescribed period of time will result in the imposition of additional sanctions.

Mandated Counseling
To assist the student in developing better problem-solving skills and coping mechanisms, counseling may be required. This sanction typically addresses issues involving anger management, relationships, or alcohol and other drugs. Failure to attend mandatory counseling, or to participate in good faith in the counseling sessions, may result in the imposition of additional sanctions.

Residence Hall Probation
This sanction is imposed for a specified period of time upon students whose conduct has impaired the normal functioning and operation of a College residence hall or has impaired, limited or violated the rights of a resident of a residence hall or Greek house. Any violation of College or residence hall policies, procedures, rules or regulations by a student on residence hall probation may result in recommendation of residence hall reassignment or suspension of the privilege to live in College or Greek housing. No refund is normally due to the student in such event.

Disciplinary Probation
This sanction is imposed for a specified period of time upon students whose conduct has impaired the educational function and operation of the College, its services, activities or events; or has impaired, limited or violated the rights and privileges of any member of the Hartwick community. It may also be imposed in cases of repetitious minor misconduct. Disciplinary probation may have a variety of specific conditions imposed, such as, but not limited to, exclusion of a student's participation in co-curricular activities, i.e. clubs, organizations, athletic activities. Any violation of (a) College policies, procedures, rules or regulations or (b) any condition of the probation by a student on disciplinary probation may result in the imposition of additional sanctions such as suspension.

Removal from College Housing
This sanction is imposed upon students who have violated residence hall probation or whose presence in College housing has encouraged or provoked disorderly conduct or impaired the educational environment of the residence hall. This sanction may also be imposed when, in the judgment of the vice president for student affairs or his/her designee, steps must be taken to assure the safety and security of campus residents or property. The imposition of this sanction indicates that the interests of the College can no longer be served by a student's continued residence on campus. Removal lasts for a specified period. When this sanction is imposed there is normally no refund due to the student. At the end of the specified period, a student must return to College housing or follow the established procedures for moving off campus as described under Residential Life Policies.

Cease and Desist Order
A cease and desist order can be imposed for an interim period pending hearing by the vice president for student affairs or his/her designee as a measure to de-escalate a potentially volatile situation between a student and any other party. Imposing a cease and desist order carries with it the expectation that formal charges have been or will be filed with the director of campus safety or the vice president for student affairs. Continuation of a cease and desist order may be included as part of a judicial sanction.

Suspension Pending Hearing
Hartwick College reserves the right to suspend for an interim period pending hearing any student in order to:

• ensure the student’s own physical or emotional safety and well-being; or
• ensure the safety and well-being of members of the College community or preservation of College property; or
• prevent a threat of disruption of or interference with the normal operations of the College.

A case may be heard in absentia before a student withdrawal or leave of absence takes effect. Authority for suspension pending hearing rests with the vice president for student affairs or his/her designee.

Suspension
Suspension is separation from the College for a period not less than through the end of the current academic term. Suspension may be for a specific period of time or indefinite. Special terms for re-admission may be outlined in the suspension. When a period is specified, the student may apply for re-admission at the end of the specified time. This application will be reviewed by the vice president for student affairs. When no period is specified, application for re-admission is contingent upon a favorable review by the vice president for student affairs or his/her designee. Any student who is suspended must cease residing on the campus within twenty-four hours of notification unless special permission is granted by the vice president for student affairs or his/her designee. The vice president for student affairs may reduce the twenty-four hour period when deemed appropriate. There is no refund of tuition, room or board.

Expulsion
Expulsion provides for permanent termination of Hartwick student status. Expelled students are ineligible to receive any grades not officially posted with the registrar effective the date the expellable offense was committed. Notification will appear on the student transcript. Any student who is expelled must cease residing on campus immediately unless permission is granted by the vice president for student affairs or his/her designee. There is no refund of tuition, room and board.

Other Sanctions
In addition to the potential sanctions described above, other educational sanctions may be imposed. Specific sanctions for particular offenses may be specified elsewhere in this handbook.

Effect of Sanctions on Financial Aid
Students should be aware that under the provisions of some financial aid grants, their classification (as a result of a disciplinary sanction) may disqualify them from one or more sources of financial assistance. Students with questions regarding the details of their situation are urged to contact the Financial Aid Office.

Sanctions for Student Organizations
Sanctions for student organizations will be based on an educational model and may include, but are not limited to, educational programming, college service, fines, loss of privileges, probation, removal from housing, suspension, and loss of recognition.

If a sanctioned student becomes non-registered at Hartwick College for a period of time, their uncompleted sanction may be extended by the College upon their return. This includes leaves of absence, withdrawal from the College and other lengthy absences from Hartwick College.

Appeals Process
Requesting an Appeal
Students may appeal the decision of a hearing body or hearing officer. A Notice of Desire to Appeal Form must be submitted to the Office of Student Affairs within five days of the notification of the decision.

An appeal may be requested by any member of the College community declared responsible by any hearing officer or body. A request for an appeal hearing may also be made on behalf of the College by the College official with whom the original charges were filed. The appeal should be directed to the Office of the Vice President for Student Affairs.

Appeals based on a decision of the Special Hearing Board (described under Sexual Harassment, Sexual Misconduct and Rape/Sodomy) or a case heard by the vice president for student affairs should be directed to the President's Office.

In either case, a written request must be filed within five class days of the notification date indicated on the original Judicial Decision Form. If a request for an appeal is not filed within five class days, the original decision is final and no appeal is available. Under extraordinary circumstances, the vice president for student affairs may grant a request for appeal after the deadline.

Sanctions remain in effect until the appeal process is completed, unless temporarily removed by the vice president for student affairs.

Grounds for Appeal
There are only three possible grounds for an appeal:

1. Procedural errors, shown to have had a material and detrimental impact on the outcome of the judicial proceeding.
2. New evidence not reasonably available at the time of the original hearing, the absence of which can be shown to have had a material and detrimental impact on the outcome.
3. Grossly inappropriate sanctions, having no reasonable relationship to the charges. Appeal on this ground can only be made when the sanction is a fine in excess of $50, residence hall probation, disciplinary probation, removal from College housing, suspension, or expulsion, or upon recommendation by the vice president for student affairs.

If a student feels he/she is not responsible for the charges, he/she must be able to cite procedural error(s) and/or bring new evidence to bear upon the case in order to receive an appeal hearing.