• Hartwick students laughing and having fun
  • Hartwick students having fun outdoors
  • Hartwick student sledding on campus
  • Hartwick students at gallery show opening

Student Code of Conduct and Campus Policies

Introduction
Address (Permanent Home Address)
Alcohol and Other Drugs: Policies and Associated Sanctions
Burglary
Endangering Behavior
Assault
Digital Millennium Copyright Act Infringement
Disorderly Conduct
Harassment
Bias-Related Harassment
Hazing
Health and Fire Safety
Sexual Harassment
Sexual Misconduct
Rape/Sodomy
Stalking
Fraud
Identification Cards
Motor Vehicles
Obstruction of Hartwick College Student Code of Conduct Process
Pet Policy
Smoking Policy
Solicitation Policy
Student Organization Policy Violation
Theft
Trespass
Vandalism
Violation of College Policy
Violation of Law
Weapon Possession (Firearms, Ammunition, Fireworks and Chemicals)

Introduction
An important component of your college experience will be your willingness to assume and exercise personal responsibility for your actions as a member of this academic community. Hartwick College expects students at all times to comport themselves in a mature, ethical and honorable manner and to demonstrate a sincere consideration for the other members of this community.

Student conduct which violates Hartwick College's regulations or community standards may result in the filing of disciplinary charges with the appropriate vice president or dean. The expectation of appropriate student conduct also applies to students in their roles as employees of the institution. Students engaging in unethical, inappropriate or illegal behaviors or actions in violation of established work standards set for the area or department in which they are employed may have their employment terminated and/or be referred to the College judicial process.

The Board of Trustees delegates disciplinary authority to the president of the College who exercises this authority through designated administrative personnel and established boards or committees. At the philosophical core of the College's disciplinary process is a strong commitment to the student's development and understanding of the importance of assuming personal responsibility and accountability for his/her actions as a member of a community of learners. Further, the student disciplinary process is predicated on the assumption that discipline is part of the educational process and the, where appropriate, the sanctions imposed should be educational and instructive and not punitive in nature or intent. The process is designed to hold students accountable for their decisions and actions, to establish procedural rights for the accused, and to protect the rights of individuals in the community.

In sum, the College believes the process serves to promote positive development of the individual and group integrity while upholding the rules and regulations of the College. The College reserves the right to make changes in the rules and regulations, as it deems advisable.

Any student and/or organization found to have committed the following prohibited conduct will be subject to disciplinary sanctions.

All College regulations are in effect at Pine Lake. The trestle over Charlotte Creek adjacent to the railroad right-of-way by Pine Lake's back field is not owned by Hartwick College, and is private property posted against trespassing. Additional policies directly related to Pine Lake are published in the Pine Lake Handbook.

The Table Rock area closes at dusk and no entry is permitted during the hours of darkness, due to steep cliffs, uneven and rocky walking paths. No open fires or alcohol are permitted at the table rocks. Any trash you produce or bring in must be removed when you leave. The area is limited to Hartwick College students, faculty, staff and their families.

Address (Permanent Home Address)
Each Hartwick College student is responsible for maintaining a correct mailing address with the College. Address changes can be requested through WebAdvisor or in the Office of Advising and Registration. Changes of address can only be requested by a student.

Alcohol and Other Drugs: Policies and Associated Sanctions
New York State law prohibits anyone under the age of 21 from possessing alcohol if they intend to consume it. The law makes no distinction between alcohol that is purchased or received as a gift, nor does it distinguish between consumption in public versus private areas. It is illegal for anyone under 21 to misrepresent his/her age and/or use false identification for the purpose of obtaining alcohol. This policy statement includes the text of the law, an explanation of its implications, and additional College regulations regarding the use and possession of alcohol on the Hartwick campus. The policies outlined below are the result of an intensive campus discussion conducted by a special committee representing students, faculty and administration. All campus constituencies, program-planning groups, student clubs and organizations, in addition to local community officials, College catering services, and Greek community leaders were consulted.

General Policy Statement
Hartwick College believes the choice to use alcohol by individuals of legal age is an educational issue. The possible use of alcohol by students raises important issues regarding personal responsibility and accountability, and the College has a commitment to present these issues to students. This approach is consistent with the educational philosophy of the College which holds that students should be encouraged and helped to develop responsible attitudes and behavior as they prepare to enter a world in which alcohol is used.

Individuals who choose to consume alcoholic beverages should do so responsibly. They should consider the health and behavioral consequences to themselves, and the impact upon others and the community at large. They should also make this choice with a full awareness of the College regulations and the laws of New York State.

If, in the professional judgment of the counseling center staff and supported by an alcohol dependency assessment, a student's use of alcohol or other drug(s) presents a serious threat to his/her health and well-being or presents the potential of danger for other members of the campus community, the College (a) may request that the student take a medical leave of absence to seek appropriate treatment (the student may later request in writing to return to the College by providing the vice president for student affairs with an official written evaluation from the professional counsel he/she secured); and/or (b) may require a student to have an off-campus assessment to determine his/her fitness to remain on campus and/or continue study.

With only a small proportion of students 21 years and older, and to minimize the possible illegal use and abuse of alcohol, the College has established regulations limiting the use of alcohol and reducing the probability of illegal procurement. Failure to comply with any of the laws or regulations outlined in this policy may result in disciplinary action.

For an outline of the sanctions imposed for substance abuse related infractions, refer to the Substance Abuse Related Infractions Policy below.

Students refusing medical treatment recommended by any College professional or residential staff member will be asked to sign a waiver of medical treatment form. Students who are judged to be intoxicated must be evaluated at the hospital emergency department and the need for treatment determined by the hospital staff.

Student Responsibility

  1. The use of alcohol on the Hartwick College campus by Hartwick College students, faculty and staff is subject to the New York State Alcoholic Beverage Control Law and certain provisions of the New York State Penal Law. All members of the College community are expected to be familiar with these laws as well as College regulations regarding the use of alcohol on campus.
  2. Hartwick College complies with the New York State law that prohibits anyone under the age of 21 from possessing alcohol with the intent to consume it. In New York State, it is illegal to consume alcohol if you are less than 21 years of age.
  3. The responsible use of alcohol on campus by those of legal age is a social privilege that, if abused, may be revoked by the College. Each member of the community is responsible for their sobriety and personal discipline in this area.
  4. Students are recognized as adults and are expected to obey all local, state and federal laws as well as College policies and regulations. Students will be held responsible for their own conduct. Because intoxication implies consumption, students under the age of 21 who are intoxicated on campus may be referred to the vice president for student affairs for disciplinary action.
  5. Students will be subject to College discipline if their use of alcohol generates disorder, creates a disturbance, damages property, or presents a danger to themselves and/or others.
  6. Drinking apparatus used for consuming alcohol, including but not limited to funnels and tubing, are prohibited on campus.
  7. Beer balls or kegs are not permitted anywhere on campus, other than on behalf of College-approved third party vendors. Any prohibited beer balls or kegs, including taps, will be confiscated. These may be destroyed or turned over to a local distributor, at the discretion of the College. Violators will be subject to disciplinary action.
  8. Because rapid consumption of large quantities of alcohol is far more dangerous than casual and responsible consumption, drinking games in which alcohol is consumed rapidly or in large quantities are not permitted.
  9. Campus organizations advertising social events may not promote or refer to alcohol as a part of the event.
  10. The advertising of alcohol is not permitted on campus.
  11. For those students over 21, possession of alcohol is limited to quantities for personal consumption. Large quantities of alcohol will be deemed a violation of the alcohol policy.

Serving of Alcoholic Beverages on Campus
Alcohol is not permitted at the following on-campus events:

  • programs sponsored by College-recognized student groups, clubs, and organizations
  • programs sponsored by the Hartwick Campus Activities Board (some special events may be approved)
  • athletic events (except for approved “closed” events)
  • residence hall events, floor events, other housing unit events
  • special interest house events
  • new student orientation programs
  • fraternity and sorority on-campus events

Alcoholic beverages may be served at College social functions defined as "closed events" – invitational events at which the majority of guests are over 21 years old. Examples include faculty socials, Board of Trustee events, College Citizens' Board events, senior honor society events, and senior class events. Determination of other closed events will be made by the vice president for student affairs or his/her designee and at his/her sole discretion.

Closed events, as defined above, must adhere to the following guidelines:

  1. The event must have an authorized person from the group who is to be in charge of the event. This person's name is noted on a Facilities Reservations Form filed with the Scheduling Office.
  2. The event must be by written invitation only.
  3. A list of individuals under the age of 21 must be provided to the server of alcoholic beverages prior to the event.
  4. Alcoholic beverages will be served in single units not to exceed 12 oz. of beer, 4 oz. of wine or 1 oz. of other alcoholic beverage.
  5. Non-alcoholic beverages must be available. The proportion of non-alcoholic beverage should approximate at least half the amount of alcoholic beverage available.
  6. The sponsoring individual (defined in #1 above) has the responsibility to see that all legal requirements are observed, that all College regulations are upheld, that all guests act responsibly in ensuring compliance, that the premises are left in good order, and that any special regulations for the area where the function is held are observed.
  7. Signs must be prominently displayed stating that:
  • alternative beverages are available;
  • it is illegal for persons under age 21 to procure an alcoholic beverage; and
  • it is illegal for persons under age 21 to consume an alcoholic beverage.

College liability insurance does not cover any events involving the sale or distribution of alcoholic beverages. Events where alcoholic beverages are provided require:

  • the acquisition of a permit to serve liquor at the event; and
  • provision and serving of alcoholic beverages by the College’s food services staff or an independent caterer.

An independent caterer must furnish its own liability insurance and provide the director of risk management with written proof of insurance coverage in advance of the event. Groups should contact the director of student involvement, Scheduling Office, the vice president for student affairs or director of risk management for more information.

Campus DWAI and DWI
In an effort to curtail the number of serious injuries and fatalities that occur each year on the nation's roads, many states have increased their penalties for driving while ability impaired (DWAI) and driving while intoxicated (DWI). Hartwick College is concerned with the health, safety and welfare of its students, and this concern underscores our campus DWAI and DWI policy. Further, it is hoped that this policy makes Hartwick students aware that driving under the influence is unacceptable.

Any person operating a motor vehicle on campus may be stopped by a campus safety officer for a traffic violation, identification check, or other reason. If the officer detects an odor of alcohol emanating from the student, sees an open container of alcohol in the vehicle, if the student is acting in a manner that indicates he/she may be under the influence of alcohol, or if the officer otherwise believes that the driver is operating the vehicle under the influence of alcohol, the officer has the right to call the Oneonta Police Department for assistance.

Alcohol at College Catered Events for Outside Constituencies
Periodically, the College caters special events such as weddings, conferences and anniversary celebrations. Individuals interested in the policies governing the serving of alcoholic beverages at such events should contact the Scheduling Office for details.

Alcohol in College-Operated Campus Housing
All components of the College Alcohol Policy apply in all College housing at all times. It is a violation of New York State law for students under 21 to possess or consume alcohol. The College holds students responsible for obeying the New York State Alcoholic Beverage Control Law. In addition, the following regulations apply:

Alcoholic beverages are not permitted at any College housing unit event (e.g.: a floor function, an all-hall event, an on-campus house event, a townhouse cluster event). In addition, open containers of alcohol are not permitted in any public area, such as a lounge, corridor, stairwell, or lawn outside of College housing. An open container is any bottle, can, jug, flask, cup or other item used to hold a beverage.

Alcoholic beverages are permitted in Leitzell Hall, Townhouses, on-campus houses and Pine Lake housing by persons 21 years of age or older. All other on-campus housing facilities are alcohol-free. Alcoholic beverages and alcohol containers are prohibited in Hilltop and Oyaron House, and in Smith, VanEss, Saxton, Wilder and Holmes Halls. No containers of alcohol may be present in any residence hall room of any person under the age of 21, regardless of whether or not the contents have been emptied. Students under the age of 21 are prohibited from being in a residence hall room where alcohol is being consumed. The possession of these containers, and/or being in the presence of alcohol while in an alcohol-free building, constitutes a violation of the College Alcohol Policy.

Student rooms or apartments are considered to be the private quarters of students. The College will not enter student rooms except under the circumstances outlined in Student Privacy Rights and Confidentiality. Students, however, must realize that the College recognizes its responsibility to provide a reasonably safe environment in which students may live, study, and sleep. The College will respond to excessive noise or other inappropriate behavior in student quarters, since such behavior violates the rights of others.

Alcohol at Greek Houses
Please refer to Policies Related to Student Organizations and Greek Life.

Drug Policy - Drug Violation Penalty Notice
Under the Higher Education Act, Hartwick College is required to provide written notice of Drug Violation penalties to all students upon enrollment. Penalties include ineligibility for financial aid, for the periods listed below.

Further, in violation cases, Hartwick College shall provide in a timely manner to each student who has lost eligibility for any grant, loan, or work-study assistance under this title as a result of the penalties listed under 484(r)(1) of the Higher Education Act, a separate, clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which the student can regain eligibility.
Section 484(r)

SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES:

A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

If convicted of an offense involving:

The possession of a controlled substance, ineligibility period is:
First offense ................................ 1 year
Second offense ............................ 2 years
Third offense ............................... indefinite

The sale of a controlled substance, ineligibility period is:
First offense................................. 2 years
Second offense............................. indefinite

REHABILITATION:

A student whose eligibility has been suspended may resume eligibility before the end of the ineligibility period if:

(A) the student satisfactorily completes a drug-rehabilitation program that includes two unannounced drug tests; or
(B) the conviction is reversed, set aside, or otherwise rendered nugatory.
Students also may face Student Code of Conduct violation charges through Hartwick College. Please see the Hartwick College Student Handbook at www.hartwick.edu/x2962.xml for more information on Hartwick College Student Code of Conduct policies.

The unlawful manufacture, distribution, dispensing, possession, or use of an illegal drug or alcohol is prohibited on College property or as part of any activity sponsored by the College or any off-campus event sponsored by a College-recognized organization.

Drug abuse in the work place is a danger and a detriment to all members of the Hartwick College community, including faculty, administration, staff and the students. It is therefore the intent of this policy to maintain a drug-free work place.

Hartwick College cannot and will not protect students or staff from prosecution under federal, state or local laws.

Students are cautioned that the College does not provide sanctuary from the law, nor are students immune from legal investigation or arrest by civil authorities resulting from the possession, use or sale of drugs. Persons suspected of selling or using illegal drugs, or voluntarily being in the presence of their use, may be subject to disciplinary action by the College and prosecution under applicable law.

Additional information concerning the dangers of drug abuse is available at the counseling center in Perrella Wellness Center.

Drug counseling for students is available at the counseling center free of charge by appointment. In the event additional referral counseling is necessary, counseling staff will provide the referral and the student will be responsible for all costs.

Drug paraphernalia is not allowed anywhere on the College campus.

Substance Abuse Related Infraction Policy
As an institution of higher education, we are committed to providing our students with the tools necessary to achieve the greatest level of personal and academic success. Nationally, as well as at our institution, it has been demonstrated that the misuse/abuse of alcohol and other drugs impairs the attainment of these goals. Through a diverse array of educational supports and institutional resources it is Hartwick’s goal to support healthy choices of its students related to alcohol/drug use. Hartwick has developed an institutional policy related to the use of mind-altering substances.

Students receiving sanctions based on violations of the College’s Substance Abuse Related Infraction Policy may be subject to additional sanctions if violations of other College policies, procedures, rules or regulations occurred simultaneously. In addition, students may receive a higher level of substance abuse policy sanction if deemed appropriate by the adjudicating body.

• Conditions of Substance Abuse Violations:
In its simplest terms, violation of the substance abuse policy has occurred if a student is under the influence or in possession of illegal drugs or drug paraphernalia. Alcohol use by anyone under the age of 21 is, by definition, use of an illegal drug.

These conditions to the level system can be invoked at any time by the vice president for student affairs or his/her designee:

  1. A student whose level of impairment is such that it is potentially life threatening, requires medical attention, involves bodily injury or results in property damage will typically be sanctioned at a minimum of Level II.
  2. Failure to comply with policy and/or sanctions will result in the imposition of additional sanctions.
  3. In all instances deemed appropriate by the College, law enforcement officials may be contacted.
  4. Repeat violations of substance abuse policy may result in incremental increases in the level of sanction.
  5. Possession of a keg - sanctions to include at a minimum: a) confiscation; b) $100 fine; c) attendance in alcohol and other drug education course; d) parental notification; e) residence hall or disciplinary probation.
  6. Students who break AOD laws off campus may also face institutional judicial charges. More specifically, if a student is arrested for DWI, controlled substances, marijuana (and paraphernalia), and/or violence related to AOD issues, institutional charges will be brought. In cases of open container and underage possession, the vice president's office reserves the right to bring charges or to send a warning letter. Repeated minor offenses will result in institutional charges.
  7. Students found in possession or use of drinking apparatus (e.g. funnel, keg tap) will face institutional charges.
  8. Students found in possession or use of drug paraphernalia will face institutional charges. Drug paraphernalia includes, but is not limited to, pipes, bongs, hookahs, non-prescription needles, scales, packaging materials or any other items associated with illegal drug activity.
  9. Once sanctioned on the level system, the level will drop one per calendar year. For example, if a student were sanctioned at a Level II after their first semester, they would drop to a Level I after one calendar year.
  10. The possession of distilled spirits (liquor) deemed for shared consumption will be considered a violation of the AOD policy. Students violating this policy can be brought up on institutional charges regardless of age.
  11. Possession and/or use of marijuana will minimally result in being placed at Level II. Being in the presence of marijuana may also result in being placed at Level II.
  12. Students found responsible for possession and/or use of a controlled substance will be placed on Level III. Being in the presence of a controlled substance may also result in being placed at Level III.
  13. Students found responsible for selling and/or distributing any type of drug or controlled substance will be placed on Level III at a minimum.

• Level I

  1. Alcohol and other drug information provided
  2. Letter of censure, for student signature, outlining consequences of further violations
  3. Parental notification
  4. Possible participation in a college service project
  5. Fine of $50 to support student focused programming
  6. In the event of no further disciplinary action, the record will be purged from the student's file one calendar year from the date of the infraction.

• Level II

  1. Automatic referral to campus counselor for assessment. Student is required to comply with all recommendations. Students who miss scheduled assessment appointments will be charged the full cost for the counselor.
  2. Residence hall or disciplinary probation
  3. Parental notification
  4. Fine of $75 to support student focused programming
  5. In the event of no further disciplinary action, the record will be purged from the student's file two calendar years from the date of the infraction.

• Level III

  1. Automatic referral to off-campus counselor for assessment. Student is required to comply with all recommendations.
  2. Disciplinary probation and/or removal from College housing
  3. Parental involvement
  4. Fine of $100 to support student focused programming
  5. In the event of no further disciplinary action, the record will be purged from the student's file three calendar years from the date of the infraction.

• Level IV

  1. Required off-campus assessment and treatment
  2. Removal from College housing or suspension
  3. Fine of $200 to support student focused programming
  4. College service
  5. Parental involvement

Please note: All substance abuse related sanctions are based on first-time offenses. Numerous violations warrant increased sanctioning.

Alcohol and Other Drugs - Legal Considerations
Hartwick College believes that the more you know about the laws against illicit drugs and alcohol, the more likely it is that you will be responsible and avoid committing criminal offenses. Therefore, the following is a brief overview of local, state and federal laws governing the possession, use, and distribution of illicit alcohol and other drugs.

This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to put you on notice as to the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct. The following information is intended to supplement the discussion of applicable laws governing the sale, possession and use of alcohol and other drugs in New York State.

A violation of any one or more of these provisions shall be considered a violation of the College Alcohol and Other Drugs Policy.

• New York State Alcoholic Beverage Laws and Penalties

  1. Open Container: Local municipalities usually prohibit the consumption of, or possession of an open container with the intent to consume, an alcoholic beverage in any public place or on private property without the owner's permission. Violations are punishable, for example, by a fine of up to $150 and/or up to 15 days in jail.
  2. Minor in Possession: Any person under age 21 who is found to be in possession of alcohol with the intent to consume it may be punished by a fine of up to $50 and/or required to complete an alcohol awareness program and/or to provide up to 30 hours of community service. ABC Law, 65-c.
  3. Providing False Identification: A person under 21 who presents false written evidence of age for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be punished by a fine of up to $100, community service of up to 30 hours, and/or completion of an alcohol awareness program. ABC Law, 65-b(1). If a New York driver's license was used as the false identification, the court may suspend the violator's license for 90 days. ABC Law, 65-b(3). In addition, since the ABC Law now requires sellers of alcoholic beverages to demand a drivers license, passport, or armed forces ID card as evidence of age, the consequences of altering one of the required forms of official ID to do so is more serious. Possession of a forged instrument with the intent to defraud is a Class D felony, punishable by a fine up to $5,000, imprisonment up to 7 years, or both. Penal Law, 70.25. Nonresidents of New York may apply for a state "Non-Driver Identification Card" in lieu of a driver's license. Applications are available at the Oneonta office of the Motor Vehicle Bureau, located at 16 South Main Street.
  4. Furnishing Alcohol to a Person Under Age 21: No person may sell, deliver or give an alcoholic beverage to a person actually or apparently under the age of 21. (The law does not apply to the parent of a minor). Penal Law, 260.20(2) and ABC Law, 65(1). Individuals violating this law are guilty of a Class A misdemeanor, and may be subject to a fine not exceeding $1000, a term of imprisonment not to exceed 1 year, or both. ABC Law, 30(3) and (5) and Penal Law, 70.15(1)(a), 80.05(1).
  5. Liability for Injury Caused by Furnishing Alcohol to Persons Under 21: Any person who shall be injured in person, property, means of support, or otherwise by reason of the intoxication or impairment of ability of any person under the age of 21 years shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years. General Obligations Law, 11-100(1).
  6. Selling Alcohol to an Intoxicated Person: No person shall sell, deliver or give an alcoholic beverage to a visibly intoxicated person. ABC Law, 65(2).
  7. Liability For Injury Caused By Sale of Alcohol to any Intoxicated Person: Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages. General Obligations Law, 11-101(1).
  8. Driving While Intoxicated: Operating a motor vehicle while intoxicated, as determined by a blood-alcohol test result of .10% or higher, is a misdemeanor punishable by a fine of $500 to $1000 and/or imprisonment for up to 1 year, as well as suspension or revocation of the driver's license. Repeated offenses can result in more serious penalties: For example, a second DWI conviction in ten years is a felony punishable by up to 4 years in a state penitentiary, a fine of $1000 to $5000, and license revocation for at least 1 year. V&T Law, 1192(2), (3); 1193 (1)(b), (c); and Penal Law, 70.00(2)(e).
  9. Driving While Ability Impaired: Operating a motor vehicle while not legally intoxicated, but with a blood-alcohol content of at least .05% but less than .07% (relevant evidence of impairment) or with at least .07% but less than .10% (prima facie evidence of impairment), is a misdemeanor punishable by up to 15 days in jail, a $300 to $500 fine, and a 90 day driver's license suspension. The penalties increase for the 2nd and 3rd offenses, up to 180 days in jail, a $1500 fine, and a 1-year license suspension. V&T Law, 1192(1), 1193(1)(a).
  10. Operating a Motor Vehicle After Consuming Alcohol While Under Age 21: Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge to be imposed by a hearing officer, although the violation is not to be considered as "a judgment of conviction for a crime or any other offense." V&T Law, 1192-a, 17.

• Drug Offenses and Penalties

  1. Growing Marijuana: Growing marijuana or knowingly allowing it to be grown without destroying it is a Class A misdemeanor, punishable by up to 1 year in jail. Public Health Law, 33.82, 33.83, 33.96.
  2. Selling or Possessing Hypodermic Needles: Selling or possessing a hypodermic needle without a doctor's written prescription is a Class A misdemeanor. Public Health Law, 33.81, 33.83, 33.96.
  3. Imitation Controlled Substances: Manufacturing, selling, or possessing with intent to sell, an imitation controlled substance is a Class A misdemeanor; the second offense in 5 years is a Class E felony punishable by 1-4 years in a state prison. Public Health Law, 33.83, 33.96.
  4. Driving While Ability Impaired By Drugs: Driving a motor vehicle with ability impaired by drugs is subject to the same penalties as driving while intoxicated. Vehicle and Traffic Law, 11.95(2), 11.93; Penal Law, 70.00(2)(e). Public Health Law, 33.83, 33.96.
  5. Unlawful Possession and Distribution of Controlled Substances: Most crimes involving the unlawful possession and distribution of drugs are defined under the New York State Penal Law. The penal law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life. Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances. A person with no previous drug or marijuana convictions in 3 years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even 1 gram of a controlled narcotic substance can result in imprisonment for up to one year. The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute. For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison. A person who is convicted of the sale of more than 2 ounces of a controlled narcotic substance in New York State can be sentenced to a term of imprisonment for life. Of course, the New York State Penal Law provides for a variety of sanctions depending on the offense. Persons convicted of a drug offense in New York may be sentenced to penalties including, but not limited to: a conditional discharge which may include any amount or type of community service that the sentencing court deems appropriate; probation; shock probation, which is a combination of jail time and probation (60 days plus up to 3 years probation for a misdemeanor; 6 months plus up to 5 years probation for a felony); intermittent imprisonment which may include weekends and/or work Saturdays; or straight jail time.
  6. Federal Law: Federal drug laws parallel New York State drug laws in many respects. For example, it is a federal offense to manufacture, distribute, or possess with intent to distribute, a controlled substance or a counterfeit controlled substance. As under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities. Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21. An important sanction under the federal law is that persons convicted of any federal or state offense involving possession of a controlled substance are ineligible to receive any or all federal benefits for up to 5 years. There are both federal laws and New York State laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges. For example, federal law provides that a drug offense committed on or within 1,000 feet of school or college property is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property.

Burglary
Unauthorized entry to any Hartwick College room, building or premises and damages or takes property of another person or Hartwick College while in the room, building or premises.

Endangering Behavior
Conduct that threatens or endangers the health and/or safety of a person(s).

Assault
With intent or recklessness to cause physical injury to another person, he/she causes such injury to such a person or to a third person.

Digital Millennium Copyright Act Infringement
While Hartwick College does not actively search for incidents of copyright infringement, we do respond to complaints of illegal activity or inappropriate use taking place on the Hartwick network. Copyright owners and their representatives actively search for copyright infringements of their works and send Digital Millennium Copyright Act (DMCA) take-down notices to Hartwick College.

Many online service providers disable the network access of the implicated person immediately upon receipt of the copyright owner's notice. Hartwick College, as a private educational institution, allows a short time (72 hours) before any enforcement action is begun, in order to give individuals a chance to educate themselves concerning copyright law and to either a) take down the materials, b) produce documented permission from the copyright holder to share the files, or c) contest the notice as a mistake.

All individuals implicated by a copyright infringement notice are required to complete a File Sharing Response Document (FSRD) properly initialed, signed, dated, and returned to Student Affairs. This document provides information about the basics of copyright law and instructions on how to resolve the incident. Completion of this document does not imply guilt, and it provides an opportunity for contesting the notice if the individual believes a mistake has been made.

Hartwick College's procedure in response to student copyright violation notices, and its consequences to the student violator, are outlined below.

First copyright violation incident:

  • Student Affairs will send a "First Offense" notice to the alleged violator, including a copy of the infringement notice and Letter of Censure, and allow the student 72 hrs to complete and return the File Sharing Response Document (FSRD).
  • Violators will be charged a $50 Information Technology recovery fee.
  • If the FSRD is returned within 72 hours from the time the "First Offense" notice is sent, the case becomes closed. If the FSRD is not returned within 72 hours from the time the "First Offense" notice is sent, the violator's computer that was used in the copyright infringement action will be blocked from using peer-to-peer networking software over the network.
  • If the FSRD is not returned within 2 weeks from the time the "First Offense" notice is sent, student violators will be referred to Student Affairs for disciplinary charges.

Second copyright violation notice:

  • Student Affirs will send a "Second Offense" notice to the alleged violator, with a copy of the infringement notice and Letter of Censure, and allow him or her 72 hrs to complete and return the FSRD.
  • Violators will be charged a $50 IT discovery fee.
  • All computers owned by the violator will be blocked from using Hartwick's Internet services for 2 weeks.
  • If the FSRD is not returned within 2 weeks, Internet blockage will remain in effect, and the matter will be referred to Student Affairs for discipline.

Third copyright violation notice:

  • Student Affairs will send a "Third Offense" notice to the alleged violator, with a copy of the infringement notice.
  • Violators will be charged a $50 IT discovery fee.
  • All computers owned by the violator will be blocked from using Hartwick's Internet services for the remainder of the semester.
  • The matter will be referred to Student Affairs for discipline.

Additional Information provided to student when the notice is sent:

  • What happens if I receive a copyright infringement notice, and how can I avoid it?
  • What is the Digital Millennium Copyright Act?
  • What is the No Electronic Theft Act?
  • How do I use digital music and movies legally?

Disorderly Conduct
With intent to cause public inconvenience, annoy or alarm or recklessly creating a risk thereof:

  1. He/she engages in fighting or in violent, tumultuous or threatening behavior; or
  2. He/she makes unreasonable noise; or
  3. In a public place, he/she uses abusive or obscene language, or makes an obscene gesture; or
  4. Without lawful authority, he/she disturbs any authorized assembly or meeting of persons; or
  5. He/she obstructs vehicular or pedestrian traffic; or
  6. He/she congregates with other persons in a public place and refuses to comply with a legitimate request from a Hartwick College official or law enforcement to disperse; or
  7. He/she creates a hazardous or physically offensive condition by any act which serves no legitimate purpose; or
  8. He/she fails to comply with the directions of Hartwick College officials or law enforcement officers acting in performance of their duties; obstruction of these duties or failure to identify oneself to these persons when requested to do so.

Harassment
With intent to harass, annoy, alarm another person, he/she strikes, shoves, kicks or otherwise subjects such other person(s) to physical contact or attempts to threaten to do the same; or, he/she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Bias-Related Harassment
A person commits a Bias-Related Harassment when he/she commits a specified offense and either:

  1. Intentionally selects a person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation or a person, regardless of whether the belief or perception is correct; or
  2. Intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Hazing
Hazing is any intentional or reckless act; occurring on or off the Hartwick College campus; by one person alone or acting with others; directed against an Hartwick College student; that endangers the mental or physical health or safety of that Hartwick College student; and is reasonably believed by that Hartwick College student as being for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at Hartwick College or other colleges. For the purposes of this section, the term “organization” includes, but is not limited to, any Greek organization, athletic team or other Hartwick College-recognized student organization.

Specifically, the term “hazing” as defined here includes, but is not limited to:

  1. Physical brutality, such as whipping, beating, striking, branding, electronic shocking, or placement of a harmful substance on the body;
  2. Other physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, physical bondage, calisthenics, “road trips” or taking a student to an outlying area and dropping him/her off, compulsory servitude or other activity that subjects the student to an unreasonable risk of harm or that may adversely affect the mental or physical health or safety of the student;
  3. Consumption of food, water, other liquid, alcoholic beverage, drug, or other substance which subjects the student to an unreasonable risk of harm or which otherwise may adversely affect the mental or physical health or safety of the student;
  4. Activity that creates an unreasonable risk of causing severe psychological shock or public humiliation to the student;
  5. Activity that induces, causes or requires the student to perform a duty or task which involves a violation of local, state or federal laws, or the Hartwick College Code of Conduct; and
  6. Any misuse of authority by virtue of one's class rank, organizational position, longevity in the organization and/or leadership role.

Failure to report hazing activities to an appropriate College official (such as Hartwick College Campus Safety, Office of Greek Life, vice president for student affairs or the Athletic Department) is an additional, independent grounds for violation under this section. Students who report hazing activities to an appropriate College official on a timely basis will not be subject to penalty for this failure to report through the Hartwick College Student Conduct Process. Such immunity shall only pertain to the charge of failure to report, and not an independent allegation of hazing.

Any organization that violates this hazing policy may also be subject to discipline under the Hartwick College Code of Conduct separate from those involving individual students.

Health and Fire Safety
Setting a fire, causing or activating a false fire alarm, or causing an unreasonable situation that creates a health or fire safety hazard.

Sexual Harassment
Sexual harassment is defined as the use of authority to emphasize the sexuality or sexual identity of an individual in a manner which prevents or impairs that individual's full enjoyment of the educational benefits, climate, or opportunities of, or interferes with the performance of his/her role in, the Hartwick College community.

Sexual harassment includes, but is not limited to, the following:

  1. Coercion of sexual activity by threat of punishment, either implicit or explicit;
  2. Solicitation of sexual activity or other sexual oriented behavior by promise of reward;
  3. Offensive and unwelcome invitations to sexual activity not accompanied by threat of punishment or promise of reward; or
  4. Verbal abuse of a sexual nature including graphic commentaries about an individual's body and/or sexually degrading words used to describe an individual, unwelcome and offensive sexual flirtations, advances, propositions; and the display in the classroom, office, or work place of sexually suggestive objects or pictures for other than an educational purpose.

Sexual Misconduct
Subjecting another person to unwanted sexual contact; "unwanted" means againt a person's wishes or without consent, including those instances in which a person is incapable of giving consent due to unconsciousness, sleep, impairment or intoxication due to alcohol or other drugs taken voluntarily or without consent.

Rape/Sodomy
Engaging in sexual intercourse or deviate sexual intercourse (sodomy) by force or by engaging in such action with a person who is incapable of giving consent due to unconsciousness, sleep, impairment or intoxication due to alcohol or other drugs taken voluntarily or without consent.

Stalking
Stalking occurs when a person engages in a course of conduct directed at a specific individual that is likely to cause such individual to have a reasonable fear of harm to his or her physical or emotional health, safety or property. Such conduct may include, but is not limited to: repeatedly engaging in unwanted contact or communication (including, but not limited to, face-to-face communication, telephone calls or messages, electronic mail, written letters, gifts, or threatening or obscene gestures); surveillance; following.

Fraud
Knowingly furnish false information to the College; make complete or alter a written instrument (forgery); possess a fake or altered identification, or that of another, with intent to defraud.

Identification Cards
The student ID card is furnished by the College as a means of personal identification as a Hartwick College student. It authorizes your entrance into the dining hall if you are a boarding student. It also provides entrance to your residence hall. The ID card provides admission to home sports events, allows you to check out books and materials from the Hartwick and SUCO libraries, and allows you to cash checks at the Business Office. It also allows access to your WICKIT cash account which can be used throughout the campus.

Students who have lost their ID card should immediately freeze their account online or by going to the Switchboard. All lost or mutilated ID cards are replaced through the dining service, and a replacement fee is charged.

A student's ID card can be frozen on a short term basis, generally 24-48 hours, for failure to comply with a college official's request. This process is only done after numerous contact attempts have been made (e.g. campus mailbox, Hartwick email). During the time that a student's ID card is frozen they will not be able to access the residence halls, the dining hall or their "Wickit" account. Offices that use this include, but are not limited to: Student Accounts, Financial Aid, Campus Safety, First Year Experience office, Student Conduct and the Office of Advising and Registration. As soon as the student complies with the college official's request, the ID card will be immediately reactivated.

Students are expected to carry their ID cards with them at all times. Your Hartwick College ID card is personal in nature and may be used by you alone. Unauthorized alteration of your ID card is strictly prohibited. Any student knowingly permitting another person to use his/her ID card and/or making unauthorized alterations to his/her ID card will be subject to disciplinary action.

Motor Vehicle Policies
Members of the Office of Campus Safety are in direct charge of all campus parking and traffic. Parking and traffic rules apply to all Hartwick students, employees and visitors.

All students authorized to own and operate vehicles on campus must register their vehicles with the Office of Campus Safety at the time of the general registration in September or the following business day after bringing the vehicle to the campus. The motor vehicle registration must be presented at the time of campus registration to receive a Hartwick campus decal. Students are permitted to register only vehicles belonging to themselves or their parents or legal guardians. Exceptions may be made by the director of campus safety. Upon registration, the student will be furnished with the current year's Hartwick registration decal that must be properly displayed at all times. Parking Rules and Regulations may be referenced at www.hartwick.edu/x3206.xml.

Visitor Parking Permits are available from the Office of Campus Safety. Guests will be instructed by their hosts to come to the Office of Campus Safety to receive a guest parking pass. Hosts are responsible for any parking violations of their guests. Townhouse residents and their guests will use the Miller parking lot. Unattended vehicles in the Ritchie Quad complex will be towed.

Hartwick College shall not be held liable for any theft or damage to cars parked or being driven on the campus.

There is a $20 penalty for any of the following violations: parking in restricted areas, parking on campus drives, obstruction of a cross walk or trash container, parking wrong way (facing traffic), failure to register vehicle or display campus decal. There is a $50 fine for parking in a fire lane, tow-away zone or a designated handicapped area. A $35 fine will be imposed for parking in a visitor space on Hartwick Drive. In addition to the aforementioned monetary fines, violators may be towed at the owner’s expense. A $50 fine will be imposed for any vehicle parked on campus in violation of the tow list.

A record of a six violations during the College fiscal year (July 1 through June 30) will result in the suspension of the right to have a vehicle on campus. Any single egregious act may subject the owner and/or violator to suspension or loss of parking privileges as well as other judicial sanctions.

All fines must be paid in the Business Office within five days of the violation, unless a notice of appeal is filed with the Office of Campus Safety within that time. Notice of Appeal Forms are available in the Office of Campus Safety. No action will be taken until the board's decision has been rendered. If the Traffic Board upholds a fine, it must be paid within five days of the decision. Failure to comply with the board's decision shall be referred to the Office of Student Affairs. Unpaid fines will result in a student's transcript, diploma, and/or course registration being withheld. Ignorance of the law or College regulations is not viewed as a valid reason to waive a fine or other penalty.

All members of the Hartwick community are advised that motor vehicle access to the Table Rock/Strawberry Field areas is restricted to official Hartwick College vehicles only, unless otherwise approved by the director of campus safety or appropriate College official. (An example of “appropriate College official” is an athletic coach allowing students to drive personal vehicles to practice fields or a professor allowing students to drive personal vehicles to the observatory.) Violators will be ticketed and towed away at the owner's expense.

Off-Road Riding: No off-road riding is permitted on campus or College property. All 4x4 vehicles, 3 and 4 wheelers, motorcycles, motorbikes and motor scooters are to remain on the paved or improved roads only. Helmets are required for all motorcycles and scooters. No vehicle shall be operated or parked on a sidewalk.

Obstruction Of Hartwick College Student Code of Conduct Process
Abuse of the Hartwick College Student Code of Conduct Process including, but not limited to:

  1. Failure to obey a request to appear by a student conduct body or College official;
  2. Falsification, distortion or misrepresentation of information or charges before a student conduct body or College official;
  3. Disruption or interferences with the orderly conduct of a student conduct proceeding, including attempting to discourage an individual's proper participation in or use of the student conduct system;
  4. Attempting to influence the impartiality of a member of a student conduct body prior to and/or during the course of the student conduct proceeding; and
  5. Failure to comply with the sanction imposed by a student conduct body or College officials.

Pet Policy
Personal pets are not allowed in any campus building at any time, with the exception of Guiding Eyes for the Blind dogs. Pets on campus must be on a leash at all times and their waste must be disposed of immediately and in appropriate refuse receptacles.

Because of health hazards, no animals (including lab specimens) are permitted in residence halls, with the exception of aquariums containing fish. Tropical fish are the only permissible pets. Individuals in violation of this policy will have their animals confiscated and will be subject to disciplinary action.

Smoking Policy
Hartwick College seeks to maintain a healthy, comfortable, and productive educational and work environment. It is the college’s policy to provide a smoke-free environment for all students, faculty, staff, and campus visitors. Our policy is based on the Clean Indoor Air Act, which took effect on January 1, 1990 and requires every employer in New York State to provide smoke-free work areas for non-smoking employees. The law was recently amended; these additional restrictions became effective July 24, 2003.

“Smoking” is defined as the burning of a cigar, cigarette, pipe or any other smoking material.

Smoking is prohibited:

  • Within 25 feet of any College building entrance or exit;
  • Under any covered walkway or building overhang;
  • Within the immediate vicinity of all windows and air intakes;
  • In College-owned vehicles;
  • In all buildings, and in all spaces including classrooms, lecture halls, common areas, residence halls and rooms, offices meeting rooms, lounges, restrooms, locker rooms, dining areas, and other education and work areas;
  • In College guest houses and similar College properties;
  • In public places including indoor and outdoor athletic venues, residence hall common areas, performing arts spaces, galleries, hallways, stairwells, and lobbies.

Smoking is permitted:

  • 25 or more feet from a building entrance or exit and away providing that it is away from windows and air intakes.
  • In non-College owned personal vehicles.

Enforcement is the shared responsibility of the entire College community. Any student, faculty member, staff member, or visitor may request individuals to comply with this policy. Students, faculty, and staff are expected to comply with this policy. Supervisors are responsible for ensuring compliance with this policy within their areas. Failure to comply with the policy will result in referral to Student Affairs, Academic Affairs or Human Resources.

Questions or additional information concerning the College’s Smoking Policy should be referred to Student Affairs or Human Resources.

Solicitation Policy
Solicitations, sales and promoting for personal gain or profit are prohibited on the Hartwick campus, other than in instances where the solicitation, sale or promotion is made by an organization with which the College has entered into a written contract governing such activities. Fund-raising activities for charitable purposes or for recognized College groups must secure approval from the director of student involvement. The advertising, marketing or merchandising of credit cards to students is prohibited on the Hartwick campus. Student violators of the soliciting policy are subject to disciplinary action; persons from outside the Hartwick community are subject to civil and/or criminal action by local authorities.

Student Organization Policy Violation
For student organizations and their members, violation of the provisions of the regulations or agreement governing the organization's relationship with Hartwick College is prohibited.

Theft
Attempted or actual theft of or unauthorized possession of property belonging to another person, organization or Hartwick College.

Trespass
Unauthorized entry to any Hartwick College room, building or premises.

Vandalism
Intentionally or recklessly damages property of another person, organization or Hartwick College.

Violation Of College Policy
Violation of published Hartwick College policies, rules, and regulations including, but not limited to:

Violation Of Law
Violation of any federal, state or local law (misdemeanor or felony) or alcohol or drug related violation, may result in Hartwick College Student Code of Conduct charges.

Weapon Possession (Firearms, Ammunition, Fireworks, Chemicals)
It is a violation of the New York Penal Code and College regulations to possess, transport, or use dangerous weapons, instruments, or substances on the College campus, except by law enforcement officers or as specifically authorized in writing by the president of the College. This prohibition includes, but is not limited to:

  1. Firearms and ammunition, including rifles, BB guns, pellet guns, electronic dart gun, electronic stun gun, shotguns, imitation pistol and paint guns.
  2. Any knife that could be deemed dangerous, regardless of size, including butterfly, switchblade, gravity, hunting, lock back blade, metal knuckle knife, cane sword and ballistic knives, dirk, razor and stiletto.
  3. Billy clubs, swords, bows, arrows, axe, hatchet, throwing stars, slingshots, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, etc.
  4. Fireworks, firecrackers, explosives, or any and all chemicals that possess or can be made to possess volatile explosive or dangerous properties, except for use in College laboratories under faculty or staff supervision.
  5. Any other dangerous or deadly chemical, instrument or weapon.
  6. Possession of any instrument or object intentionally used against another to cause injury.