Student Conduct System (Procedure)

Purpose 

The Student Conduct System (Procedure) ensures fair and consistent processes and provides procedures for addressing Complaints that allege violation(s) of the Student Conduct Policy. It serves to protect the legal rights of students and applies to all students of SUNY Empire. 

 
Complaints of Sexual Misconduct will be reported to SUNY Empire’s Title IX Coordinator, who shall determine if the Title IX Grievance Procedures apply. For sexual misconduct complaints that do not fall under the Title IX Grievance Procedures, this document provides separate procedures. Section II: Student Conduct Procedures of this document apply to alleged violations of the Student Conduct Policy. In addition to Section II, Section III of this document applies for cases of sexual misconduct including domestic violence, dating violence, stalking, sexual exploitation, and sexual assault, adjudicated through the Student Conduct System. 

 
The SUNY Empire Student Conduct System is completely independent of either civil or criminal proceedings but may act simultaneously with civil and/or criminal proceedings. While the student conduct proceedings are private, documents, recordings, and other records may be produced by Empire State University through subpoena or other legal requirements mandating disclosure. 

Definitions 

In addition to the definitions outlined in the Student Conduct Policy, the following Definitions apply to the Student Conduct system: 

Appeal Review Panel.  A panel of at least two members, one of whom may be a student, that is fair and impartial and does not include individuals with a conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decision maker in the same matter. 

Confidential/Confidentiality.  References made to confidential, or confidentiality mean that the identified confidential resource is not required to report crimes and violations to law enforcement or university officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. Most employees are required to report sexual misconduct or harassment and will provide privacy but not confidentiality. 

Finding.  The determination made through the conduct process: There are only findings of ‘responsible’ and ‘not responsible’.

Graduate/Graduation. Refers to the fulfillment of all academic requirements for the program in which a student is enrolled. The official graduation date is based upon the date that all requirements are fulfilled. Participation in a Commencement Ceremony does not necessarily mean a student has graduated. Participation in a Commencement Ceremony is not a graduation requirement. 

Referring Party.  Any faculty member, staff member, or student who files a Complaint or Student Conduct 
Referral for an alleged violation of the code of conduct. If a complaint is submitted by a person who is not a faculty 
member, staff member, or student, then a University Official will serve as the Referring Party. 

Sexual Misconduct.  Refers to cases that fall into Items 5. Intimate Partner Violence; 6. Stalking; 8. Sexual Harassment; and/or 9. Sexual Assault and Sexual Exploitation listed in Section F. Prohibited Conduct under Policy Statement in the Student Conduct Policy 

Title IX Coordinator.  Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Sec., 1681, et seq., states that all students have equal educational opportunity free from sex discrimination, including sexual harassment and sexual assault. The Title IX coordinator is responsible for the university's compliance with this regulation including, but not limited to, systematically monitoring and evaluating policy and procedures that effectively and efficiently respond to complaints of sex discrimination. 

Title IX Grievance Policy.  Defines the way SUNY Empire handles complaints that fall under the federal definition of Title IX. If an alleged act of sexual misconduct occurs, the Title IX Grievance Policy takes precedence in addressing the complaint. If a complaint about a student does not fall in the scope of the Title IX Grievance policy, the Title IX Coordinator will refer it to the Student Conduct Administrator. 

Private/Privacy.  References made to privacy mean SUNY Empire offices and employees cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee. 

Prohibited Behavior/Conduct. Any of the actions or behaviors listed in Part F: Prohibited Conduct, under the Policy Statements heading in the Student Conduct Policy. 

Student Conduct Referral/Referral. – The SUNY Empire Student Conduct System Standard Case Form that includes a description of alleged misconduct and specific Student Conduct Policy items alleged to be violated 

Student Conduct Administrator. The University official responsible for the administration of the Student Conduct process at Empire State University. 

Student Conduct Agreement.  A document that records the respondent’s acceptance of the findings and sanctions, as well as a waiver of the right to a hearing and any appeal. 

Statements 

Contents 

Student Conduct Procedures 

• Introduction
• Complaints
• Initial Review and Referral
• Referrals
• Administrative Resolutions
• Administrative Agreement
• Administrative Determination
• Hearing
• Student Conduct Hearing Before a Student Conduct Body
• Deliberations and Determination of Findings
• Hearing Record
• Sanctions 

Procedures for Sexual Misconduct Cases 

• Introduction
• Students’ Bill of Rights
• Reporting and Review
• Title IX Referral to the Student Conduct System
• Rights of the Parties Throughout Sexual Misconduct Proceedings
• Sanctions for Sexual Misconduct 

Interim Restrictions and Directives 

• Interim suspension
• No Contact order 

Required Transcript Annotation 

Appeals 

• Appeal Procedure for Non-Sexual Misconduct
• Appeal Submission
• Appeal Review
• Appeal Procedures for Cases of Sexual Misconduct
• Appeal Submission
• Appeal Review 

Disciplinary Files and Records 

Interpretation and Revision 

STUDENT CONDUCT PROCEDURES 

1. INTRODUCTION
   The Student Conduct System provides procedures for the resolution of student conduct matters, attends to due process rights, provides orderly review and consideration of the facts, and considers the impact of any violations on SUNY Empire and the victim(s). The following apply to the resolution of student conduct matters: 
   1. The Student Conduct Administrator develops procedures for the administration of the Student Conduct System and procedural rules for the conduct of hearings, consistent with the provisions of the Student Conduct Policy and the procedures herein. 
   2. SUNY Empire will communicate via e-mail to the respondent and complainant/reporting individual’s university provided e-mail address along with proof of delivery on all matters pertaining to the Student Conduct System. In some cases, the SUNY Empire may also send a copy to the student’s mailing address with proof of receipt.  
   3. The Student Conduct System utilizes a “preponderance of evidence” standard of proof when establishing the presence of a code violation and the responsibility of a party. A preponderance of evidence standard evaluates whether it is more likely than not that a violation occurred (greater than 50% likelihood). 
   4. All deadlines and time requirements in the Student Conduct System may be extended for good cause, as determined at the sole discretion of the Student Conduct Administrator or designee(s). Both the Respondent and the Complainant/Reporting Individual will be notified in writing of the extension, and the reason for extension, and will be provided the date of the new deadline or event. Extensions requested by one party will generally not exceed five (5) business days. 
   5. Multiple incidents may be resolved with one referral at the discretion of the Student Conduct Administrator or designee(s). 
   6. The student conduct process may be initiated regardless of a student’s current enrollment status so long as the proposed violation occurred while the individual was a student. This includes conduct that occurs before classes begin, after classes end, during the academic year, and/or during periods between terms of actual enrollment. If a student withdraws from SUNY Empire. SUNY Empire can pursue the student conduct process following the withdrawal. Should suspension or dismissal take place as a result of the disciplinary process, these sanctions supersede a withdrawal from SUNY Empire. 
   7. Instructions on eligibility for an appeal and how to file an appeal are to be provided in the decision letter. 
   8. Pursuant to SUNY Policy, a student who is suspended or expelled for disciplinary reasons prior to the end of an academic term shall be liable for all tuition and fees due for that term. Registration, tuition, and fees for any forthcoming term affected by the suspension or expulsion that has not yet started will be removed. 
   9. If a student who has completed degree requirements is charged with a violation prior to graduation, the student will be ineligible to graduate until student conduct action on the case is completed and eligibility to Graduate is confirmed. If the student conduct action results in suspension, the student will be ineligible to graduate until the term of the suspension has been served. If the student is expelled, it means the student will not be admitted to another program at the university and may be ineligible for graduation at the discretion of the Student Conduct Body. 
2. COMPLAINTS
   1. Any person may file a complaint when there are allegations that a student has violated the Student Conduct Policy.
   2. Reports can be made anonymously. However, the University may be limited in its ability to respond to or investigate a report with incomplete information.
   3. A complaint shall be prepared in writing and directed to the Student Conduct Administrator or designee(s). While there is no limit to the time within which to submit a complaint, any complaint should be submitted as soon as possible after the incident takes place, bearing in mind charges cannot be brought against an individual who is no longer a “student”, as defined by the “student” definition of the Student Code of Conduct, and that evidence may be difficult to gather as time moves forward.
   4. The complaint must set forth allegations of misconduct in writing with sufficient detail to support a referral which includes, without limitation, a description of the incident, any relevant evidence, witnesses, and the alleged Student Conduct Policy violation(s). The individual filing the complaint may elect to meet with the Student Conduct Administrator or designee(s) for a consultation prior to submitting a complaint.
   5. Once the complaint is received, the Student Conduct Administrator or designee(s), will review the complaint, may meet with other individuals involved, and will then make a determination regarding whether or not the complaint is within the scope of the Student Conduct Policy and has grounds and to move forward with a Student Conduct Referral.
3. INITIAL REVIEW
   1. A Referral to the Student Conduct System is made by the Student Conduct Administrator based upon the information in the complaint and a subsequent review, which may include gathering additional information. 
      1. The Student Conduct Administrator or designee(s) determines if there are grounds for the allegation and whether the allegation falls within the scope of the Student Conduct Policy or if it should follow other procedures. Grounds for a complaint exist if the complaint and other information generally describe the behaviors of the Respondent that appear to violate the Student Conduct Policy, regardless of whether complaint has been, or can be, proven. The following options are available:
         1. If there are grounds for the complaint and the alleged violations are within the scope of the Student Conduct Policy, the Student Conduct Administrator makes a Student Conduct Referral and provides the course of action.
         2. If the Student Conduct Administrator or designee(s) determines that the allegation is groundless, the Student Conduct Administrator so notifies the complainant in writing.
         3. If the alleged violation does not fall within the scope of this policy, the Student Conduct Administrator makes the appropriate referral and so notifies the complainant in writing.
4. REFERRALS
   1. All referrals to the Student Conduct System shall be handled by the Student Conduct Administrator in accordance with the following guidelines:
      1. The Student Conduct Administrator shall notify the Respondent via e-mail to the Respondent’s university provided email address with proof of delivery. This email shall include, but is not limited to:
         1. A brief description of the violation that is alleged to have occurred, and
         2. Text of the prohibited conduct from the Student Conduct Policy, the student is alleged to have violated, and
         3. Instructions for scheduling an appointment to discuss the Student Conduct Process and allegations with the Student Conduct Administrator or designee
            1. The Respondent shall have 5 business days to schedule this meeting to prevent an administrative determination being made in their absence, as outlined in E.2 of this document.
      2. During the referral meeting, the Student Conduct Administrator shall:
         1. Review the Student Conduct Referral which includes the alleged Student Conduct Policy violation(s) (charges) with the Respondent
         2. Discuss potential outcomes of the student conduct process as they relate to the respondent’s case
         3. Discuss the student conduct process, options for resolution, and answer questions
         4. Discuss the right of the respondent to have an advisor present during this meeting and all future meetings within the student conduct process. Any parties that wish to have an advisor present shall notify the Student Conduct Administrator or designee, in writing, the name and email of the advisor 48 hours prior to the schedule meeting or hearing in which the advisor will be attending. The advisor shall not represent or speak for the Respondent and shall not participate directly in the student conduct process. The advisor may be present and speak privately with the Respondent during any meeting, and
         5. Present the Student Conduct Referral indicating the referral and possible sanction outcomes have been reviewed
      3. Once the Student Conduct Administrator has shared the required information, the Respondent may:
         1. Share any additional information regarding the allegations including their perspective of the incident and any evidence they may have,
         2. Request to review a copy of the Student Conduct Referral, and
         3. Provide any witness information
      4. After the Student Conduct Administrator and Respondent have shared all required information, and the case does not have the potential for suspension nor expulsion, the Respondent may have 3 business days to share in writing with the Student Conduct Administrator their decision to:
         1. Request to resolve the matter through an Administrative Agreement, outlined in Section E.1 of this document, or
         2. Deny responsibility, deny sanction, or both and move to an Administrative Determination, outlined in Section E.2 of this document.
      5. After the Student Conduct Administrator and Respondent have shared all required information, and the case has the potential for suspension or expulsion, the Respondent may have 3 business days to share in writing with the Student Conduct Administrator their decision to:
         1. Request to resolve the matter through an Administrative Agreement, outlined in Section E.1 of this document, or
         2. Deny responsibility, deny sanction, or both and move to a Student Conduct Hearing, outlined in Section F of this document.
      6. Instances of Sexual Misconduct shall not be resolved by Administrative Agreement.
   2. In instances where the Respondent chooses not to participate in the process, the Student Conduct Administrator may proceed in the Respondent's absence.
5. ADMINSTRATIVE RESOLUTIONS
   1. ADMINSTRATIVE AGREEMENT
      1. An Administrative Agreement may beutilized to reach a mutual agreement on the Respondent’s responsibility and the Student Conduct Administrators' proposed outcome. Administrative Agreements shall be subject to the following guidelines: 
         1. If the substantive facts, finding of responsibility and sanctions can be agreed upon by the Student Conduct Administrator or designee(s), and the Respondent(s), a Student Conduct Agreement may be prepared and signed by the parties. A signed Student Conduct Agreement shall constitute an acceptance of the finding and sanctions, as well as a waiver of the right to a hearing and any appeal.
         2. If the substantive facts, outcomes, and/or redress cannot be agreed upon, the matter shall not be resolved through an Administrative Agreement. In these instances, the Student Conduct Administrator may:
            1. Resolve the issue through an Administrative Determination for cases that do not have the potential outcome of suspension or expulsion, or
            2. Refer the case to the Student Conduct Hearing in cases where the potential outcomes include suspension or expulsion.
         3. Sexual Misconduct Referrals will not be resolved by Administrative Agreement.
   2. ADMINSTRATIVE DETERMINATION
      1. An Administrative Determination may be made by the Student Conduct Administrator in the following scenarios:
         1. If the Respondent does not wish to accept responsibility for violation(s) and/or an appropriate sanction from the Student Conduct Administrator, but the preponderance of evidence standard has been met, a finding of responsibility and sanctions will be imposed.
         2. Administrative Determinations may also be imposed if the Respondent fails to meet or communicate with the Student Conduct Administrator, provided that there is a preponderance of evidence to make such a determination. If the Student Conduct Administrator or designee(s) learns that the Respondent’s failure to participate is for good cause, the Student Conduct Administrator or designee(s) may, in their sole discretion, rescind the decision and review the Respondent’s presentation.
      2. The Respondent maintains the right to file one appeal of the original decision as outlined in Section VI.A.
      3. Administrative Determinations may only be applied in referrals where sanctions will not result in Suspension or Expulsion; in cases wherethe Student Conduct Administrator seeks suspension or expulsion, a hearing before a Student Conduct Body will be scheduled.
      4. Sexual Misconduct referrals will not be resolved by Administrative Determination.
6. HEARING
   1. STUDENT CONDUCT HEARING BEFORE A STUDENT CONDUCT BODY
      When a referral cannot be resolved by an Administrative Agreement or Determination, a Student Conduct Hearing will be scheduled. A Student Conduct Hearing provides the Student Conduct Body the opportunity to hear both sides of the issue in considerable detail. When a sanction of suspension or expulsion is possible, the Student Conduct Referral must be adjudicated in a hearing unless the Respondent waives a hearing in writing.
      
      For cases of alleged Sexual Misconduct, Section III: Procedures for Sexual Misconduct Cases also applies and supersedes any contradictory information in this section. In cases of Sexual Misconduct adjudicated through the Student Conduct System a hearing cannot be waived.
      
      Hearings are conducted by a Student Conduct Body according to the following guidelines:
      1. Hearings are scheduled as soon as practicable, generally within twenty (20) business days from receipt of complaint, to give students as well as SUNY Empire time to prepare.
      2. The Student Conduct Body will provide formal written notice,via e-mail to the Respondent university provided e-mail address,of the time, date, place of the hearing no less than four (4) business days in advance of the hearing, which will include a list of the specific Prohibited Conduct outlined in the Student Conduct Policy that the Respondent has allegedly violated. 
      3. Students may request to review acopy of any written report(s) that will be used at the hearing, by contacting the Student Conduct Administrator.
      4. In cases in which the potential outcome of suspension or expulsion, and the respondent is not responding to email, a letter may also be sent to the respondent’s home address notifying them of the Student Conduct Hearing.
      5. In hearings involving more than one Respondent, at the sole discretion of the Student Conduct Administrator ordesignee(s), SUNY Empire may permit the hearings concerning each student to be conducted together or separately.
      6. The Complainant(s) and the Respondent(s) must represent
      7. Hearings are private and closed to all except the participants in the hearing. Admission of any other person to the hearing shall be at the discretion of the Student Conduct Body and the Student Conduct Hearing Officer.
      8. The Complainant(s) and the Respondent(s) each may have one advisor present, at their own expense. The advisor may be an attorney. The Complainant(s) and/or the Respondent(s) are responsible for presenting their own evidence, and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a student conduct body. Students may request a break to consult with their advisor of choice privately. Any parties that wish to have an advisor present shall notify the Student Conduct Administrator or designee, in writing, the name and email of the advisor 48 hours prior to the schedule meeting or hearing in which the advisor will be attending
      9. The Student Conduct Administrator and/or designee(s) appoint the Student Conduct Body for each hearing. A Student Conduct Body for each hearing is composed of one student and two faculty and/or staff, drawn from a pool of trained faculty, staff, and students. The Student Conduct Body is assisted by a Student Conduct Hearing Officer appointed by the Student Conduct Administrator or designee(s).
      10. The Student Conduct Body, with the advice of the Student Conduct Hearing Officer, organizes the hearing, hears both sides of the issue in considerable detail to determine responsibility, and assigns appropriate sanctions.
      11. The Student Conduct System relies on full and open discussion of referrals with all parties concerned in order to render a fair judgement. The Student Conduct System is administrative in nature and, as such, is not considered a court of law.
      12. The Complainant and the Respondent may: provide opening statements; present witnesses who have direct knowledge of the incident; submit questions to witnesses and each other; and make a closing statement.
      13. The Student Conduct Body may ask questions of the Complainant, Respondent and Witnesses.
      14. If any party repeatedly disrupts a hearing (e.g., by shouting, repeatedly interrupting others, verbally or physically threatening individuals involved in the hearing, or other behavior deemed disruptive by the Student Conduct Hearing Officer), and fails to heed a warning, the Student Conduct Hearing Officer has the right to remove the disruptive individual from the hearing. The hearing shall continue in the absence of any removed, disruptive party.
      15. Pertinent records, exhibits, and/or written statements may be accepted as evidence for consideration by a Student Conduct Body. All evidence and witness lists from either party must besubmittedto the Student Conduct Administrator or designee(s) by 9 am ET two (2) business days before the scheduled hearing. The Student Conduct Hearing Officer, in consultation with the Student Conduct Administrator and Title IX Officer, as needed, will make the final decision as to the relevancy and admissibility of all evidence. The evidence and witness lists will be shared with the opposing party.
      16. In extraordinary circumstances, witness lists and/or evidence not submitted within this timeline may be considered, subject to final approval of the Student Conduct Hearing Officer. Production of substantive evidence submitted after the deadline may lead to a delay of the remainder of the hearing. The Student Conduct Hearing Officer may allow postponement of a scheduled hearing on the basis of unavailability of important witnesses or representatives, but only if good cause for the unavailability is shown. Generally, postponement will not be allowed beyond (10) ten business days.
      17. The university reserves the right, through the Student Conduct Hearing Officer and Student Conduct Body to add witnesses to the witness list, with noticeto the Complainant(s) and Respondent(s).
      18. All procedural questions are subject to the final decision of the Student Conduct Hearing Officer of the Student Conduct Body, in consultation with the Student Conduct Administrator or designee(s).
   2. DELIBERATION AND DETERMINATION OF FINDINGS
      1. After the hearing, the Student Conduct Body shall meet in private to determine, item-by-item (by majority vote), whether the Respondent(s) has violated the Student Conduct Policy as charged.
      2. The Student Conduct Body's determination shall be made based on whether there is a preponderance of evidence that supports the finding of a violation.
      3. The respondent will be notified in writing via e-mail to the university provided e-mail address, with proof of delivery, of the final decision of the Student Conduct Body within ten (10) business days of the hearing, barring extenuating circumstances. In cases of suspension or expulsion, the Student Conduct Administrator shall send a copy of this notification via mail to the respondent home address.
   3. HEARING RECORD
      1. SUNY Empire will create a single, verbatim record, such as an audiorecording, of all hearings. The record shall be the exclusive property of SUNY Empire State and will not be duplicated or released. Participants are prohibited from making any recording or images of the hearing. The Student Conduct Administrator, or designee(s), must establish a procedure for a Respondent (where applicable) and Complainant/Reporting Individual to have supervised access to this record for the purpose of filing an appeal. Copying, photographing, or transcribing the recording is not permissible.
7. SANCTIONS
   1. Sanctions will be assigned if a Respondent is found to have violated the Student Conduct Policy. Sanctions are intended to have developmental as well as punitive impact on those who engage in Prohibited Conduct. Sanctions are based on the severity of the incident in question and are not necessarily progressive. Any previous interactions a student may have had with the SUNY Empire’s Student Conduct System, may be considered in determining any sanction.
      
      Additionally, if during the conduct process, the Student Conduct Body determines that conduct violation or behavior was motivated by bias, they may consider it as an aggravating factor when recommending sanctions.
   2. One of the following sanctions shall be imposed on a student found responsible for violating the Student Conduct Policy as outlined under Prohibited Conduct:
      • Disciplinary Warning. A notice to the student that their actions are inappropriate, and that the individual must act more responsibly in the future. This does not carry a loss of good standing, but indicates that a student has damaged their relationship with SUNY Empire.
      • Disciplinary Probation. A formal sanction indicating that the student’s behavior has seriously violated the expectations of the SUNY Empire community. While the student is allowed to remain enrolled, they are placed on a probationary status for a designated period of time, during which further violations of the Student Code of Conduct or other university policies may result in more severe sanctions, such as suspension or expulsion. This sanction indicates that the student’s standing within the SUNY Empire community is at risk.
      • Disciplinary Suspension. The separation of the student from SUNY Empire State for a definite period of time, after which the student is eligible to return. The student will be barred from all campus locations and activities, including courses, study groups, residencies, and meetings, for the duration of the Disciplinary Suspension. The Office of Safety and Security may also file a Person Non Grata based upon a Disciplinary Suspension. Conditions for the lifting of disciplinary suspension and returning to SUNY Empire may be specified, pending appeal.
      • Disciplinary Expulsion. The permanent separation of the student from SUNY Empire, pending appeal. The Office of Safety and Security may also file a Person Non Grata based upon a Disciplinary Expulsion.
   3. Suspensions and Expulsions take place immediately, pending the determination of any appeal. The student will be withdrawn from all courses and forfeits all tuition and fees. The individual is restricted from all SUNY Empire grounds, facilities, classes, activities, or related functions for the duration of the separation. The student is considered to have lost good standing with SUNY Empire. In cases where transcript annotation is required (see Section VI. Required Transcript Annotation), ‘Disciplinary Suspension’ or ‘Disciplinary Expulsion’ shall be noted on the student transcript.
   4. In addition to one of the above sanctions, any of the following, singularly or in combination, may be imposed with the approval of theStudent conduct Administrator:
      1. Loss of Privileges. Denial of specified privileges for a designated period of time. These include, but are not limited to:
         • A restriction from possessing items at SUNY Empire locations and/or events (e.g., radios, bicycles, automobiles, etc.).
         • A restriction from being in or entering one or more specified SUNY Empire locations.
         • A restriction from utilization of SUNY Empire services and resources (e.g., reserving rooms for student club functions; interacting with certain staff members, use of technology resources, etc.)
         • Other restrictions, as approved by the Student Conduct Administrator or designee(s).
      2. Restitution. Monetary or material compensation for loss, damage, and/or injury to Empire State University. Empire State University shall not act as an intermediary when a financial dispute exist amongst individual students.
      3. Mandated Counseling Assessment. The student must complete a release, attend an assessment and/or session with a licensed counselor and provide record thereof by a specific date. Unless otherwise stated by the Student Conduct Administrator or designee(s), the student is required to follow all recommendations made by the counselor as a result of the assessment.
      4. Educational Sanction. An intervention designed to promote reflection and learning about the student’s behavior and its impact on themselves, the community, and the institution. This sanction may include, but is not limited to, activities such as written reflections, research projects, presentations, workshops, or participation in educational programs that address the issues related to the violation. The goal is to engage the student in a constructive process that fosters personal growth, accountability, and a better understanding of SUNY Empire’s values and standards. The specific requirements and deadlines for the educational sanction will bedeterminedby the Student Conduct Hearing Board or Student Conduct Administrator/designee(s).
      5. Restorative Sanction. A sanction that focuses on repairing harm, rebuilding relationships, and fostering accountability through a structured process. This approach may involve facilitated conversations, mediation, or restorative circles where the student actively participates in discussions with affected parties to understand the consequences of their actions and work towards making amends. The student may be required to engage in restorative projects, or participate in activities that contribute positively to the SUNY Empire community. The goal is to restore relationships, enhance empathy, and promote a positive environment for all members of the university.
      6. Failure to complete sanctions by the assigned deadline will result in a “Hold” on a student’s SUNY Empire records prohibiting further course enrollment, Graduation, diploma, and/or transcripts. The “Hold” will remain in effect until all assigned Sanctions are completed.
      7. Sanctions will not beimposed that infringe upon the rights of students in the Student Conduct Policy and Related Policies.
      8. Other than required Disciplinary Suspension and Disciplinary Expulsion notations, disciplinary sanctions shall not be made part of the student's permanent academic record but shall become part of the student'sprivate disciplinary record maintained by the Student Conduct Administrator as per SUNY record retention policies.
8. Notification(s) of Student Guardian of Alcohol/Controlled Substance Violation
   The Student Conduct Administrator will notify a student’s parent(s), guardian(s), or emergency contact(s) if a student is:
   1. Found responsible for a violation of the Student Conduct Policy through (1) Administrative Agreement, (2) Administrative Determination, or (3) Hearing;
   2. The violation involved the use or possession of alcohol or a controlled substance; and
   3. The student found responsible is under the age of 21 years-old at the time of the violation
      Notifications will be made in the following manner:
      1. If a student has a parent or guardian on file with Empire State University, the parent or guardian will be notified. Notification will be made to all parents or guardians listed.
      2. If no parent or guardian is listed, notifications will be sent to the emergency contact(s) listed on file with Empire State University.
      3. Notification will be sent by certified mail with proof of delivery to the home address listed within 5 business days of the determination of responsibility.
9. REINSTATEMENT/READMISSION FOR STUDENTS FOUND RESPONSIBLE FOR SEXUAL ASSAULT I
   1. Return After Suspension 
      1. A Student suspended under the Sexual Assault I charge is not automatically returned to active enrollment when the suspension period ends. Empire State University will determine, at the time of sanction, whether the Student’s return will proceed through reinstatement or readmission, based on the underlying facts of the offense; length of separation; administrative requirements; and applicable academic standards.
      2. The Notice of Outcome letter will specify whether the return process will be handled as a reinstatement or readmission, as set forth below.
      3. The Notice of Outcome letter will inform the Student that they are ineligible to apply to or attend any state-operated campus of The State University of New York during the period of suspension.
      4. The Notice of Outcome letter will require the Student to disclose their Suspension when applying to any community college of The State University of New York during the period of suspension
   2. Reinstatement
      1. Used for separations of two academic year(s) or less, or where the student remains in the Empire State University’s enrollment system in inactive status.
      2. Reinstatement is contingent upon:
         1. Completion of all sanction requirements stated in the final conduct outcome letter.
         2. Compliance with any ongoing directives (e.g., no-contact orders).
         3. Continued academic and administrative eligibility.
      3. Students must submit a Reinstatement Request Form to the Dean of Students (or designee) no later than 90 days before the start of the intended term of return.
      4. A modest administrative processing fee may be required; the fee and process will be applied uniformly to all reinstated Students (waiver or deferral available for hardship).
   3. Readmission
      1. Used for separations exceeding two academic year(s), or where the Student’s enrollment record has been formally withdrawn from the Empire State University.
      2. Readmission requires:
         1. Submission of a Readmission Application to the Office of Admissions by the published deadline for returning students.
         2. Payment of the standard readmission/application fee (waiver or deferral available for hardship).
         3. Completion of all sanction requirements stated in the final conduct outcome letter.
         4. Compliance with any ongoing directives.
      3. Readmission to Empire State University following an expulsion/dismissal under this Policy may be granted only under exceptional circumstances and requires the specific approval of the President, or designee.
      4. Empire State University will not admit any Student who has been expelled at any other SUNY state-operated or community college campus except under exceptional circumstances and with the specific approval of the President or designee.
   4. Denial of Return
      1. Under either process set forth in (b) and (c) above, Empire State University shall deny return of the Student if:
         1. Sanction conditions remain incomplete;
         2. Return would pose a substantial risk to safety, security, or lawful operations in the sole judgment/discretion of Empire State University; or
         3. The Student is subject to unresolved disciplinary proceedings.
      2. A Student is not eligible to return to Empire State University if they withdraw prior to the conclusion of any conduct proceedings. If a Student withdrew prior to the conclusion of any conduct proceedings and seeks to return to Empire State University, the student must consent to the continuation of the conduct proceedings, if the proceedings have not concluded. 

PROCEDURES FOR SEXUAL MISCONDUCT CASES  

 A. INTRODUCTION 

In addition to procedures described in other sections of the Student Conduct System, this section outlines the procedures that will be followed for all cases of sexual misconduct involving a student respondent that are not under the jurisdiction of the Title IX Grievance Procedure, including domestic violence, dating violence, stalking, sexual exploitation, sexual assault, or sexual harassment. If there is a conflict between other procedures outlined in this document, the procedures and stipulations in this section will control for cases of sexual misconduct. In this section, and elsewhere in the document, Reporting Individual refers to the victim/survivor related to cases of rape, sexual assault, domestic violence, dating violence, and stalking. The Title IX Coordinator or their designee may be the Referring Party for Referrals of Sexual Misconduct to the Student Conduct System. 

Compliance with any of the below listed provisions does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). 
The burden of proof in all sexual misconduct cases is a “preponderance of the evidence”, meaning that the determination is whether it is more likely than not that the Sexual Misconduct occurred. If the evidence meets this standard, then the Respondent shall be found responsible of a violation of the Student Conduct Policy.

B. STUDENTS’ BILL OF RIGHTS

SUNY Empire is committed to providing options, support, and assistance to members of our community affected by sexual assault, sexual exploitation, sexual harassment, intimate partner violence, and/or stalking, regardless of whether the crime occurred on campus, off campus, or while studying abroad. The rights enumerated in the Student Bill of Rights (available here: https://www.sunyempire.edu/policies/?search=cid%3D142018) are afforded to all students reporting sexual violence, as well as all student respondents of sexual violence, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

C. REPORTING AND REVIEW

1. When a complaint of sexual misconduct is brought to a SUNY Empire State official, that individual will provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the SUNY Empire from retaliation, and to receive assistance and resources from SUNY Empire. The official will clearlydisclosethat they are private, and not confidential, resources and may still be required by law and SUNY Empire policy to inform one or more SUNY Empire officials about the incident, including but not limited to the Title IX coordinator. 
2. Complaints of Sexual Misconduct brought to the Student Conduct Administrator or designee(s) will be referred to the SUNY Empire Title IX Coordinator, who conducts intake, may investigate, anddeterminesjurisdiction. 
3. The Reporting Individual has the right to a prompt response andtimelyreview for all complaints of Sexual Misconduct. Promptness is determined by SUNY Empire’s Title IX Coordinator in view of the circumstances of the case, personnel availability, complexity of the Complaint, and evidence/information submitted. 
4. The preliminary review of all complaints, including any necessary interviews to be conducted and any necessary interim measures to be put in place, will usually be completed within seven (7) business days of receipt of the complaint.
5. Absent extenuating circumstances, the complete review, investigation, and resolution via a hearing or administrative determination, and appeal determination is expected to take place within 180 calendar days from receipt of the complaint. This provides time for the Title IX investigation and referral back to the Student Conduct System if necessary (see the next section).
6. The above time frames may be extended for good cause as determined by the Title IX Coordinator or the Student Conduct Administrator, or their designee(s).

D. TITLE IX REFERRAL TO THE STUDENT CONDUCT SYSTEM

1. The Title IX Coordinator must refer any complaint that was investigated but found not to be in the scope of the Title IX Grievance Procedures to the Student Conduct Administrator or designee(s) to determine if a violation of the Student Conduct Policy has occurred. 
2. Reporting Individuals have the right torequest that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in this document as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions. 
3. In cases where SUNY Empire’s Title IX Coordinator determines that SUNY Empire’s Title IX Grievance Procedures do not apply, SUNY Empire retains discretion to determine if a violation of the Student Conduct Policy has otherwise occurred. 
4. SUNY Empire will promptly send notice that the matter is being referred to the Student Conduct Administrator. This section outlines procedures that will be followed for all cases of sexual misconduct that are so referred (i.e., not subject to the SUNY Empire’s Title IX Grievance Procedures).

E. RIGHTS OF THE PARTIES THROUGHOUT SEXUAL MISCONDUCT PROCEEDINGS

Throughout the proceedings for the adjudication of sexual misconduct, the Respondent and the Reporting Individual have the right to: 

1. Be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The Reporting Individual and/or the Respondent(s) are responsible for presenting their own evidence and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a student conduct body. Students may request a break to consult with their advisor privately. Any parties that wish to have an advisor present shall notify the Student Conduct Administrator or designee, in writing, the name and email of the advisor 48 hours prior to the schedule meeting or hearing in which the advisor will be attending 
2. Have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in
   • conducting investigations of sexual violence,
   • the effects of trauma,
   • impartiality,
   • the rights of the Respondent, including the right to a presumption that the Respondent is, “not responsible” until a finding of responsibility is made, and
   • other issues related to sexual assault, sexual exploitation, domestic violence, dating violence, and stalking. 

3. An investigation and adjudication process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
4. Receive advance written or electronic notice of the date, time, and location/method of any meeting or hearing theyare required to, or are eligible to, attend. Respondents will also betold the factual allegations concerning the violation, a reference to the specific Prohibited Behavior alleged to have been violated, and possible sanctions. 
5. Have a conduct process run concurrently with a criminal justice investigation andproceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) days except when law enforcement specifically requests and justifies a longer delay.
6. Present evidence, witnesses, and statements and to review available relevant evidence in the case file or other information held by SUNY Empire. 
7. Request for a range of options for providing testimony via alternative arrangements, including telephone/video conferencing, or testifying with aroompartition. 
8. Exclude prior sexual history with persons, other than with the other party in the conduct process, their own mental health diagnosis, or treatment, from admittance in SUNY Empire’s disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, sexual exploitation, or sexual assault may be admissible in the disciplinary stage that determines sanctions. 
9. Ask questions of the decision maker and, via the decision maker, indirectly request responses from other parties. In other words, the Respondent and Reporting Individual cannot directly question each other and will be expected to ask questions in writing through the Student Conduct Body.
10. Make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
11. Be provided with simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions, and the rationale for the decision and any sanctions.
12. Be provided with written or electronic notice about the sanction(s) that may be imposed on the Respondent based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension withadditional requirements and expulsion/dismissal. 
13. Have access to at least one level of appeal of a determination before a panel that is fair and impartial and does not include individuals with a conflict of interest (see Section 7.4)
14. Have access to a full and fair record of a student conduct hearing.
15. Choose whether todiscloseor discuss the outcome of a conduct hearing. 
16. Have all information obtained during the course ofthe conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law. 

F. SANCTIONS FOR SEXUAL MISCONDUCT

The following outlines the available sanctions for cases that fall into prohibited conduct items 5. Intimate Partner Violence; 6. Stalking; 8. Sexual Harassment; and/or 9. Sexual Assault and Sexual Exploitation. 

1. When an individual is found responsible for any part of prohibited conduct item 9. Sexual Assault and Sexual Exploitation the following sanction is available: 
   1. disciplinary expulsion
2. When an individual is found responsible for any part of prohibited conduct items5. Intimate Partner Violence; 6. Stalking; and/or 8. Sexual Harassment the following sanctions are available: 
   1. disciplinary expulsion
   2. disciplinary suspension for 1 term, 2 terms, 3 terms, 4 terms, 5 terms, 6 terms, 7 terms, 8 terms, 9 terms, or 10 terms.
3. In addition to suspension, any of the following, singularly or in combination, may be imposed as approved by the Student Conduct Administrator or designee(s):
   1. Loss of Privileges. Denial of specified privileges for a designatedperiod of time, upon return. These include, but are not limited to:
      1. A restriction from possessing particular items at SUNY Empire locations and/or events (e.g., radios, bicycles, automobiles, etc.).
      2.  A restriction from being in or entering one or more specified SUNY Empire locations.
      3. A restriction from utilization of SUNY Empire services or resources (e.g., reserving rooms for student club functions; interacting with certain staff members, use of technology tools, etc.)
      4. Other restrictions,
   2. Restitution. Compensation for loss, damage, and/or injury.
   3. Mandated Counseling Assessment. The Student must complete a release, attend an assessment and/or session with a licensed counselor and provide record thereof by a specific date. Unless otherwise stated by the Student Conduct Administrator or designee(s), the student is required to follow all recommendations made by the counselor as a result of the assessment.
   4. Continuation of No Contact Order with the reporting individualin accordance withSUNY Empire policy. 

The Office of Safety and Security may file a Persona Non Grata order in relation to a suspension or expulsion or a restriction from entering one or more specified SUNY Empire locations. 

INTERIM RESTRICTIONS AND DIRECTIVES 

The Student Conduct Administrator or designee(s), or the Title IX Coordinator, may impose interim measures prior to, and pending, a hearing and outcome thereof. These measures may include interim suspension and loss of privileges, which may include no contact orders and other reasonable measures. Interim restrictions and directives shall be delivered in writing via mail to the student’s mailing address and via e-mail to the university provided e-mail address, with proof of delivery. 

1.  INTERIM SUSPENSION
   Based upon the judgment of the Student Conduct Administrator or the Title IX Coordinator, Interim suspensions shall be imposed:
   1. To ensure the safety and well-being of members of the community and/or preservation of SUNY Empire property.
   2. To ensure the student's own physical or emotional safety and well-being; and/or
   3.  If the student poses a definite threat of disruption of, or interference with, the normal operations of SUNY Empire.
      1. Violation of any condition of the interim suspension shall be grounds for expulsion from SUNY
      2. Notice of interim suspension will be made to thestudent’s mailing Address, with proof of deliverywith an additional copy sent in writing via e-mail to the university provided e-mail address. Interim suspension shall take place immediately upon delivery of this determination by e-mail.  
      3. Students have the right to challenge the terms of the interim measure(s), or request a modification, bysubmittinga letter and any supporting documents to the Vice Provost for Student Success or designee(s) within three (3) business days. A decision will be made within five (5) business days of receipt of the request. The decision of the Vice Provost is final.
      4. During this period the interim suspension, the Student shall not, without prior written permission of the Student Conduct Administrator or designee(s), enter or remain on SUNY Empire property or participate in online or virtual activities, other than to attend the hearing. A Persona Non Grata may also be filed with the local police department.
2. NO CONTACT ORDER
   No contact orders may be issued by the director of safety and security, Title IX coordinator, or the student conduct administrator in the appropriate circumstances. For more information. Please refer to the policy on No Contact Orders available at: https://www.sunyempire.edu/policies/?search=cid%3D104608. 

REQUIRED TRANSCRIPT ANNOTATION 

For violent behavior including, but not limited to, sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), SUNY Empire will make a notation on the transcript of students found responsible after a conduct process that they were “Disciplinary Suspension” or “Disciplinary Expulsion.” For the respondent who withdraws from the SUNY Empire while such conduct charges are pending, and declines to complete the disciplinary process, SUNY Empire shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” 

Notations of expulsion cannot be removed unless a finding of responsibility is vacated through the prescribed appeals process. 

Students may make a request to the Vice Provost for Student Success or designee(s) to have the notation of suspension removed under the following conditions: 

• It has been at least 12 months since the conclusion of the suspension; and, 
• The student supplies a rationale for the removal of the suspension that demonstrates considerable progress in addressing the behavior(s) that resulted in the suspension
  

Removal of the suspension notation is at the discretion of the Vice Provost for Student Success or designee(s). The decision is final and cannot be appealed. 

Notice of expulsion will be made to the student’s mailing Address, with proof of delivery with an additional copy sent in writing via e-mail to the university provided e-mail address. Expulsion shall take place immediately upon delivery of this determination by e-mail. 
  

APPEALS 

An appeal is the process to request a review of the original student conduct referral outcome, which includes the Findings and Sanctions. An appeal will be considered only on the following grounds: 

1. Procedural Error. The respondent may believe a procedural error occurred, where the policies and/or procedures outlined in SUNY Empire’s Student Conduct Policy and/or Student Conduct System were not followed and, as a result, the outcome of the case was significantlyimpacted.
2. Disproportionate Sanction. The respondent may believe that sanction(s) imposed were not appropriate for the violation of the Student Conduct Policy that the student was found to have committed. 
3. New Evidence. The respondent may have new evidence that was unavailable during the original hearing, the investigation, or a scheduled meeting with a Student Conduct Administrator or designee(s), that could significantly impact the original finding or sanction. New evidence does not include information available but not disclosed, by choice, to the Student Conduct Body or Student Conduct Administrator or designee(s) or forfeiting the option to present evidence. 

Accordingly, the appeal does not result in a rehearing of the student conduct case, but rather, the process is limited to review of the verbatim record of the proceedings, supporting documents, and/or new evidence.

1. APPEAL PROCEDURE FOR NON-SEXUAL MISCONDUCT
   The Respondent has the right to submit one appeal of the original decision and may appeal a decision reached or sanction imposed within five (5) business days of initial written receipt of the decision and sanction based upon the appeal grounds delineated above. An appeal may not be submitted by a third party.
   1. APPEAL SUBMISSION
      Appeals shall be in writing and delivered to the Student Conduct Administrator or the designee(s). The appeal shall describe the reason for the appeal.
      1. Any procedural error(s), if applicable, must be identified explicitly and the impact of the error(s) on the case outcome must be clearly described.
      2. If the appeal includes a request to reconsider a sanction, the reason that the respondent believes the sanction is inappropriate must be explained.
      3. If there is new evidence that the respondent believes should be considered, the basis or rationale for asking to have the new evidence considered along with a summary of the new evidence and its potential impact must be included.
      4. The written appeal shall not be longer than 10 double spaced typed pages in length with 12-point font and 1-inch margins, or 2500 words. When a student appeals under “New Evidence” any evidence submitted shall not be counted toward the page limitation. Further, video submissions are not considered as part of written page length and may be submitted as supporting information.
   2. APPEAL REVIEW
      1. The imposition of any sanctions will be deferred during the determination of any appeal(s).
      2. The appeal, original conduct referral, verbatim record, and the outcome of the administrative determination or the original Student Conduct Body’s decision are reviewed by the Vice Provost or designee(s) to ensure they meet the criteria established above for the filing of an appeal.
      3. The original decision will be upheld if the appeal is nottimelyor does not meet the grounds for appeal.
      4. If an appeal is timely and meets the grounds, the Vice Provost, or their designees, may take any of the following actions:
         1.  Affirm or modify the findings for one or more of the alleged violations
         2. Affirm or modify the sanction originally determined.
         3.  Reverse all decisions made by the Student Conduct Body or Student Conduct Administrator, overturning the entire original decision regarding responsibility and sanctions.
         4.  Remand the case to the original Student Conduct Body or the Student Conduct Administrator who heard the referral for a specific reconsideration, or to be reheard, in part or in entirety.
         5. Remand the case to an alternative Student Conduct Body or Student Conduct Administrator for the referral to be reheard.
      5. The Vice Provost makes the final decision. A written notification of the appeal decision will be sent via e-mail to the university provided e-mail address, with proof of delivery to the Respondent. This decision is final. 

APPEAL PROCEDURES FOR CASES OF SEXUAL MISCONDUCT 

In cases of sexual misconduct, both the Respondent and the Reporting Individual have the right to one appeal of the original decision and may appeal a decision reached, or sanction imposed, within five (5) business days of initial written receipt of the decision and sanction, based upon the appeal grounds delineated above.  An appeal may not be submitted by a third party.  

1.  APPEAL SUBMISSION
   Appeals shall be in writing and delivered to the Student Conduct Administrator or the designee(s). The appeal shall describe the reason for the appeal. 
   1. Any procedural error(s), if applicable, must be identified explicitly and the impact of the error(s) on the case outcome must be clearly described.
   2. If the appeal includes a request to reconsider a sanction, the reason that the Respondent or Reporting Individual believes the sanction is inappropriate must be explained.
   3. If there is new evidence that the Respondent or Reporting Individual believes should be considered, the basis or rationale for asking to have the new evidence considered, along with a summary of the new evidence and its potential impact, must be included.
   4. The written appeal shall not be longer than 10 double spaced typed pages in length with 12-point font and 1-inch margins, or 2500 words. When appeals are under “New Evidence,” any evidence submitted shall not be counted toward the page limitation. Further, video submissions are not considered as part of written page length and may be submitted as supporting information.
   5. After the five (5) business-day period, the Respondent and Reporting Individual will be notified regarding if an appeal was submitted or not by the opposing party.
2. APPEAL REVIEW 
   1. The imposition of any sanctions will be deferred during the determination of any appeal(s).
   2. The appeal, original conduct referral, verbatim record, and the outcome of the administrative determination or the original Student Conduct Body’s decision are reviewed by the Appeal Review Panel to ensure they meet the criteria established above for the filing of an appeal.
   3. The original determination and sanction will be upheld if the appeal is not timely or does not meet the grounds for appeal.
   4. If the appeal istimelyand meets the grounds, the Appeal Review Panel, may take the following actions:
      1. Affirm or modify the findings for one or more of the alleged violations
      2. Affirm or modify the sanction originally determined.
      3. Reverse all decisions made by the Student Conduct Body or Student Conduct Administrator, overturning the entire original decision regardingresponsibility and sanctions.
      4. Remand the case to the original Student Conduct Body or the Student Conduct Administrator who heard the referral for a specific reconsideration, or to be reheard, in part or in entirety.
      5. Remand the case to an alternative Student Conduct Body or Student Conduct Administrator for the referral to be reheard.
      6. The Appeal Review Panel makes the final decision. A written notification of the appeal decision will be simultaneously sent viae-mail to the university provided e-mail address of the Respondent and the Reporting Individual, with proof of delivery. This decision is final. 

DISCIPLINARY FILES AND RECORDS 

The Student Conduct Administrator maintains disciplinary records and a disciplinary tracking system that shall include, without limitation, the Respondent's name and related information, description of the incident, parties involved, Student Conduct Policy violations, sanctions, and other data deemed relevant by the Student Conduct Administrator. Such information shall be maintained in accordance with the provisions of the Family Educational Rights and Privacy Act (FERPA). Disciplinary records may be made available to Student Conduct Bodies and SUNY Empire Officials as necessary. 

Students may arrange to review their own disciplinary records by contacting the Student Conduct Administrator. 

Except as provided in the Student Conduct Policy, or otherwise allowable by FERPA, SUNY Empire shall not communicate a student's disciplinary record and related information to any person or agency without the prior written consent of the student with the exception of a court order, mandated disclosures by law, and the indicated transcript notation. 

Student disciplinary records are retained in accordance with SUNY Records Retention Policy (accessible at https://www.suny.edu/sunypp/documents.cfm?doc_id=650). Student records for major Student Conduct Policy violations and drug and alcohol violations are retained for a minimum of seven (7) years after the end of the academic year of said violation(s) to comply with federal recordkeeping requirements and while the student is enrolled at the SUNY Empire. Records of minor Code of Student Conduct violations will be retained for a minimum of three (3) years after the end of the academic year of said violation(s) and while the student is enrolled at SUNY Empire. Cases involving Disciplinary Suspension will be retained permanently and may only be expunged upon successful application to the Vice Provost for Student Success or designee(s). Case files involving Expulsion will be retained permanently. 

A disciplinary records request can be made in writing to: 

SUNY Empire State 
Attn: Student Conduct Administrator 
111 West Avenue 
Saratoga Springs, NY 12866 

INTERPRETATION AND REVISION 

Any question of interpretation regarding the Student Code shall be referred to the Student Conduct Administrator or designee(s) for final determination. 

Applicable Legislation and Regulations 

Related References, Policies, Procedures, Forms and Appendices 

Discrimination Complaint Procedures. https://www.sunyempire.edu/policies/?search=cid%3D89279 

Non-Discrimination/Anti-Harassment Policy. https://www.sunyempire.edu/policies/reg-docs/reg-docs-html/non-discriminationanti-harassment.php 

Sexual Harassment Policy. https://www.sunyempire.edu/policies/reg-docs/reg-docs-html/sexual-harassment-policy.php 

Sexual Violence Prevention and Response Policies. https://www.sunyempire.edu/policies/reg-docs/reg-docs-html/sexual-violence-prevention-and-response-policies.php 

Title IX Grievance Policy. https://www.sunyempire.edu/policies/reg-docs/reg-docs-html/title-ix-grievance-policy-.php