Sanctioning

One or more of the following sanctions may be imposed when a student is found responsible for violating the Student Code of Conduct.

• Verbal Warning – A verbal warning is an educational conversation to the student that they violated residence hall or College policy. This warning should include the nature of the violation and the consequences of further offense.
• Written Warning – A written statement to the student that further violations of the Student Code of Conduct will be followed by an escalated response in conduct action and sanctions by the College.
• Disciplinary Probation – An official action informing the student that the violation of any College regulation during the probationary period may result in suspension or expulsion. During this specified period, the student may be excluded from acting as a representative of, or participant in, any College co-curricular activity or program and may be restricted or denied the use of or participation in certain College facilities and/or activities.
• Suspension – Suspension from classes and the campus set for a specified period of time. Students who are suspended may not return to the campus and may be arrested for trespassing. Approval to return to campus should be given from the Dean of Students, or designee, as well as the Chief of Public Safety
• Expulsion – Termination of student’s status at the College. The student is no longer welcome in the College community, and may be arrested for trespassing. Approval to return to campus should be given from the Dean of Students, or designee, as well as the Chief of Public Safety.
• Restitution – In all student conduct violations involving theft and/or damage to College/residence hall property, restitution may be required. The form and/or amount of this restitution are to be determined by the Student Conduct Administrator hearing the case, or the Hearing Board.
• Loss of Privilege – Any privilege offered to the student may be suspended or revoked, such as hosting visitors in housing, being a guest or visitor in housing, attending functions, or borrowing campus/hall equipment, participating in open gym, etc.

Residential Life / Student Village – the following sanctions are exclusive to the Student Village:

• • Village Relocation – An official action moving a student from one room to another within the residence hall. Students relocated to another room may be restricted from entering a specified room, apartment, or floor.
  • Village Probation – This sanction informs students that the standards necessary for community living have been seriously violated, and that future violations of College policy may result in Village suspension, suspension, or expulsion from the College. This sanction may limit student participation in other College activities or programs, i.e. Resident Assistant.
  • Deferred Village Termination – This is a final warning that a future violation will result in removal from the residence hall and termination of the student’s housing license. Students removed from the residence hall may not return to the hall or surrounding grounds for a specified period of time. Students found in violation of the terms of their Residence Hall Suspension may be arrested for trespassing. Approval to return to the residence hall should be given from the Director of Housing & Residential Life, or designee, as well as the Chief of Public Safety.

Once the sanctions have been assigned the student is responsible for completing all assigned sanctions or further action may be taken. Students who wish to appeal, should follow the appropriate appeal procedures. Suspended or expelled students are responsible for any financial obligation which may have been incurred as a result of the disciplinary sanction.

Students suspended or expelled from the College may not use the fact of such action or the consequences of such action as the basis for an academic grievance. Further, suspended or expelled students are responsible for any financial obligation which may have been incurred as a result of the disciplinary sanction.

As required by New York State Education Law, Article 129-B, crimes of violence, including, but not limited to sexual violence, will be notated on the transcripts of students found responsible after the conclusion of the institutional conduct process AND the resulting sanction of the conduct process includes either suspension or expulsion.  The notation on the transcript will read “Suspended after a Finding of Responsibility for a Code of Conduct Violation” or “Dismissed after a Finding of Responsibility for a Code of Conduct Violation”

For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “Withdrew with Code of Conduct Charges Pending.”

Crimes that meet the reporting requirements pursuant to this law include:

• Criminal Homicide—Manslaughter by Negligence: The killing of another person through gross negligence.
• Criminal Homicide—Murder and Nonnegligent Manslaughter: The willful (nonnegligent) killing of one human being by another.
• Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
• Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
• Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
• Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
• Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
• Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Should any student with such a notation on their transcript like to appeal the notation, they may do so in writing to the Dean of Students and justify the removal using one of the two following conditions.

• The student has returned from their suspension and has been a student at SUNY Broome for at least one year without behavioral incident.
• The conduct finding of responsibility has been vacated.

Upon an appeal being received, the Dean of Students will bring the request forward to the appropriate institutional personnel, including but not limited to the Chief of Public Safety, for review and determination.

A notation for expulsion will not be removed unless the finding of responsibility has been vacated.