Applicable to all students of the University, provides the definitions of expected conduct, judicial authority, and prohibited conduct and comprises the procedures through which judicial hearings are set, sanctions determined, and appeals heard.
1. Introduction
SUNY Old Westbury is committed to creating and fostering a safe and healthy campus environment where all students can develop, learn, and grow. In an environment that cultivates critical thinking, empathy, creativity, and intercultural understanding, we endeavor to stimulate a passion for learning and a commitment to building a more just and sustainable world. To foster this culture, the University must maintain standards and policies that ensure our campus is a community bound together in mutual support, respect, and dedication to our Mission. SUNY Old Westbury Panthers value individual honesty, integrity, self-awareness, respect for oneself and others, and concern for the physical well-being of oneself and others.
SUNY Old Westbury established the Code of Student Conduct, hereinafter called “The Code," to establish and maintain an educational environment conducive to academic success. The Code is based on the principle that all students must accept responsibility for their own behavior and acknowledge their impact on our community. The Code, and all policies and procedures outlined within it, are in place to facilitate the delivery of a fair and equitable experience for all students. The Code applies to all students and student organizations. The Code is put in place and enforced for the benefit of all students and members of the SUNY Old Westbury community. All students are expected to be familiar with the content. Any and all requirements within The Code may be viewed as the minimum standard of conduct expected of students in compliance with the University’s standards.
In addition to this Code, please see the following website for specific requirements governing campus-operated housing as outlined in our Guide for Campus Living.
Students are required to familiarize themselves with the University’s Policy on Academic Integrity.
2. Jurisdiction of the University's Code for Conduct
The Code clearly outlines the institution’s requirements and standards for all students, on or off campus. SUNY Old Westbury may take action for potential violations that occur on the University’s premises, at University sponsored events and activities, on and off campus. Additionally, the University enforces the Code between academic semesters. Student organizations can be held responsible for violations and charged through the conduct process as an organization or individuals. Students who participate in study abroad through the Office of International Enrollment Services are still expected to abide by The Code, as well as the policies of the host institution.
SUNY Old Westbury must comply with the federal, state, and local laws, rules, and regulations of all jurisdictions where the conduct at issue is taking place, in addition to all policies, rules and regulations of the Board of Trustees of SUNY and associated SUNY policies and Procedures, in addition to the SUNY Rules for the Maintenance of Public Order. The State of New York laws include, but are not limited to, the New York State Penal Law, the New York State Vehicle and Traffic Law, the New York State Education Law, and the Alcohol Beverage Control Law. Violations of these laws and/or regulations may result in a referral to the Student Conduct System. In such cases, the University may commence the Student Conduct System procedure independent of any criminal or civil court processes and/or proceedings that may result, as applicable.
Old Westbury students are responsible for the behavior of their guests on campus or at campus sponsored activities and may be charged through the conduct system for potential violations by their guests in accordance with this policy. Students’ guests are subject to arrest by campus or local authorities.
Students are expected to be active and positive bystanders by reporting any violations of SUNY Old Westbury policies they may witness, especially when the safety and well-being of a community member is at risk. Students are encouraged to report all concerns for policy violations to University Police or University staff. Students charged with violating local, state, and/or federal laws may also be subject to processes outlined within the Code, in addition to any resulting legal procedures and/or proceedings.
SECTION I: GENERAL DEFINITIONS
Advisor
Is any individual who provides a Complainant and/or Respondent with support, guidance, and/or advice. Both parties are permitted one advisor of their choosing to accompany them and assist them throughout the investigation and conduct process. An advisor may be a friend, parent, faculty member, mentor, attorney, or any person the Complainant/Respondent wishes to have serve in this role. The advisor serves in a supportive role and may not under any circumstance represent or speak on behalf of their advisee or have any role in the process other than to advise and assist.
Affirmative Consent or Consent
Is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions if those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person/persons participating in the act is/are under the influence of alcohol and/or other drugs.
- Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.
- Consent cannot be given when a person is incapacitated and a reasonable person knows or should have known that such person is incapacitated. Incapacitation occurs when an individual cannot choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness, by being asleep, by being involuntarily restrained, or under alternative circumstances under which an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be deemed incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- Consent cannot be given if any of the parties are under the age of 17.
Appeals Officer
Is the person authorized by the Vice President for Student Affairs to review an appeal request and all relevant case materials and determine the outcome of a heard case.
Assistant Dean of Students for Community Standards
Is the title that refers to the Assistant Dean of Students for Community Standards and/or their designee(s), as appointed by the Vice President for Student Affairs to oversee the Code and all applicable proceedings.
Business Days
Is meant to encompass Monday through Friday, except for days that the University observes as Federal or State holidays.
Bystander
Is a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of SUNY Old Westbury. Students may choose to be an active and positive bystander by reporting any violations to the proper SUNY Old Westbury staff.
Character Witness
Is an individual who provides written information about a respondent’s moral conduct and reputation to be reviewed by a hearing board. This individual does not provide any other information considered relevant to a conduct matter.
Coercion
Is the practice of forcing another person to act in an involuntary manner using force or threats of force.
Complaint
Is a formal allegation of a conduct violation, which must be submitted by the reporting individual in writing if initiating a formal Title IX grievance process. A reported allegation becomes a formal complaint when (a) the reporting individual indicates their desire to move forward with the conduct process to a or Title IX Coordinator and/or (b) the University determines the report requires further action under the Code.
Course of Conduct
Is defined as a pattern of actions comprised of two or more acts over a specified period of time.
Hearing Administrator
Is any University Official appointed by the Vice President to organize, oversee, and administer a board hearing. The Hearing Administrator is not a member of the Board and is a non-voting participant in a board hearing.
Hearing Officer
Is a SUNY Old Westbury official authorized by the Vice President for Student Affairs to receive, process, and resolve student conduct matters.
Hearing Board
Is any group of persons authorized by the Assistant Dean of Students for Community Standards, Dean of Students, Vice President for Student Affairs, or designee to determine whether a student has violated the Code and to recommend sanctions that may be imposed if there is a finding of responsibility.
Outcome or Determination
Is any initial, interim, and/or final decision by a Hearing Officer or board regarding the finding of responsibility and/or sanctions assigned in resolution of a conduct matter. Students who are found responsible may face suspension or expulsion, and their transcript may be notated accordingly. Students who are placed on probation or suspension may be sanctioned to intervention services, restricted from accessing University and/or community buildings, and/or restricted from educational programs.
Personal property
Is anything of value to which a person has legal possession or title. Personal property can include but is not limited to physical or digital property, personal data, identification, passwords, and financial instruments.
Policy
Is the written requirements of SUNY Old Westbury including but not limited to, those found in the Code; academic policies, including the Academic Integrity policy; student handbooks; the Guide for Campus Living; Residence Hall License Agreement; or anything listed in the Campus Policy Library.
Preponderance of Evidence
Is the standard of proof applied to all SUNY Old Westbury conduct cases to determine whether it is “more likely than not” that an incident occurred and/or a policy was violated. If the evidence meets this standard, then the Accused/Respondent Referred Party will be found Responsible.
Reasonable Person
Is a hypothetical person that exercises average care, skill, and judgment in conduct and who serves as a comparative standard.
Report
Is an account given of a particular matter related to a potential violation of the Code.
Reporting Individual
Is represented by the terms “victim,” “survivor,” “complainant,” “claimant,” “witness with victim status,” and any other term used to refer to an individual who experiences and brings forth a report of a violation of the Code.
Respondent or Referred Party
Is a person accused of a violation of the Code who has entered the University’s judicial or conduct process.
Retaliation
Is adverse action taken against another person because the person has engaged in protected activities. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment actions, and bullying.
Sex Discrimination
Is any behavior or action that denies or limits a person’s ability to benefit from or fully participate in the educational programs or activities or employment opportunities of SUNY Old Westbury because of a person’s sex or gender, including, but not limited to, all forms of sexual harassment, gender-based harassment, sexual misconduct, and other sexual violence by or against employees, students, or third parties.
Sexual Activity
Is a term that has the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3): (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sexual Misconduct
Is sexual harassment or sexual violence and encompasses a wide range of behavior for sexual purposes that is against another’s will or at the expense of another. Sexual misconduct includes, but is not limited to, sexual assault, intimate partner violence, stalking of a sexual nature, or any conduct of a sexual nature that is nonconsensual or has the effect of threatening or intimidating another person.
Sexual Violence
Is a term that refers to physical sexual acts perpetrated against a person’s will or a situation in which a person is incapable of giving consent, including, but not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Student
Is meant to include the following:
- Individuals registered for courses regardless of format/modality or educational site, full-time or part-time, pursuing undergraduate or graduate studies, and/or non-degree seeking students;
- Individuals who confirm their intent to enroll in programs;
- Individuals attending orientation sessions;
- Individuals taking online classes;
- Individuals auditing classes;
- Individuals residing in the residence halls;
- Individuals who were enrolled or met one of the above criteria on the date of an alleged incident; and
- Individuals who are not officially enrolled for a particular term, but who have a continuing educational relationship with the University.
Student Organization
Is a group of students who have registered or are in the process of complying with the appropriate requirements for formal registration and recognition from the University. This includes, but is not limited to, Student Government Association, organizations recognized by Student Government Association and the Center for Student Leadership and Involvement, Fraternity and Sorority Life, and Athletics.
SUNY Old Westbury property or University Property
Is all property owned, leased, or on loan to the University. This also includes University data and information stored physically or digitally.
Title IX of the Education Amendments of 1972
Is a comprehensive federal law that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any federally funded education program or activity. University must promptly respond to complaints of sexual harassment and sexual violence in a way that limits its effects and prevents its recurrence.
Title IX Coordinator
Is a title that refers to the Title IX Coordinator(s), Deputy Title IX Coordinator(s) and their designee(s). The Title IX Coordinator’s role is to ensure that the campus community is aware of legal rights under Title IX; ensures that campus community members comply with Title IX policies, procedures, and regulations; provides education, training, and programming to the campus community; takes immediate action in response to all reports of sexual discrimination, sexual harassment, sexual assault, dating violence, domestic violence, and stalking that are reported to non-confidential resources; ensures that both the alleged victim/survivor and accused know their options and get the help, resources, and services they need; conducts fair, equitable, and unbiased investigations while serving as a neutral fact finder for both parties, and is responsible under law for tracking patterns and spotting systemic issues.
University, Institution, and SUNY Old Westbury
Is meant to represent the State University of New York at Old Westbury.
University Official and SUNY Old Westbury Official
Is meant to represent any person employed by SUNY Old Westbury performing assigned administrative or professional responsibilities. This term also includes Residential Life staff and student staff while acting within the scope of their duties.
University Premises or SUNY Old Westbury Premises
Is meant to include all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, including adjacent streets and sidewalks, or those of its affiliated entities.
Unrecognized Organization
Is an organization, group, club, team, society and/or fraternal organization comprised of students enrolled at the University that is either not recognized as a collective group by the University or Student Government Association or whose recognition as a University club or organization is suspended or has been revoked. This term may also refer to an organization, group, club, society or fraternal organization that misrepresents itself as a recognized University club or organization or uses the University name or logo without authorization.
Vice President for Student Affairs
Is the University Official who serves as the head of the Division of Student Affairs and oversees the student personnel staff. This refers to the Vice President for Student Affairs, or those acting in the role, such as the Assistant Vice President for Student Affairs or Dean of Students.
SECTION II: CHARGES (DEFINITIONS)
The behaviors listed below in this section violate the University’s Code of Student Conduct. This list is not exhaustive. These violations apply to student behavior on campus and off campus as well as in all virtual/remote spaces associated with the University. Prohibited conduct also includes aiding, abetting, or otherwise facilitating an individual to commit or attempt to commit a violation of the Code for Student Conduct. Students are responsible for the behavior of their guests and may go through conduct proceedings for their guests’ possible violations of the Code for Student Conduct, and the student’s guest privileges may be revoked.
A student who withdraws from the University is not exempt from disciplinary proceedings for allegations or incidents that are alleged to have occurred prior to withdrawal. Campus disciplinary procedures may be followed with the accused student receiving due notice of a hearing, if applicable. Any resulting sanction of suspension or dismissal will be notated on the undergraduate or graduate academic transcript, as well as on the student’s conduct record.
General Violations
Acts of Dishonesty:
Furnishing false or misleading information to the University or other forms of dishonesty in university regulated affairs, including knowingly making false oral or written statements to any University Official or hearing body will result in a violation charge.
If any student violates the Academic Integrity Policies, it will result in a violation of our code for student conduct policies and procedures.
Alcohol:
Consistent with New York State Law, individuals under the age of 21 years are prohibited from using, possessing, or distributing alcoholic beverages. Additionally, SUNY Old Westbury policy prohibits individuals over the age of 21 from using, possessing, or distributing alcoholic beverages on campus. Students who violate the University's alcohol policy, regardless of age, will be subject to the disciplinary sanctions in this Code and may also be subject to violations under federal, state, and/or local laws as applicable. This applies to both on-campus and off-campus behavior.
Good Samaritan Policy and Medical Amnesty Policy may be applicable. Please see the Policies section for additional information.
Animal Policy:
Pets are prohibited on campus. Support and or service animals are exempted from this policy. Refer to the Guide of Campus Living to find the policy and procedures that relate to allowable support/service animals on campus.
Controlled Substance:
Controlled Substances (Fentanyl, Cannabis, etc.). Consistent with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), possessing, using, manufacturing, delivering, distributing, or intending to distribute a controlled substance or dangerous drugs, or any drug unlawful to possess, including cannabis, except as expressly permitted by the law is prohibited on campus.
Drugs paraphernalia, including, but not limited to, bongs, pipes, or hypodermic needles that are not specifically required for the administration of prescribed medications, are not allowed on campus.
Use of legal medication outside the parameters of medical authorizations is prohibited, and prescription drugs must have an authentic medical prescription.
On March 31, 2021, New York enacted the Marijuana Regulation and Taxation Act (MRTA), legalizing and regulating the use and possession of cannabis for adults ages 21 and up across the state. Howsoever, the MRTA’s impact is limited for SUNY campuses based on continuing requirements of federal law. Below we provide guidance for SUNY campuses regarding how the MRTA’s provisions will impact student conduct, residential life, and law enforcement policies and practices. This document may be revised upon further guidance from the New York State Office of Cannabis Management and other agencies.
Although the MRTA changes the way New York State regulates cannabis, using, and processing cannabis in any form remains a crime under federal law. Specifically, New York colleges and universities remain bound by federal requirements under the Drug Free Schools and Communities Act and the Drug Free Workplace Act. Under these laws, the use, possession and distribution of cannabis for any reason must be prohibited and subject to student of code of conduct or employee disciplinary actions. Failure to comply with federal law may result in termination of all forms of federal financial assistance, including federal student financial aid grants.
As a result, all existing campus policies prohibiting the use of cannabis must remain in effect. Possession or use of Cannabis must remain prohibited on all SUNY property in public or residence halls or offices (including university -owned and the leased buildings, housing, and parking lots) and at all campus events on while conducting campus business, except for approved academic research. In addition to traditional cannabis buds that are smoked using rolling papers, vape/vape pens, bowls, bongs, or other paraphernalia, cannabis may also take the form of edibles, including candies, cooking, and brownies. None of these forms are permitted within SUNY owned or operated accommodations, and residence life professional and para-professional staff must adopt a consistent protocol for confrontation and documentation procedures regardless of the form of cannabis.
If found responsible for the above incident University-owned and/or leased buildings, the student must participate in a University Board Hearing and is subject to a fine (Please see the Guide of Campus Living).
For more information, see Guide to Campus Living.
Residential students: will be subject to sanctions and a minimum one-semester residential hall suspension as well as an additional fine as deemed by the decision of the University Hearing Board.
Commuter Students: will be subject to sanctions and a one-year disciplinary probation as well as social probation for one-semester (the student is only allowed to go to classes).
Disruptive Conduct or Disorderly Conduct:
Impairing, interfering with, or obstructing the orderly conduct, processes, and functions of the University or the community where the conduct occurs. This behavior includes, but is not limited to, excessive noise; abusive or obscene language in a public place; obstructing vehicular or pedestrian traffic; and conduct that is unreasonable in the area, time, or manner in which it occurs is strictly prohibited. Obstructing or disrupting University activities, including but not limited to, teaching, research, administration, disciplinary procedures, or other authorized activities, including public service functions.
Endangerment:
Acting to create or contribute to dangerous or unsafe environments anywhere on or off-campus. Reckless or intentional acts that endanger, or put at risk, the welfare of oneself or others is strictly prohibited.
- Fire Safety (the following activities are prohibited):
- A. Causing or creating a fire, regardless of intent (except as authorized for use in class, or in connection with university-sponsored research or other approved activities) is prohibited. Prohibited activities include, but are not limited to, use of candles, incense, and open flames.
- B. Smoking within a University building, facility, or indoor space is prohibited. Smoking for the purposes of this Policy includes any inhaling, exhaling, and/or burning of tobacco, tobacco-derived products, cannabis, or similar substances as determined by the University, including the use of electronic smoking devices that create an aerosol or vapor of any form.
- C. Tampering with safety measures or devices, including but not limited to, alarm systems, fire extinguishers, exit signs, emergency phone systems, smoke or heat detectors, fire hoses, security systems, locked exterior doors, etc. is prohibited.
- D. Failing to conform to safety policies or regulations, including but not limited to, falsely reporting an incident, failure to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms, inappropriate use of the fire alarm system, and inappropriate, negligent or reckless behavior which results in the activation of a fire alarm is prohibited.
Forgery, Fraud, Hacking:
Altering, creating or misusing documents, records, stored data, or instruments of identification, or furnishing false information to any University, local, state, or federal official in any way is strictly prohibited. This also includes, but is not limited to, verbally misrepresenting or impersonating University personnel; possessing, creating, or using fake or forged instruments of identification or records; hacking or unauthorized entry into any University data or stored information; tampering with the election or proceedings of any University recognized student organization. Use of fake or forged instruments is prohibited both on campus and off campus, including to gain access to university buildings or programs, library services, copying services, etc.
Gambling:
The act of gambling including, but not limited to, contests of chance, illegal lottery, “numbers of games,” playing or gaming for money or something of value, promoting or advancing gambling, gambling using University computing/network facilities, possessing gambling devices or gambling records is strictly prohibited.
Harassment:
Engaging in behavior that is sufficiently severe, pervasive and objectively offensive that it unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from the University’s educational programs and/or activities and creates an academic environment that a reasonable person would find intimidating or hostile. Activity protected by the First Amendment will not constitute harassment. Harassment may include:
- Directing unwanted conduct at an individual based on one or more of that person’s protected characteristics or status, including age, color, race, disability, marital status, national/ethnic origin, religion, military/veteran’s status, sex (including pregnancy), gender expression or gender identity, sexual orientation, domestic violence victim status, criminal or arrest record, political activities, or predisposing genetic characteristics;
- Subjecting a person or group of persons to unwanted physical contact or threat of such; or
- Engaging in a course of conduct, including following a person without proper authority (e.g., stalking) under circumstances that would cause a reasonable person to fear for their safety or the safety of others or to suffer emotional distress.
*Harassment does not require direct contact between parties and can be accomplished in many ways, including through third parties or through the use of electronic devices and social media.
Contact and/or communication considered to be of an unreasonable rate and/or tenor can be reported through a formal harassment complaint against a student by any member of the campus community. Such complaints will be investigated by the Office of Community Standards and adjudicated as appropriate.
Students are cautioned that behavior conducted online, such as harassment delivered by email, can subject them to University conduct action. Students must also be aware that social media postings are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of a policy violation is posted online. The University does not monitor internet sites for this information, but will take action if and when such information is brought to the attention of the Office of Community Standards.
Hate or Bias-Related Crime:
Intentionally selecting a person against whom a criminal offense is committed or intended to be committed because of a belief or perception regarding the person’s protected characteristics or status, including age, color, race, disability, marital status, national/ethnic origin, religion, military/veteran’s status, sex (including pregnancy), gender expression or gender identity, sexual orientation, domestic violence victim status, criminal or arrest record, political activities, or predisposing genetic characteristics, regardless of whether the belief or perception is correct. A student who is found to be responsible for committing a hate or bias-related offense may be subject to a more severe sanction than would be imposed in the absence of such motivation.
Hazing:
The State of New York has enacted a law (New York Education Law Section 6430) that requires the University to file its rules and regulations relating to the subject of "hazing" with the Regents and the Commissioner of Education. The following rules and regulations regarding hazing are hereby adopted by the University and will be filed with the Regents and the Commissioner of Education and be disseminated among the University community.
SUNY Old Westbury recognizes that membership in a fraternity/sorority/athletic team or any other campus organization (herein collectively referred to as an "organization") can be a meaningful experience in conjunction with other aspects of the educational experience. On occasion, membership or prospective membership in an organization may sometimes be accompanied by a wrongful activity commonly known as "hazing."
Accordingly, the University hereby reaffirms its policy that it will not condone hazing of any kind. To this end, any student, faculty member, staff member, visitor, licensee, or invitee who engages in hazing may be removed from the campus and, where appropriate, shall be subject to suspension, expulsion, or other disciplinary action. Similarly, the University may take any or all of the following actions against any organization that authorizes hazing or those members (whether individually or in concert) who engage in hazing: rescind permission for the organization to operate on campus property, rescind recognition of the organization, and/or prohibit the organization from using the University's name in any manner. Hazing has been defined as generally including, among other things:
- Any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
- Any other act or series of acts that cause or are likely to cause mental or physical harm or danger.
- Mistreatment by playing stunts or practicing abusive, humiliating, or ridiculous tricks that subject an individual to personal indignity, humiliation, or ridicule.
- Harassment by exacting unnecessary, disagreeable, or difficult work or harassment by banter, ridicule, or criticism. Some examples of such prohibited activities are:
- a) Abnormal or unusual dress holding the wearer up to ridicule, e.g., extraordinary headwear, costumes, underwear, body painting, etc.
- b) Performing unusual or abnormal acts, e.g., dancing on tables, standing at attention, standing on windowsills, blindfolding, etc.
- c) Excessive or unusual physical activities, e.g., crawling, duckwalk, push-ups, sit-ups, skipping, hopping, squatting, etc.
- d) Verbal or written harassment or abuse, e.g., yelling, making demeaning remarks, etc.
Violations of any of the above prohibitions are also considered violations of the Student Conduct Code and shall be dealt with by the University as follows:
- In the case of any individual or group that is not a member of the University community: the authorization for such individual or group to remain on University property will immediately be revoked; if the individual or group thereafter refuses to leave University property, necessary and appropriate action will be taken to remove such person or group from University property. In addition, the University may, at its sole discretion, take all necessary and appropriate action to prevent any such individual or group that engages in hazing from reentry onto University property.
- In the case of a student: the student shall be requested to refrain from such prohibited conduct, and, if they fail to do so, necessary and appropriate action will be taken to restrain and remove such student from University property. In addition, disciplinary proceedings shall be commenced, pursuant to the Code of Student Conduct, against any student who engages in hazing. In accordance with those procedures, the penalties of suspension, expulsion, or other disciplinary action may be imposed.
- In the case of a non-student member of the SUNY Old Westbury community: the person shall be requested to refrain from such prohibited conduct, and, if they fail to do so, necessary and appropriate action will be taken to restrain and remove such person from University property. In addition, charges shall be brought, in accordance with appropriate University policy, against any non-student members of the SUNY Old Westbury community who engage in such inappropriate conduct. Appropriate disciplinary action will be imposed in accordance with University approved procedures.
- In the case of an organization: the organization may be requested to immediately stop such prohibited conduct, and, if the organization fails to do so, necessary and appropriate action will be taken to eject such an organization from university property. In addition, charges shall be instituted pursuant to the disciplinary procedures of the University against any organization that authorizes or engages in hazing. A hearing shall take place, and, to the extent applicable, those procedures shall be followed. In addition to the penalties set forth in those procedures, the penalties of temporary or permanent rescission of permission for the organization to operate on campus property and temporary or permanent rescission of use of the University's name in any manner by such an organization may be imposed.
- Whenever, in the opinion of the Assistant Dean of Students for Community Standards, and/or Dean of Students, or their designated representative, the conduct of any individual or organization poses an imminent threat to the physical or emotional safety of themselves or others or to property, the Assistant Dean of Students for Community Standards or the designated representative may immediately suspend such individuals or organizations and/or eject such individuals or organizations from the campus pending an appropriate hearing and final determination.
- In addition to the above, the University reaffirms its right to utilize and seek the aid of public authorities and such judicial, civil, and criminal processes and proceedings as may be necessary and appropriate at the discretion of the University. Any penalty imposed by the University shall be in addition to any penalty pursuant to the Penal Law or any other law to which a violator or organization may be subject.
- The above rules and regulations shall be part of the bylaws of all organizations operating on the University's campus. Every organization shall annually review its bylaws with all individuals affiliated with the organization.
Information Technology Services Policy Violation:
- A. Unauthorized use or misuse of a university-issued device or account, including failure to safeguard user ID and passwords.
- B. Accessing or utilizing a student, staff or institutional account without authorization.
- C. Failure to comply with University technology policies.
- D. Illegal use of copyrighted materials, including, but not limited to, downloading, uploading, or use of file sharing programs.
Violations of the Acceptable Use of University Technology Resources Policy may also result in a referral to the Student Conduct system.
Misuse of the Student Conduct:
Abusing the Student Conduct System, including but not limited to:
- Failure to follow the summons of a Student Conduct Body, Student Conduct Administrator, or University Official.
- Falsification, distortion, or misrepresentation of information before a Student Conduct Body, Student Conduct Administrator, or University Official.
- Disruption of or interference with the orderly conduct of a student conduct proceeding.
- Knowingly instituting a student conduct referral without cause.
- Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct System.
- Attempting to influence the impartiality of a member of a Student Conduct Body or any other party/individual who may choose to participate in a student conduct proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body or any other party/individual who may choose to participate in a student conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Code of Student Conduct.
Influencing or attempting to influence another person to commit any misuse of the Student Conduct System.
- Non-Compliance:
- Failure to comply with University Policy and/or any local, state, or federal law, policy, rule, or regulation established, including by the Board of Trustees of the State University of New York is prohibited. This includes failure to comply with any health and safety protocols put in place by the University.
- Failure to comply with the directions of an authorized local, state, federal, or University Official acting in the performance of their duties, or those of any other person responsible for a facility or registered function acting in accordance with their responsibilities. This includes, but is not limited to, not appearing at meetings when directed to do so; not providing identification; not abiding by any temporary and/or administrative directive; and not leaving areas/events when directed to do so.
- Failure to notify the Office of Student Conduct of a felony or misdemeanor crime. It is the obligation of every student to notify the Office of Student Conduct (by email at studentconduct@oldwestbury.edu) five (5) business days from the date of arrest of any felony or misdemeanor arrests at any time after a student pays their admission deposit through their graduation or separation from the University, regardless of the geographic location of the arrest or specific crime alleged. Failure to do so may result in conduct charges by the University, interim measures, or administrative/registration holds placed on the student’s account. The University may review the facts underlying the arrest to determine if there is an associated University policy violation.
Parking and Vehicle Violations:
Violating University policies and regulations governing the possession and use of motor vehicles on campus. Violations of this policy include, but are not limited to:
- Purchasing parking privileges for the vehicle of another student or the vehicle of a family member of another student unless they have the same permanent address.
- Electronically or otherwise altering, manipulating, or misrepresenting any parking privileges including, but not limited to, temporary parking hang tag, or any other documents relating to obtaining parking privileges in any manner.
- Failure to comply with Parking rules, regulations, and policies on campus.
- Property Damage:
- Removing, destroying, or damaging University property, or property under University administration or supervision is strictly prohibited;
- Destroying or damaging the property of others, on or off-campus is strictly prohibited.
- Littering or improper disposal of items on University property or the property under University administration or supervision is strictly prohibited.
Residence Hall Policies:
Failure to abide by the Guide to Campus Living or Housing License Agreement is in violation of the Code for Student Conduct.
Retaliation:
Retaliation is an adverse action taken against an individual for reporting a violation or for participating in any investigation, conduct process, or proceeding under these procedures. Retaliation may include harassment and intimidation, violence, threats, coercion, property destruction, bullying, or adverse employment or educational actions. Retaliation may be found even when an underlying report, made in good faith, was not substantiated. Retaliation may be committed by the Alleged, the Respondent, the Reporting Individual, or any other individual(s). Retaliatory behavior by someone, or anyone acting on their behalf, against anyone whom they may believe to have cooperated in the investigation and/or conduct process is strictly prohibited and may result in disciplinary action.
Solicitation and Posting:
All selling and soliciting of merchandise and/or direct services without authorization on University property is strictly prohibited. Also prohibited is the advertising of such solicitation or sale through advertised materials that are not specifically approved by the University.
- Student Organization Violations:
- Students are expected to know and abide by the policies governing their membership in a student organization (e.g., Student Government Association (SGA) recognized groups, Center for Student Leadership and Involvement (CSLI) recognized groups, Fraternity and Sorority Life Organizations, etc.). Prohibited conduct by officers/members of student groups and organizations may result in a referral to the Student Conduct System for individual students. The institution strongly discourages students from affiliating with organizations that have had their university recognition suspended or permanently revoked by the University. The definition of affiliation includes new member process, joining, rushing, pledging, or being involved in any activity that would normally be associated with being a member of such organization.
- Unrecognized organizations may not operate after suspension or dismissal, nor may they misrepresent themselves as a recognized University club or organization by using the University’s name or logo without authorization.
Tobacco:
To be in compliance with SUNY Tobacco-Free Policy, the use of tobacco products is prohibited on University property, except in designated areas, as outlined in the Campus Tobacco Use policy.
Theft:
Attempted or actual theft of physical or digital property and/or services; possessing stolen property. This includes but is not limited to unauthorized possession or use of a form of identification, financial instruments, personal property, or University property.
Threatening or Abusive Behavior:
Intentionally or recklessly causing physical harm to any person or reasonable fear of such harm. The University has Zero Tolerance for threatening or abusive behavior. Students cannot justify such behavior as defensive if:
- The threat or intent to intentionally harm one or more individuals without provocation; students cannot claim self-defense if they started the fight or provoked the attack.
- The behavior is a physical response to verbal provocation.
- The student has the ability to leave the situation but instead chooses to respond physically.
- The actions are punitive or retaliatory.
Unauthorized Entry, Presence or Use:
Entering, being present in/on, or using facilities or property on or off-campus without proper authorization. This includes the misuse of entrances, emergency exits, windows, or other areas not intended for entry.
- Weapons and Dangerous Materials:
- Any unauthorized use or possession of firearms, explosives, dangerous or noxious chemicals, projectiles, any weapon defined under NYS Penal Law Section 265, or any defined as “deadly weapon: under NYS Penal Law Section 10.00 is prohibited.
- Possession of a weapon on school ground including the Old Westbury campus, is a felony under NYS Penal Law, and as such is also a violation of the Code for Student Conduct. You may refer to the NYS Penal Law Sections 120.14 and 265 for violations, charges, and sanctions under the New York State Criminal Law. Please visit the NYS Penal Law for more information.
Sexual Interpersonal Violations
Intimate Partner Violence:
Intimate Partner Violence includes Dating Violence and Domestic Violence, both of which are further defined below. Intimate Partner Violence can occur in relationships of the same or different genders.
- Dating Violence - Any act of violence, including physical, sexual, psychological, and verbal violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Individual. Dating Violence can occur as a single act, or it can consist of a pattern of violent, abusive, or coercive acts that serve to exercise power and control in the context of a romantic or intimate relationship. The existence of such a relationship will be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of the interaction between the individuals involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context may be may be defined as a romantic or intimate relationship.
- Domestic Violence - Any violent felony, non-violent felony, or misdemeanor crime, as those terms are defined by the laws of the State of New York and of the federal government, committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the Reporting Individual, or a person cohabitating with the Reporting Individual as a spouse or intimate partner; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York.
Sexual Assault and Sexual Exploitation:
Sexual assault is defined in the federal Clery Act, and means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. It can include, but is not limited to the following:
- Sexual Assault I - Intentionally engaging in any form of vaginal, anal, or oral penetration, however slight, with any object (an object includes but is not limited to parts of a person’s body) without the person’s affirmative consent.
- Sexual Assault II - Intentionally engaging in touching a person’s intimate parts (defined as mouth, genitals, groin, anus, inner thigh, breast, or buttocks), whether directly or through clothing, without the person’s affirmative consent. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts.
- Sexual Exploitation - Intentionally engaging in or attempting to engage in abusive sexual behavior without affirmative consent that does not otherwise constitute Sexual Assault I or Sexual Assault II. Examples include, but are not limited to: intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party; nonconsensual video or audio recording of sexual activity; sharing and/or allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner; observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent; trafficking people to be sold for sex; inducing incapacitation with the intent to sexually assault another person; creating, possessing or distributing the sexual performance of a child; and aiding, abetting, or otherwise facilitating sexual.
Sexual Harassment:
Sexual Harassment or sex-based harassment is harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions. Sexual Harassment in an educational setting is unwelcome sexual advances, requests for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, nonverbal, graphic, physical, or otherwise, when the conditions outlined in (1) or (2), below, are present:
- Quid pro quo- Submission to or rejection of such unwanted conduct is made, either explicitly or implicitly, a term or condition to aid, benefit, or in service of a person’s employment, academic standing, or participation in any University programs or activities or is used as the basis for university decisions affecting the individual; or.
- Hostile environment- A hostile environment exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual’s ability to participate in or benefit from the.
Sexual Harassment in the Employment Setting is any unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any of the following occurs:
- a) submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment;
- b) submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant; or
- c) such conduct is intended to interfere, or results in interference, with an employee’s work performance
- Stalking:
- Engaging in a course of conduct (including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property) directed at a specific person(s) that would cause a reasonable person(s) to (a) fear for their safety or the safety of others or (b) suffer substantial emotional distress (defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling).
- Stalking does not require direct contact between parties and can occur in many ways, including through third parties or through the use of electronic devices and social media, including the internet, cell phones, or similar devices.
Failure to abide by State, Federal, or local law:
Violation of federal, state and, or local laws.
Section III: Student Conduct System Policies
This section details campus and SUNY System policies that intersect with the Student Conduct process. Please see SUNY System Policies.
Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases
The health and safety of every student at SUNY Old Westbury is the highest priority. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to University Officials. A bystander acting in good faith, or a complainant acting in good faith, who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to University Officials or law enforcement will not be subject to the University’s Code of Student Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Records Retention and Disposition
Pursuant to SUNY’s Records Retention and Disposition policy 6609, all student disciplinary records will be retained for a period of seven (7) years from the end of the academic year in which the Student Conduct matter was resolved. The exception to this is for student conduct matters resulting in either suspension or expulsion or a transcript notation of “withdrew with conduct charges pending,” which will be kept indefinitely.
Records Release and Disclosure
As per the Records Retention Policy, if Community Standards has a student disciplinary record, they release the record in accordance with the Family Education Rights and Privacy Act (FERPA). Students can request records to be released by completing the Release of Student Conduct Information Request Form.
In accordance with FERPA regulations, the Vice President, or their designee may, in the exercise of their discretion, notify the parent(s) of any student found to have violated the provisions of Community Rights and Responsibilities. Parents of students under the age of 21 may be notified by the University when the student has been found in violation of any law or policy concerning the use or possession of alcohol or a controlled substance.
Transcript Notations
A respondent’s transcript will be subject to conduct notation for all cases where the sanction imposed is University suspension or University expulsion. This includes, but is not limited to, cases in which a respondent is found responsible for an act of violence that meets the reporting requirements found in the Clery Act at 20 U.S.C. § 1092 (f)(1)(F)(i)(I) -(VIII) Part 1. Additional transcript notation policies will also be followed under Title IX of the Education Amendments of 1972, Violence Against Women Act, and New York Education Law Article 129B.
The notation will state that the respondent was “suspended after a finding of responsibility for a Code of Student Conduct violation” or “expelled after a finding of responsibility for a Code of Student Conduct violation.” The date the sanction was imposed will also be noted on the transcript. An accused student who withdraws from SUNY Old Westbury while an investigation is pending or after being charged with a Code violation will not be exempt from conduct action. If a student withdraws during a preliminary review or investigation, a hold may be placed on the student’s account, which will prohibit the student from registering for classes and/or being able to obtain an official transcript until the case is resolved. If a respondent withdraws from SUNY Old Westbury while conduct charges are pending and declines to complete the conduct process, SUNY Old Westbury will notate on the respondent’s transcript “withdrew with conduct charges.
An appeal seeking removal of a transcript notation for a suspension may be submitted, in writing, to the Vice President for Student Affairs with written documentation showing rehabilitation or other compelling cause for transcript notation removal. The decision of the Vice President for Student Affairs on whether to remove the notation is final. If the appeal for the removal of the transcript notation is granted, the notation will not be removed sooner than one year after conclusion of the suspension. If a finding of responsibility is vacated for any reason, any such transcript notation will be removed.
FERPA Rights and Procedures
The Family Educational Rights and Privacy Act of 1974 (FERPA) affords students certain rights with respect to their educational records. Students have the right to review their educational records within 45 days of the date the University receives a request for access. Students should submit to the University Registrar written requests that identify the record(s) they wish to inspect, and the student will be notified of the time and place that the records may be inspected. If the records are not maintained in the office of the University Registrar, the Registrar will advise the student of the correct official to whom the request may be addressed.
Students have the right to request an amendment to any educational records that are believed to be inaccurate. Students should write to the University official responsible for the records, clearly identify the part of the record they would like to have changed, and specify why it is inaccurate. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
In accordance with FERPA, the University may release information pertaining to individual student conduct cases to appropriate University personnel and to parents of students who are dependent. Information from a student’s student conduct file will not be made available without the student’s written consent to anyone other than the student, appropriate University personnel, and parents of dependent students, except by court order or lawfully issued subpoena, unless otherwise allowed by FERPA.
Good Samaritan Policy and Medical Amnesty Policy
At SUNY Old Westbury, the health and safety of the members of our community is the highest priority, and all students are strongly encouraged to be active and positive bystanders who respond in potentially dangerous situations without concern of reprisal from the University. A student or student organization seeking medical treatment or emergency help for themselves or for any other person who is in immediate medical need will not be subject to student conduct action related to the violation of using or possessing alcohol or other prohibited controlled substances. This policy applies to emergencies both on and off campus. Repeated use of the Good Samaritan policy may be cause for concern for the well-being of the student, and amnesty in such cases will be individually reviewed. This policy is intended for use in isolated situations and does not excuse or protect those who flagrantly and frequently violate University policy. The purpose of this policy is to increase the likelihood that medical attention is provided seeking such assistance. The below corresponds to state law:
- Good Samaritan Policy: The spirit of the Good Samaritan Policy is that we all have an ethical responsibility to help people in need. The University expects that students will take an active role in protecting the safety and well-being of their peers and the University community. In order to promote this, when a student assists an individual who is intoxicated or under the influence of drugs to procure medical assistance, that student may be granted amnesty from formal disciplinary action by the University for violating the alcohol or drug policies. The student may be required to meet with the Assistant Dean of Students for Community Standards to discuss the incident.
- Medical Amnesty Policy: When a student is intoxicated or under the influence of drugs and seeks medical assistance, they may be granted amnesty from formal disciplinary action by the University for violating the alcohol or drug policies. Upon receiving a report that a student needs medical assistance, University staff will respond through University Police to obtain EMS services, and responding officials will use standard procedures for documenting information and collecting identification of all persons involved. Judicial changes will be deferred and will be dismissed upon successful completion of any recommended alcohol and/or drug intervention. Failure to successfully complete the recommended alcohol and/or drug program may result in judicial action.
- Upon receipt of an incident report/police report, regarding alcohol or drug transport, the following will occur:
- i. The student may be required to obtain an alcohol or drug assessment from the University Prevention Coordinator. If assessment is required, a copy of the assessment report will be sent to the Assistant Dean for Community Standards and the Director or Residence Life.
- ii. Parental Notification Policy: If the student is under the age of 21, the University will notify the parents/guardians of students whose consumption of alcohol or drugs results in the student being transported. The student will meet with the Assistant Dean of Students for Community Standards to discuss the Parental Notification Letter before the notification is sent.
- iii. A second transport may not invoke the above Good Samaritan Policy or Medical Amnesty Policy.
- These policies apply to incidents both on and off campus. These policies do not remove the possibility of other related criminal charges, per state and federal law.
Section IV: Temporary Directives
In certain circumstances, appropriate SUNY Old Westbury officials may issue temporary and/or administrative directives prior to an Administrative or Board Hearing. The University reserves the right to notify a student’s parent, guardian, or emergency contact of any temporary directives imposed. Additionally, SUNY Old Westbury reserves the right to withhold degree conferral while conduct is pending.
Temporary Directives
SUNY Old Westbury utilizes three types of temporary directives: temporary University suspension, temporary suspension from the residence halls, and temporary suspension from specific campus buildings, areas, or events. The Assistant Dean of Students for Community Standards, Director of Residential Life, Dean of Students, or Vice President for Student Affairs may implement a temporary directive immediately if they reasonably believe that:
- The student’s continued presence would constitute a danger to the health and/or safety of a member(s) of the campus community;
- The student’s continued presence would constitute a danger to the preservation of SUNY Old Westbury property or premises; or
- The behavior of the student significantly detracts from the educational environment and/or poses a disruption to normal campus operations.
- The terms of the temporary directive will be specified in the temporary directive notice letter. A student who has been issued a temporary directive is entitled to a prompt review of the need for and/or terms of the temporary directive. Information on how to submit a request for a review is detailed in the notice letter. The decision of the Vice President for Student Affairs, Dean of Students, or designee may be made within two (2) business days of the receipt of the written request; the appeal request may be in writing. If a reversal or amendment is not granted on the review, the temporary reversal will remain in place until the outcome of the Administrative Hearing or Board Hearing. The hearing outcome letter will specify the conclusion, alteration, or permanence of the temporary directive.
- 1. Temporary Suspension from Specific Campus Buildings, Areas or Events: Other restrictions may be imposed such as denial of access to specified campus buildings, areas, or SUNY Old Westbury sponsored or supervised events. A student may also be restricted from hosting guests on campus for a specified period as deemed to be appropriate by the Assistant Dean of Students for Community Standards.
- 2. Temporary Suspension from Residence Halls: During the temporary suspension from the residence halls, the student may be restricted from residing in and/or visiting any campus housing and immediate area grounds.
- 3. Temporary University Suspension: During a temporary University suspension, the student may be restricted from all SUNY Old Westbury premises, including classes, residence halls, and other campus.
Temporary Suspension Academic Guidelines:
- While on Interim Suspension, the student has the right to make up all missing work such as tests, projects, assignments, etc. The student must be provided an additional one week (five business days) upon return to campus to complete all assigned work missed during the interim suspension time period only. All work must be provided to the faculty member who will evaluate in accordance with course grading standards. Evaluation of student work provided after the approved one-week extension is at the discretion of the faculty member.
- At the faculty member’s discretion, students may not be penalized for missed classes during the interim suspension period.
Administrative Directives
In the event of a concern for the wellbeing of a member of SUNY Old Westbury community, or to prevent disruption to campus operations, an appropriate University Official may issue an administrative directive. SUNY Old Westbury utilizes two types of administrative directives: No Contact Order, and Persona Non Grata Status.
The terms of the administrative directive will be specified in the administrative directive notice letter. A student who has been issued an administrative directive, or has requested and been denied an administrative directive, is entitled to a prompt review of the need for and/or terms of the administrative directive. Information on how to submit a request for a review is detailed on the notice letter. The decision of the Vice President for Student Affairs will be made within two(2) business days of the receipt of the written request, and the party who submitted the request shall be notified of the decision regarding the administrative directive in writing.
- A No Contact Order is a written directive prohibiting contact through any means with a protected person, either directly or through a third party. If the accused/respondent and the protected person observe each other in a public place, it is the responsibility of the accused/respondent to leave the area immediately and without directly contacting the protected person. If appropriate, the Office of Community Standards may create a schedule for the protected person and the accused/respondent to use the same University facilities and services while maintaining the terms of the No Contact Order.
- A No Contact Order issued as an administrative directive is considered temporary and will remain in place until there is an outcome of the Administrative Hearing or University Board Hearing. In cases in which a respondent is found not responsible following an administrative hearing or Board Hearing, the No Contact Order may be lifted. The hearing outcome letter will specify the withdrawal, conclusion, alteration, or permanence of the temporary directive. The Assistant Dean of Students for Community Standards, Dean of Students, Vice President for Student Affairs or designee may, at their discretion, issue a new No Contact Order between parties following the end of a No Contact Order regardless of the case outcome. Any intentional violation of a No Contact Order may be considered a separate violation of the Code.
- Persona Non Grata - A Persona Non Grata letter is an order that prohibits a person’s presence on SUNY Old Westbury premises and at University sponsored or supervised functions. When the accused is not a member of the University community and presents a threat to the health and safety of a member of the University community, University Police or other University Officials may impose a Persona Non Grata letter or provide assistance to a reporting individual in obtaining a Persona Non Grata letter, subject to legal requirements and University policy.
Section V. Student Conduct Process
SUNY Old Westbury’s Student Conduct processes have been developed with an emphasis on student involvement, equity, and fairness. The Student Conduct System is not a court of law and utilizes a “preponderance of evidence” standard of proof. A preponderance of evidence standard evaluates whether it is more likely than not that a violation occurred. For additional information, see: Distinctions Between the New York State Penal Law and the College Disciplinary Processes.
Any notices or notifications outlined in the Code of Student Conduct will be sent to the student’s SUNY Old Westbury email account, unless extenuating circumstances dictate otherwise as determined by the University. Each student is responsible for monitoring their SUNY Old Westbury email account on a regular basis. The Assistant Dean of Students for Community Standards, Title IX Coordinator, and/or Hearing Officer may use additional delivery methods at their discretion. Charges against student organizations will be delivered to the president of the student organization.
Referral and Investigation
A complaint may be filed with the Office of Community Standards by any University faculty, staff, and/or student when an incident occurs that may be in violation of the Code. The Reporting Individual will be asked to put the allegations of misconduct in writing with sufficient detail to support Student Conduct Referral. Any complaint may be submitted as soon as possible after the event takes place, preferably within the academic semester and/or year in which the alleged infraction took place. While timeliness is preferable there is no deadline by which a complaint must be filed as long as the Referred Party is a current student at the University.
When a complaint is received, the Office of Community Standards will review the report and determine whether the complaint has merit to move to investigate the matter further. All investigations will occur within a reasonable timeframe, and every effort will be made to keep investigations private to the greatest extent possible. If the Office of Community Standards determines that there is sufficient information that warrants further action under the Code, the Assistant Dean of Students for Community Standards will determine if the hearing will be held as an Administrative Hearing or a Board Hearing, and the hearing will be scheduled as determined by the University based on the violation at issue. Students in violation of University Policy may be subject to appropriate corrective measures as defined in the sanction guidelines administered by the Office of Community Standards.
A student or student organization charged with an alleged violation of the Code will be provided with a Notice of Hearing and will be required to meet with the appropriate Hearing Officer. The Notice of Hearing includes information about the circumstances surrounding the potential violation, including, where available, the date, time, location, and specific charges pertaining to the alleged violation.
Conduct Hearing Processes
A conduct hearing provides complainants and respondents, as applicable, with due process so as to facilitate an equitable and fair process. Such a process includes the opportunity for individuals to be heard and to present information for review by a Hearing Officer or Hearing Board as deemed appropriate in accordance with the alleged conduct violation. When an alleged violation has occurred, a student may be granted one of two types of conduct hearings, an Administrative Hearing or a Board Hearing. All hearings will be recorded by the Office of Student Conduct for record-keeping purposes. Deliberations held during a Board Hearing will not be recorded. No other means of recording is permitted in a student conduct hearing.
In order to comply with the Family Educational Rights and Privacy Act (FERPA) and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, hearing processes are not open to the general public.
Accommodation may always be requested, and all students are made aware of their right to request reasonable accommodation in their Notice of Hearing letter. The University requests that any accommodation is requested 24 hours prior to the hearing time to provide the University with sufficient time to respond and identify appropriate resources. Accommodation requests made within the 24-hour timeframe will be assessed on a case-by-case basis upon availability. Late requests may not delay a scheduled hearing except under extenuating circumstances. The Hearing Officer or Hearing Administrator may provide accommodation based on concerns for personal safety, well-being, and/or existing accommodation as established by the Office of Services for Students with Disabilities.
Administrative Hearing Process
An Administrative Hearing is a hearing in which a Hearing Officer meets with a respondent to review the alleged violations, relevant information, and charges. The student conduct process and potential sanctions are also discussed.
- Notice of Hearing: The Hearing Officer will schedule a timely hearing based on a student’s class schedule and provide written notice to the student’s Old Westbury email account four (4) business days prior to the hearing. A respondent may request to reschedule the Administrative Hearing with their Hearing Officer via email no less than 24 hours prior to the hearing.
- Respondent Failure to Appear: Should the respondent fail to attend their hearing, a finding will be made based upon the information available, and sanction(s) will be imposed if appropriate.
- Hearing: During the hearing, the Hearing Officer will discuss the incident with the respondent and ask relevant questions. The Hearing Officer will ask the respondent if they are Responsible or Not Responsible for the alleged charge(s) and discuss possible sanctions based on the alleged violation(s). No determination of outcome is made during the hearing.
- Outcome: Regardless of whether the respondent accepts responsibility during the hearing, the Hearing Officer can discuss possible sanctions; however, no outcome will be determined during the hearing. Following the Administrative Hearing, the Hearing Officer will review the case, and based on the preponderance of evidence, decide on the finding and any sanction(s). Findings and sanctions, if applicable, will be based on the case information and not upon a respondent’s failure to appear.
- Outcome Letter: The Hearing Officer will send a letter documenting the outcome and any sanctions imposed within five (5) business days of the Administrative Hearing, except when additional time is necessary for extenuating circumstances as determined by the Assistant Dean of Students for Community Standards or designee. If a temporary directive is in place, the outcome letter will specify the completion, alteration or permanence of the action. The respondent (and complainant if applicable) may appeal the outcome and/or sanctions as outlined in the Appeals section.
The Office of Student Conduct may place a hold on the records or registration of any respondent who fails to respond to a university investigation or conduct notice or fulfil any sanctions previously issued. SUNY Old Westbury may take other action necessary for resolution of a case prior to the respondent’s enrollment in a subsequent semester, transfer, or graduation. All pending conduct matters must be resolved prior to a student’s graduation, transfer from, or continued education at SUNY Old Westbury.
Board Hearing Process
A Board Hearing is a hearing in which the Board, detailed below, meets with a respondent to review the alleged violations, relevant information, charges, student conduct process, and potential sanctions. Board hearings will also allow respondents to provide opening and closing statements and answer questions to provide necessary information to the Board. A Board Hearing will be scheduled when the Respondent has violated disciplinary probation, is facing potential removal from on-campus housing, is facing suspension and/or dismissal from the University, or at the discretion of the Assistant Dean of Students for Community Standards.
- Notice of Hearing: The Hearing Administrator for a Board Hearing will schedule a timely hearing, except when additional time is necessary for extenuating circumstances as determined by the Assistant Dean of Students for Community Standards or designee. The hearing is scheduled based on Board member availability and a student’s class schedule. The Hearing Administrator will contact a respondent to confirm their attendance prior to sending a notice to the student’s Old Westbury email account. The respondent will be notified of the charges and the time and place of the Board Hearing at least four (4) business days prior to the hearing.
- Respondent Failure to Appear: In the event a respondent fails to attend a Board Hearing, an additional conduct charge of “Non-Compliance” may be added as determined by the circumstances. Should the respondent fail to attend their hearing, a finding will be made based upon the information available, and sanction(s) imposed, if appropriate.
- Board Members: All Board Hearings will be conducted by a panel (“the Board”) comprised of students, faculty, and/or staff, which reviews student conduct cases. One member of the Board will be designated as chair by the Hearing Administrator. The Board will consist of five (5) or six (6) members. When six (6) Board members are present, the Chair will act as a non-voting member of the Board. If a Board member is absent or excused, the Board may proceed with five (5) members, and the Chair will participate as a voting member. The board will be made up of two different constituents of the University, which may include students, faculty, and staff. However, if a particular constituency is unavailable to serve, the case may be heard by the two available constituencies to ensure the respondent’s right to a timely hearing.
- Conflicts of Interest: At the start of each Board hearing, a respondent has the opportunity to challenge the participation of any board member due to a possible bias or conflict of interest. A student’s request to challenge a Board member must be substantiated by more than knowledge or previous academic interaction. The Hearing Officer will determine whether the challenge has merit. The University reserves the right to change the board composition at any time, with notice, as well as an opportunity to challenge a Hearing Board member’s participation.
- Prehearing Meeting: Prior to the Board Hearing, a respondent is given the opportunity to schedule a prehearing meeting with the Hearing Administrator as well as the Assistant Dean of Students for Community Standards to discuss complainants the incident. The Hearing Administrator will provide the respondent (and complainant if applicable) with an opportunity to review the case file, including relevant evidence and a list of witnesses, if applicable, that will be presented during the Board Hearing. The respondent and complainants will be permitted to submit additional information, if deemed relevant by the Hearing Administrator, for the Hearing Board case file no later than two (2) business days prior to the hearing. The Hearing Officer will make the final decision related to the admissibility of all information and/or evidence.
- Advisors: Respondents are permitted to have one advisor of their choice present for a Board Hearing. Respondents may privately consult with their advisor during the hearing, but advisors may not speak on behalf of the respondent, answer questions, or question witnesses.
- Witnesses: Both the Respondent and Complainant may request that witnesses attend the Board Hearing if it can be shown that such witnesses have relevant information. All names should be sent to the Assistant Dean of Community Standards (2) days in advance. The Assistant Dean of Students for Community Standards or designee will notify all witnesses about the opportunity to attend the Board Hearing. All parties will be permitted, to submit questions to the Hearing Administrator or designee 48 hours prior to the hearing. During this time, the Chair will be the reader of submitted questions provided in advance. If questions arise on the day of the hearing, the Hearing Administrator will collect the questions during the last questioning portion of the hearing, and the Chair will be the reader of those questions. If a No Contact Order is in place, all questions can be asked through the Hearing Administrator. All witnesses are subject to the right of questioning by the Hearing Board, and the Hearing Administrator. While character witnesses are prohibited from participating in an administrative or board hearing, written statements prepared by character witnesses may be submitted for review and consideration during hearing. Character witnesses’ written statements must be submitted no later than two (2) days prior to the hearing and should not exceed one page each.
- Hearing: During the hearing, the Respondent and Complainant will be given the opportunity to make opening and closing statements, present witnesses, ask relevant questions of other respondent(s) if applicable, and answer questions from other respondent(s) if applicable, as well as from the Board and Hearing Administrator. Following the closing statements, the Board will begin their deliberations. All deliberations are closed, and the chairperson of the Board will serve as a facilitator during the deliberation. The Chair will review all information with the Board to determine the Respondent’s responsibility or non-responsibility for each of the charges. The decision will be made by a majority vote of the Hearing Board (abstentions are not permitted). A decision of responsibility may be determined only if the allegations contained in each charge have met the standard of preponderance of evidence.
- Outcome: If the Board has found the Respondent responsible for one or more violations, the Hearing Officer will provide the Board with a student’s conduct record, if any, for consideration by the Board for the purpose of issuing sanctions. The Board agrees by majority vote (no abstentions) on appropriate sanction(s) as outlined in the Sanctioning Guideline document. The Chair will communicate the Board’s decision regarding the Respondent’s responsibility and a recommendation of appropriate sanction(s) to the Assistant Dean of Students for Community Standards. The Assistant Dean of Students for Community Standards is required to accept the Hearing Board’s decision with respect to responsibility/non-responsibility, unless the decision is deemed to be arbitrary and capricious.
- Outcome Letter: The Hearing Administrator will communicate the findings and outcome of the hearing within ten (10) business days following the adjournment of the hearing. Written notification will contain the name of the respondent; decision regarding the charge(s); rationale for the decision; and the sanction(s) imposed, if any. If a temporary directive is in place, the outcome letter will specify the completion, alteration, or permanence of the action. The notification also informs the respondent of the appeal process, which is detailed in the Appeals section. Title IX hearings will be detailed further in the Title IX section.
Section VI. Title IX Policies and Procedures
In compliance with Title IX of the Education Amendments of 1972 regulations, all allegations of sexual misconduct that fall within the scope of Title IX will be addressed through SUNY Old Westbury’s Title IX Grievance Policy. Matters of sexual or interpersonal violence that do not fall within the scope of Title IX will be addressed through the Board Hearing process outlined above in compliance with New York State Education Law 129-B, also known as Enough is Enough.
Section VIII. Sanctions and Appeal
- The University is obligated to determine whether the respondent is found responsible or not responsible for a Code violation. The University may find the respondent “responsible” if the respondent makes an admission of responsibility or the conduct board or Hearing Officer finds the student responsible for violation of the Code for Student Conduct, supported by a preponderance of evidence. If there is no admission and the charge(s) are not supported by a preponderance of evidence, then the respondent will be found “not responsible.”
- The respondent has the right to be given written notice of the nature of the charges in advance of the hearing and to be informed of their rights prior to a hearing.
- For a Board Hearing, a respondent has the right to have an advisor present at the hearing. The advisor may privately consult with and advise the student during the proceedings but may not examine the witnesses or otherwise directly participate on behalf of the respondent. State law and the Code of Student Conduct govern advisor participation. The names of those serving in this capacity must be provided to the Hearing Administrator at least 48 hours (about 2 days) in advance of the hearing.
- The respondent has the right to request relevant witnesses for a board hearing.
- The respondent has the right to raise questions that may be directed to witnesses and/or the complainant, if such person(s) is available for the hearing.
- The respondent has the right to provide documentary evidence on their own behalf for consideration. The respondent also has the right to review documentary evidence produced by others and/or the University. All evidence must be submitted at least 48 hours (about 2 days) prior to the hearing to the Hearing Officer or Hearing Administrator.
- The respondent has the right to access the reports, and audio or video recording of the hearing, if applicable. The respondent may request to review the recording by scheduling a meeting time with the Hearing Officer. Students are not permitted to make copies or recordings.
- The respondent has the right to access one level of appeal of an outcome.
Student Bill of Rights for Cases for Sexual Misconduct and Interpersonal Violence
All students have the right to:
- Make a Report to local law enforcement and/or state police.
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
- Make a decision about whether to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution.
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed or should have acted in a different manner to avoid such crimes or violations.
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident.
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- Access at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Contacts and Resources
Students who are interacting with the Office of Community Standards may request support or resources from the following departments and staff:
Office of Community Standards Office: Student Union Suite 303
Phone: (516) 876- 3067
Email: Studentconduct@oldwestbury.edu
Dean of Students: Student Union Suite 303
Phone: (516) 876- 3067
Email: deanofstudents@oldwestbury.edu
Assistant Dean of Students for Community Standards Office: Student Union Suite 303
Phone: 516-876-3372
Email: Studentconduct@oldwestbury.edu
University Police:
Phone: (516) 876-3333
Email: police@oldwestbury.edu