Code for Student Conduct

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 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

3. Inherent Authority for the Student Disciplinary Program

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 they wish. The advisor serves in a supportive role and 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, as long as 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 initiating the act is under the influence of drugs and/or alcohol.
• 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 for a heard case.

“Assistant Dean of Students for Community Standards” 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” mean Monday through Friday, except 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” mean 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 composed of two or more acts over a 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 of 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” means any initial, interim, and final decision by a Hearing Officer or board regarding the finding of responsibility and/or sanctions assigned in resolution of a conduct matter, as applicable. Students who are found responsible may face suspension or expulsion, and their transcript may be notated. Students that 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” means 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 the 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 policy was violated. If the evidence presented 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” encompass the terms “victim,” “survivor,” “complainant,” “claimant,” “witness with victim status,” and any other term used to reference 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 the 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” have 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.

“Sexual violence” is physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including, but not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

" Is used in the imperative sense"

"Student" includes:

• individuals registered for courses regardless of format/modality or educational site, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree seeking students;
• individuals who confirm their intent to enroll in programs;
• individuals attending orientation sessions;
• individuals between consecutive academic terms;
• individuals taking online classes;
• individuals auditing classes;
• individuals residing in the residence halls;
• individuals that were enrolled 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 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" means 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 which receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any federally funded education program or activity. University s must promptly respond to complaints of sexual harassment and sexual violence in a way that limits its effects and prevents it recurrence.

“Title IX Coordinator” 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 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" mean the State University of New York Old Westbury.

“University Official” and “SUNY Old Westbury official” mean 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” includes 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 its affiliated entities.

“Unrecognized Organization” refers to individuals enrolled as students at the University who are associated with each other, an organization, group, club, society and/or fraternal organization that is either not recognized as a collective grouping by the University or Student Government Association or whose recognition as a University club or organization is suspended or has been revoked on the basis that its members having committed severe violations or having a history of repeated violations of law, chapter requirements and/or University policies and regulations. 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 that serves as the head of the Division of Student Affairs, which 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 in this section violate the University’s Code of Student Conduct. This list is not exhaustive but is intended to describe general types of behavior that may result in disciplinary action. 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. Students are responsible for the behavior of their guests and may go through conduct proceedings for their guest’s violation of the Code.

A student who withdraws from the University not be exempt from disciplinary proceedings for behavioral infractions that took place prior to withdrawal. Campus disciplinary procedures may be allowed with the accused student receiving due notice of hearing. Any resulting sanction of suspension or dismissal will be notated on the undergraduate or graduate academic transcript, as well as the student’s conduct record.

General Violations

1. Acts of Dishonesty

Furnishing false or misleading information to the University or other similar forms of dishonesty in University regulated affairs, including knowingly making false oral or written statements to any University Official or hearing body.

2. 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. Students who violate the University 's alcohol policy regardless of age will be subject to 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.

3. Controlled Substances

Consistent with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), possessing, using, distributing, or intent to distribute, a controlled substance or dangerous drug, or any drug unlawful to possess, including cannabis, except as expressly permitted by law.

Drug 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 the medical authorization is prohibited and prescription drugs must have an authentic medical prescription.

Good Samaritan Policy and Medical Amnesty Policy may be applicable. Please see the Policies section for additional information.

4. Disruptive 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 boisterous, indecent or threatening conduct that is unreasonable in the area, time or manner in which it occurs.

5. Endangerment

Acting to create or contribute to dangerous or unsafe environments anywhere on or off-campus. Reckless or intentional acts which endanger, or put at risk, the welfare of oneself or others are prohibited.

6. Fire Safety

1. 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). Prohibited activities include, but are not limited to, use of candles, incense, drug paraphernalia that requires the use of a flame.
2. Smoking within a University building, facility or indoor space. 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 an electronic smoking device, which creates an aerosol or vapor of any form.
3. 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.
4. 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.

7. Forgery or Fraud

Altering, creating or misusing documents, records, stored data, or instruments of identification, or furnishing false information to any University, local, state, or federal official. This also includes possessing, creating, or using fake or forged instruments of identification, medical records, or tampering with the election or proceedings of any University recognized student organization. Use of such fake or forged instruments is prohibited both on and off-campus, including to gain access to University buildings or programs, library services, copying services, etc.

8. Gambling

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 prohibited.

9. 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 education program 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:

1. 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;
2. subjecting a person or group of persons to unwanted physical contact or threat of such; or
3. engaging in a course of conduct, including following a person without proper authority (e.g., stalking), under circumstances which would cause a reasonable person to fear for their safety or the safety of others or to suffer emotional distress.

10. 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 race, color, national origin, ancestry, gender, religion, religious practice, age, disability, sexual orientation, or gender identity, 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.

11. Hazing

Any activity expected of someone that humiliates, degrades, abuses, or that endangers the mental, emotional, physical health, or safety of a student, or which destroys or removed public or private property, for the purposes of initiation, admission into, affiliation with, or as a condition for continued membership in an organization or team whose members are or include students at the University is prohibited. Hazing may occur regardless of a person’s willingness to participate. (Note: a person commits a hazing offense if the person engages in hazing; solicits, encourages, directs, aids, or attempts to aid another engaging in hazing; or intentionally, knowingly, or recklessly permits hazing to occur.)

12. Information Technology Services Policy Violations

1. Unauthorized use or misuse of a university-issued device or account, including failure to safeguard user ID and passwords;
2. Accessing or utilizing a student, staff or institutional accounts without authorization;
3. Failure to comply with University technology policies
4. 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 may also result in a referral to the Student Conduct system.

13. Misuse of the Student Conduct System

Abusing the Student Conduct System, including but not limited to:

1. Failure to follow the summons of a Student Conduct Body, Student Conduct Administrator or University Official.
2. Falsification, distortion, or misrepresentation of information before a Student Conduct Body, Student Conduct Administrator or University Official.
3. Disruption or interference with the orderly conduct of a student conduct proceeding.
4. Knowingly instituting a student conduct referral without cause.
5. Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct System.
6. Attempting to influence the impartiality of a member of a Student Conduct Body or any other party/individual that may choose to participate in a student conduct proceeding.
7. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body or any other party/individual that may choose to participate in a student conduct proceeding.
8. Failure to comply with the sanction(s) imposed under the Code of Student Conduct.
9. Influencing or attempting to influence another person to commit any misuse of the Student Conduct System.

14. Non-Compliance

1. Failure to comply with University Policy and/or any local, state, 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.
2. Failure to comply with the directions of an authorized local, state, federal or University Official acting in the performance of their duties, or any other person responsible for a facility or registered function acting in accordance with those 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.
3. 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 graduation or separation from the University, regardless of 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.

15. Obstruction or Disruption

Obstructing or disrupting University activities, including but not limited to, teaching, research, administration, disciplinary procedures, or other authorized activities including public service functions. It can include participation in unauthorized campus demonstrations which disrupt the normal operations of the University and infringes on the rights of other members of the University community by leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.

16. 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:

1. Purchasing a decal for the vehicle of another student or the vehicle of a family member of another student unless they have the same permanent address;
2. Altering any parking decal, temporary parking hang tag, or any other documents relating to obtaining parking privileges in any manner;
3. Failure to comply with parking rules and policies on campus.

17. Property Damage

1. Removing, destroying or damaging University property, or property under University administration or supervision;
2. Destroying or damaging the property of others, on or off-campus;
3. Littering or improper disposal of items.

18. Residence Hall Policies

Failure to abide by the Guide to Campus Living or Housing License Agreement will result in a conduct violation.

19. 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). Any individual who participates in any sexual harassment or sexual violence reporting procedure has a right to do so without fear of retaliation. Retaliatory behavior by someone, or anyone acting on their behalf, against anyone whom they may believe have cooperated in the investigation and/or conduct process is strictly prohibited and may result in disciplinary action.

20. Solicitation and Posting

All selling and soliciting of merchandise and/or direct services without authorization on University property. Also prohibited is the advertising of such solicitation or sale, advertised materials that are not specifically approved by the University.

21. Student Organization Violations

Students are expected to know and abide by the policies governing their membership in a student organization (e.g., SGA recognized groups, Center for Student Leadership and Involvement 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. It is a violation of university policy for students to affiliate 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 operate after suspension, dismissal, or misrepresenting themselves as a recognized University club or organization by using the University s name or logo without authorization.

22. Tobacco

Use of tobacco products is prohibited on University property, except in designated areas, as outlined in the Campus Tobacco Use policy.

23. 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.

24. Threatening or Abusive Behavior

Intentionally or recklessly causing physical harm to any person or reasonable fear of such harm. The University have Zero Tolerance for threatening or abusive behavior.

Students cannot justify such behavior as defensive if:

1. The behavior is a physical response to verbal provocation;
2. The student has the ability to leave the situation, but instead chooses to respond physically;
3. In circumstances where such actions are punitive or retaliatory.

25. 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.

26. Weapons and Dangerous Materials

Possession or use of any object, substance or device intended or designed for use as a weapon, including but not limited to firearms, knives (including switchblades), tasers, fireworks, explosives, flammables, self-defense sprays, projectiles, or other hazardous substances. Anything that serve as a weapon or dangerous material by release of explosive material, noxious material, electric discharge or projectile is prohibited on campus.

Note: in addition to university policy restrictions, possession of a weapon on school grounds, including the Old Westbury campus, is a felony under NYS Penal Law Section 265.01-a.

Sexual and Interpersonal Violence Violations

27. 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.

1. 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 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 people 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 a romantic or intimate relationship.
2. 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.

28. Sexual Assault and Sexual Exploitation

1. 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.
2. 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.
3. 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 activity between persons without the affirmative consent of one or more party

29. Sexual Harassment

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.

1. Quid pro quo- Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition 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
2. 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 ability to participate in or benefit from, the University's education or employment programs or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective.
   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: (1) submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment; (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant; or (3) such conduct is intended to interfere, or results in interference, with an employee’s work performance or creates an intimidating, hostile, or offensive work environment

30. 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.

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.

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 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 notate on the respondent’s transcript “withdrew with conduct charges pending.”

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 not be removed prior to one year after conclusion of the suspension.

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 where the records be 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 the educational records that are believed to be inaccurate. They should write to the University official responsible for the records, clearly identify the part of the record they want 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 his or her 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 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 to students who need it due to alcohol intoxication or use of drugs by removing impediments to seeking such assistance. The below corresponds to state law.

1. Good Samaritan Policy: The spirit of the Good Samaritan 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 influences of drugs in procuring medical assistance, that student may be granted amnesty from formal disciplinary action by the University for violating the alcohol or drug policies. The caller may be required to meet with the Assistant Dean of Students for Community Standards to discuss the incident.
2. 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:

1. 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.
2. Parental Notification Policy: If the student is under the age of 21, the University notifies 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.
3. A second transport may not invoke the above Good Samaritan Policy or Medical Amnesty Policy.
4. 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: Student Conduct Procedures

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 on the differences between the student conduct process and criminal process, see SUNY Campus Resources for Sexual Assault Prevention

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, or Hearing Officer may utilize additional delivery methods at their discretion. Charges against student organizations will be delivered to the president of the student organization.

Referral and Investigation

When an incident occurs and there are reported allegations that a student has violated the Code, the Office of Student Conduct, a complaint may be filed by any University faculty, staff, and/or student.

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 Student Conduct 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 Student Conduct determines that there is sufficient information that warrants further action under the Code, the Assistant Dean of Students for Community Standards will determine if it the hearing will be held as an Administrative Hearing or a Board Hearing and will be scheduled as determined by the University based on the violation at issue. Students in violation of University Polices violations may result in appropriate corrective measures.

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 include 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 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 depending on the conduct violation, an Administrative Hearing or a Board Hearing, as further detailed in this section. All hearings will be recorded by the Office of Community Standards 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 as needed. 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 within 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 four (4) business days prior to the student’s Old Westbury email account. 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) 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 if the respondent accepts responsibility during the hearing, the Hearing Officer can discuss possible sanctions, but no outcome will be determined. Following the Administrative Hearing, the Hearing Officer will review the case, and based on preponderance of the 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 alleged or 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, the student conduct process and potential sanctions. Board hearings will also allow respondents to provide opening and closing statements and answer questions to provide additional 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, 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 outreach to a respondent to confirm their attendance prior to sending a notice to the student’s Old Westbury email account. The respondent 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 be made up of a reasonable mix of students, faculty and/or staff, however if a particular constituency is unavailable to serve, the case may be heard by a reasonable mix of 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 an opportunity to challenge the participation of any board member due to a possible bias or a 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 and 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. 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, which will be presented during the Board Hearing. The respondent be permitted to submit additional information, if deemed relevant by the Hearing Administrator, for the Hearing Board case file no later than the 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 may not speak on behalf of the respondent, answer questions, or question witnesses.
• Witnesses: The respondent (and complainant if applicable) may request that witnesses attend the Board Hearing if it can be shown that such witnesses have relevant information. The Assistant Dean of Students for Community Standards or designee will notify all witnesses to attend the Board Hearing. All parties will be permitted, during their time, to ask questions from the witnesses. 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, all parties involved 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 the sanctioning phase of a hearing. The names of requested witnesses must be submitted to the Assistant Dean of Students for Community Standards or designee no later than 48 hours (about 2 days) prior to the hearing. Character witnesses’ written statements must be submitted no later than three days prior to the hearing and not exceed one page each.
• Hearing: During the hearing the respondent (and complainant if applicable) 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 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 be made by a majority vote (abstentions are not permitted) of the Hearing Board. A decision of responsibility may be only if the allegations contained in each charge have met the standard of preponderance of the 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 agree 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 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; whether the respondent has been found responsible or not responsible for the charge(s), the 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 inform 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 V: 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 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.

Temporary and Administrative 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.

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, Assistant Director of Residential Life for Crisis, Health, and Wellness, or Vice President for Student Affairs may implement a temporary directive immediately if they reasonably believe that:

1. The student’s continued presence would constitute a danger to the health and/or safety to a member(s) of the campus community;
2. The student’s continued presence would constitute a danger to the preservation of SUNY Old Westbury property or premises; or
3. The behavior of the student significantly detracts from the educational environment and/or poses a disruption of normal campus operations.

The terms of the temporary directive be specified in the temporary directive notice letter issued. 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 review is detailed on the notice letter. The decision of the Dean of Students or Vice President for Student Affairs may be within two (2) business days of the receipt of the written request and if the respondent made the appeal request decision regarding the temporary directive in writing. If a reversal or amendment is not granted on the review, the temporary directive may be placing 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 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 be restricted from all SUNY Old Westbury premises, including classes, access to residence halls and other campus facilities. Temporary suspension also includes restriction from attendance at all University sponsored or supervised functions and the temporary loss of university associated privileges for which the student might otherwise be eligible.

Administrative Directives

If there is 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 three types of administrative directives: Cease and Desist Order, No Contact Order, and Persona Non Grata Status.

The terms of the administrative directive be specified in the administrative directive notice letter issued. 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 review is detailed on the notice letter. The decision of the Vice President for Student Affairs will be within two (2) business days of the receipt of the written request and the party who submitted the request shall be the decision regarding the administrative directive in writing.

1. No Contact Order- 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 Student Conduct may make 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 remain in place until there is an outcome of the Administrative Hearing or 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 drawn . 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 Cease-and-Desist Order between the two 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.
2. Persona Non Grata- A Persona Non Grata letter is an order which 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 VI: Sanctions and Appeals

Sanctions

SUNY Old Westbury’s conduct process aims to create an active and educational response, taking into consideration the interest of all students and the overall well-being of the University community. A sanction is an outcome issued as a result of being found responsible for violating the Code for Student Conduct. Sanctions be communicated to students in writing via their university email. The determination of sanctions for violations of the Code may be by the Hearing Officer or Board. This determination may be consideration all relevant factors, including but not limited to, the facts and circumstances surrounding the incident, the respondent’s statements during the hearing, and any past student conduct record. Students on disciplinary probation or with multiple violations may receive higher sanctions for the violation as listed in the Sanction Guidelines.

Failure to complete assigned sanctions will result in a hold on the student’s account that restricts access to registration, transcripts, and/or a diploma hold.

Disciplinary Warning: An official communication that the Code has been violated and more severe disciplinary action may follow if the respondent is found responsible for further violations. This serves as a notice to the student that the behavior is not aligned with the University’s expectations.

Disciplinary Probation: A notice to the student that their actions are of a serious nature within the University community. Probation be for a designated period and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating any further policies during the probationary period. Any violation during the probationary period will result in a hearing and a review of the student's status at SUNY Old Westbury. Students placed on Disciplinary Probation are encouraged to modify the behavior that violated the Code and are given the tools to help them do so during the conduct process. Having active Disciplinary Probation status may impact the ability to hold positions with campus offices and/or organizations and other campus opportunities, such as studying abroad. Specifically, a student cannot run for or hold certain campus-wide leadership positions including elected or appointed student government positions, student leadership roles (Resident Assistant, Orientation Leader, etc.), or serve on Hearing Boards.

Loss of Privileges: A disciplinary status in which the respondent is denied specific privileges for a designated period. A loss of privileges will not impact a student’s ability to attend class or academically required events. Loss of privileges may include, but are not limited to:

1. A restriction from a particular University building, facility, or space;
2. A restriction from a particular social event or membership in a student organization;
3. A restriction from hosting visitors and/or guests;
4. Deactivation of a student organization;
5. Other restrictions as assigned.

Behavioral Agreement: A plan established by the Hearing Officer with the respondent that clearly defines behavioral expectations and standards that the respondent is required to abide by.

Restitution: Reimbursement for loss, damage, destruction, or misappropriation. This payment may take the form of monetary reimbursement or the cost for appropriate service.

Community Restitution: Service to an entity at SUNY Old Westbury or service to a specific community organization.

Educational Assignments: Educational programs and assignments, typically based on the specifics of the Code violation. Educational assignments may include attending or giving a presentation, reading or reviewing relevant material, writing a reflection, research paper, or a letter of apology and/or having follow-up meetings with the Hearing Officer.

Educational Sessions: Educational sessions, typically based on the specifics of the Code violation. Educational sessions may include Alcohol and Other Drug (AODE) Education sessions, Anger Management sessions, or other workshops/sessions, as deemed appropriate.

Parental Notification: In accordance with Family Educational Rights and Privacy Act (FERPA) regulations, the Vice President for Student Affairs may, in the exercise of their discretion, authorize appropriate staff to notify the parent, guardian and/or Emergency Contact of any student found to have violated the Code.

No Contact Order: A No Contact Order is issued by a Hearing Officer or Hearing Board, prohibiting contact through any means with a protected person, either directly or through a third party. If the respondent and the protected person observe each other in a public place, it is the responsibility of the respondent to leave the area immediately and without directly contacting the protected person. If appropriate, the Office of Student Conduct may make a schedule for the protected person and the respondent to use the same University facilities and services, while maintaining the terms of the No Contact Order. The No Contact Order letter issued will specify the duration and details. Any intentional violation of a No Contact Order may be considered a separate violation of the Code.

Residential Suspension: A removal from the residence halls for a specified period or number of semesters with an opportunity to return after completion. Students suspended from the residence halls may not reside in or visit the residence halls or immediate vicinity thereof for any reason without prior approval from the Assistant Dean of Students for Community Standards, Dean of Students, Vice President for Student Affairs or their designee. Any violation of these restrictions may result in additional conduct charges for the violation and may be subject to arrest for trespassing. Students suspended from the residence halls must complete the Request for Reinstatement form to be eligible to return. Students suspended from the halls will be provided with a move out date and time that they are required to complete a check out and vacate the halls by.

Residential Expulsion: A permanent removal from the residence halls, with no opportunity to return. Students expelled from the residence halls may not reside in or visit the residence halls or immediate vicinity for any reason without prior approval from the Assistant Dean of Students for Community Standards, Dean of Students, Vice President for Student Affairs or their designee. Any violation of these restrictions may result in additional conduct charges for the violation and may be subject to arrest for trespassing. Students expelled from the residence halls are not eligible to complete the Request for Reinstatement form to return. Students expelled from the halls will be provided with a move out date and time by which they are required to complete a check out and vacate.

University Suspension: A removal from the University for a specified period or number of semesters with an opportunity to return after completion. Students suspended from the University may not reside at or visit the campus for any reason without prior approval from the Assistant Dean of Students for Community Standards, Dean of Students, Vice President for Student Affairs or their designee. Any violation of these restrictions may result in additional conduct charges for the violation and may be subject to arrest for trespassing. Students suspended from the University must complete the Request for Reinstatement form to be eligible to return. Students suspended from the University will be provided with all relevant information in their outcome letter. Students suspended from the University will be administratively withdrawn from all classes during the appropriate semesters and are responsible for all charges accumulated for the term.

University Expulsion: A permanent removal from the University, with no opportunity to return. Students expelled from the University must sever all ties with the University. Students expelled from the University will receive a Person Non Grata status (see Administrative Directives). Any violation of these restrictions may result in an arrest for trespassing. Students expelled from the University are not eligible to complete the Request for Reinstatement form to return. Students expelled from the University will be provided with all relevant information in their outcome letter. Students expelled from the University will be administratively withdrawn from all classes during the appropriate semesters and are responsible for all charges accumulated for the term.

Appeals

An appeal is the process to request a review of the original hearing outcome. The respondent has the right to submit one appeal of the original decision. In cases of sexual misconduct, both the respondent and the complainant have the right to appeal. An appeal does not rehear a student conduct case, but rather, determines if the conclusion reached in the original case is valid based on substantiation of one or more of the grounds for appeal, detailed below.

A request for an appeal must be submitted to the Office of Student Conduct no later than five (5) business days following the date the outcome letter was issued. Failure to appeal within the allotted time will render the original decision final and conclusive.

Appeal Grounds

An appeal may only be filed on the grounds below and must meet at least one of the three standards to be considered for appeal.

1. Procedural Error: Procedural error occurs when the policies outlined in the Code are not followed, and as a result, the outcome of the case was significantly impacted. A procedural error and its impact on the case outcome must be clearly described in the appeal.
2. New Evidence: This refers to a situation in which new evidence is obtained that was not unavailable during the investigation, prehearing meeting, or original hearing and that could significantly impact the original finding or sanction. A summary of the new evidence and its potential impact must be included. This does not include information that is available, but a respondent chooses to not present at the Hearing (i.e., opting not to disclose information for any reason).
3. Sanction Severity: A sanction imposed as a result of the original student conduct hearing that is significantly outside of the parameters of the Sanction Guidelines may be appealed. Evidence must show that the sanction is inappropriate based on the infraction, according to Standard Sanction Guidelines.

Administrative Hearing Appeal Form

Conduct Board Appeal Form

Appeal Procedures (Non-Sexual Misconduct)

1. The respondent may file a timely appeal that meets the appeal grounds. The appeal must be submitted electronically, in writing, within five (5) business days following the date the outcome letter was issued. Instructions on how to file an appeal are provided in the outcome letter. An appeal may not be submitted by a third party.
2. The appeal, original case file, and outcome information are reviewed by the appropriate party to determine if the appeal is timely and meets the grounds for appeal. For Administrative Hearings with a Hearing Officer, appeals will be reviewed by the Assistant Dean of Students for Community Standards or Dean of Students. Administrative Hearings heard by the Assistant Dean of Students for Community Standards would be reviewed by the Dean of Students or Vice President for Student Affairs. All Board Hearing appeals will be reviewed by the Vice President for Student Affairs.
3. The original decision and sanction will be upheld if the appeal is not timely or does not meet the grounds for appeal.
4. If the appeal is timely and meets the grounds, the Assistant Dean of Students for Community Standards, Dean of Students or Vice President for Student Affairs may recommend the following actions:
   1. Modify any of the decisions made by the Hearing Officer or Hearing Board.
   2. Reverse all decisions made by the Hearing Officer or Hearing Board regarding responsibility and sanctions can be overturned.
   3. Remand the matter back to the original Hearing Officer or Hearing Board for specific reconsideration, in part or in entirety.
   4. Remand the matter to a new Hearing Officer or Hearing Board to be reheard.
5. A written notification of the appeal decision will be sent via email to the student’s Old Westbury email account. This decision is final.

Appeal Procedure for Cases of Sexual Misconduct

1. The Respondent and Complainant may file a timely appeal that meets the appeal grounds. The appeal must be submitted electronically, in writing, within 5 business days following the date the outcome letter was issued. Instructions on how to file an appeal are provided in the outcome letter. An appeal may not be submitted by a third party. After 5 business days, if an appeal is submitted, the Respondent and Complainant will be notified if an appeal is submitted by the other party.
2. The appeal, original case file, and outcome information are reviewed by the appropriate party to determine if the appeal is timely and meets the grounds for appeal. All Board Hearing appeals will be reviewed by the Vice President for Student Affairs.
3. The original decision and sanction will be upheld if the appeal is not timely or does not meet the grounds for appeal.
4. If the appeal is timely and meets the grounds, the Vice President for Student Affairs may recommend the following actions:
   1.  
      1. Modify any of the decisions made by the Hearing Board.
      2. Reverse all decisions made by the Hearing Board regarding responsibility and sanctions can be overturned.
      3. Remand the matter back to the original Hearing Board for specific reconsideration, in part or in entirety.
      4. Remand the matter to a new Hearing Board to be reheard.
5. A written notification of the appeal decision will be sent via email to the student’s Old Westbury email account. This decision is final.

Section VII. Students’ Rights when Charged with a Violation

Student Bill of Rights for General Conduct Cases

• 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 the evidence. If there is no admission and the charge(s) are not supported by a preponderance of the evidence, then the respondent will be found “not responsible.”
• The respondent has the right to be given written notice of the nature of the nature of the charges in advance of the hearing 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 of Sexual and Interpersonal Violence

All students have the right to:

1. Make a Report to local law enforcement and/or state police
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. 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;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. 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;
9. Access to at least one level of appeal of a determination;
10. 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
11.  Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution

Resources

Students who are interacting with the Office of Student Conduct may request support or resources from the following departments and staff.

Office of Student Conduct
Office: Student Union Suite 303
Phone: (516) 876- 3067
Email: Studentconduct@oldwestbury.edu

Randall M-J Edouard Ed.D, Dean of Students
Office: Student Union Suite 303
Phone: (516) 876- 3067
Email: deanofstudents@oldwestbury.edu

Maria Moreno, Assistant Dean of Students for Community Standards
Office: Student Union Suite 303
Phone Number: 516-876-3372
Email: morenom@oldwestbury.edu

University Police
Phone: (516) 876-3333
Email: police@oldwestbury.edu

The SUNY Old Westbury Code of Student Conduct was reviewed and approved by University Council on Thursday, December 19, 2024