Student Rights & Responsibilities

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Student Appeals Procedure

Grievance

Disagreements between students and instructors are usually resolved on an informal basis. However, the College provides formal avenues for grievances against an instructor. These formal procedures are not intended to replace informal channels, and every attempt should be made to explore the informal avenues before escalation to more formalized procedures.

The procedures described are purposefully general, rather than detailed, to ensure flexibility for both the student and the instructor in resolving the grievance. Reasonable efforts will be made to expedite the process. Time frames are specified to accommodate this procedure.

These procedures in no way reduce the traditional responsibility and authority of faculty members in establishing academic standards and procedures for their courses.

1. Informal Level
   1. The student who wishes to grieve a classroom situation or grade must take his or her complaint to the instructor within 20 days of the occurrence or notice of the grade. The student and the faculty member will meet and attempt to resolve the issue in a mutually acceptable manner.
   2. If unable to resolve the issue, the student will contact the Associate Dean of Student Services concerning his or her grievance. If the Associate Dean cannot bring about a successful resolution of the grievance through informal mediation, he or she will arrange a three-way meeting among the student, instructor, and appropriate department chairperson as soon as possible or practicable. 
2. Formal Level
   1. If, at the end of the meeting described in No. 2 (Informal Level), the issue is still unresolved, the department chairperson will ask the student to prepare a written grievance within a calendar month after the meeting. A copy of this will be given to the faculty member, who will then respond in writing to the grievance. The department chairperson will forward copies of these documents to the Academic Review Committee, the student, and the faculty member. The Academic Review Committee will meet as soon as practicable; it will consider only the issue addressed in the written documents.
      
      The Committee will invite the student, instructor, and department chairperson involved to be present at its meeting. The student, faculty member, or both, may elect to have present at this meeting an advocate of his or her choice. Advocates will be limited to SUNY Ulster faculty, staff, and students. Only Committee members who have no prior involvement with the student or instructor concerning this grievance may sit on the Committee to review this particular grievance.
      
      The Committee’s written recommendation, along with all pertinent material, will be forwarded to the Dean of Academic Affairs. Two members of the Committee will be designated to deliver these documents and to be available to answer any questions that the Dean may raise concerning the Committee’s recommendation. All members of the Academic Review Committee will receive a copy of the recommendation sent to the Dean.
   2. The Dean of Academic Affairs will review the Committee’s recommendation along with the documents of the student and the faculty member. Within two weeks, the Dean of Academic Affairs will render a decision and report his or her findings in writing to the student, the faculty member, and the department chairperson. The Dean will send to the Academic Review Committee members copies of all letters sent to the student, the faculty member, and the department chairperson. The Dean of Academic Affairs is the final step in the Academic Appeals Procedure at the College.
   3. A student academic grievance will be adjudicated as soon as reasonable, but no later than the end of the next semester, excluding the summer semester.

Accelerated Grievance Procedure

In order to speed up the grievance process, primarily to accommodate students taking modular courses, SUNY Ulster’s faculty have recently approved an Accelerated Grievance Procedure. This accelerated procedure is important to students who need to pass one modular course before being eligible to take the next course in the sequence.

The full text of the Accelerated Grievance Procedure follows:

1. Informal Level
   1. The student who wishes to grieve a classroom situation or grade must take his or her complaint to the instructor within 24 hours of the occurrence notice of the grade. The student and the instructor will attempt to resolve the issue in a mutually acceptable manner.
   2. If unable to resolve the issue, the student will contact within 24 hours the Associate Dean of Student Services concerning his or her grievance. If the Associate Dean cannot bring about a successful resolution, he or she will arrange a three-way meeting with the student, instructor, and appropriate department chairpersons within three days.
2. Formal Level
   1. If, at the end of the meeting described in No. 2 above, the issue is still unresolved, the department chairperson will ask the student to prepare a written grievance within three days. A copy of this will be given to the faculty member, who will then respond in writing to the grievance within three days. The department chairperson will immediately forward copies of these documents to the Academic Review Committee, the student, and the faculty member. The Academic Review Committee will meet within three days to consider only the issue addressed in the written documents.
      
      The Committee will invite the student, instructor, and department chairperson involved to be present at its meeting. The student, faculty member, or both may elect to have present at this meeting an advocate of his or her choice. Advocates will be limited to SUNY Ulster faculty, staff, and students. Only Committee members who have no prior involvement with the student or instructor concerning this grievance may sit on the Committee to review this particular grievance. The Committee’s written recommendation, along with all pertinent material, will be forwarded immediately to the Dean of Academic Affairs. Two members of the Committee will be designated to deliver these documents and to be available to answer any questions that the Dean may raise concerning the Committee’s recommendation. All members of the Academic Review Committee will receive a copy of the recommendation sent to the Dean.
   2. The Dean of Academic Affairs will review the Committee’s recommendation along with the documents of the student and the faculty member. Within three days, the Dean will render a decision and report his or her findings in writing to the student, the faculty member, and the department chairperson. The Dean will send to the Academic Review Committee members copies of all letters sent to the student, the faculty member, and the department chairperson. The Dean of Academic Affairs is the final step in the Academic Appeals Procedure of the College.
   3. The process above shall be accelerated as necessary in order for resolution to be completed before the student has completed one third of the presently enrolled course.

Student Academic Honesty

Student Responsibilities

Academic honesty means that students are expected to do their own work and follow the rules regarding acts such as cheating and plagiarism. It is the student’s responsibility to maintain academic honesty. That is, ignorance of the standards of academic honesty is not an acceptable excuse for breaking these standards

Academic dishonesty - breaking the standards of academic honesty - is taken very seriously by the College. Breaking the rules of academic honesty will result in immediate disciplinary consequences.

Academic dishonesty includes, but is not limited to, the following actions:

1. Cheating on examinations or quizzes. Examples include (a) referring to materials that the instructor has not allowed to be used during the test, such as textbooks or notes or websites; (b) using devices the instructor has not allowed to be used during the test, such as cell phones, text messages, or calculators; and (c) copying from another student’s paper or asking another student for an answer.
2. Plagiarism. Plagiarism means the use of words or ideas that are obtained from other sources without giving credit to those sources. Not only do quotations have to be referenced, but also any use of the ideas of others, even if expressed in the student’s own words, must be referenced. The College has a service to check for plagiarism. Any student paper can be submitted for this plagiarism check.
3. Submission of work that is not entirely the student’s own work. Having another person write a paper or parts of a paper is one example of this offense; allowing another student to copy test answers is another example.
4. Theft or sale of examinations, falsification of academic records, and similar offenses.
5. Submitting work to more than one class. For example, a student who submits to an English class a paper previously turned in to a philosophy class is in violation of academic honesty, unless the English instructor has given permission for the duplicate submission.
6. Unauthorized duplication of computer software or print materials. For example, turning in a term paper downloaded from a website is a violation of academic honesty.
7. Influence. A student should not attempt to get an instructor to change a grade or record for any reason except achievement. For example, trying to get an instructor to change a grade because of personal hardship-or because of a bribe-is a violation of academic honesty.
8. Practice of any other form of academic dishonesty not included in this list.

Judicial Procedures

In all cases, the objective is to provide fundamental fairness to the student. It is the responsibility of the instructor to present adequate evidence in support of charges of academic dishonesty. When a student has been notified of possible academic dishonesty, the following procedures will be followed:

1. The instructor will discuss with the student the particular offense of academic dishonesty, and the student will have the opportunity to respond.
2. If the instructor finds the student’s response unsatisfactory, the instructor must file an official report with the Associate Dean of Student Services, together with the evidence of dishonesty.
3. The Associate Dean will schedule a meeting with the student to review and clarify the College’s policy on academic honesty. At this time, the student will sign a statement indicating that he or she understands the issue and its seriousness, and that he or she will be dismissed from the College if a second offense is reported.
4. The student may appeal within ten (10) school days after this disciplinary action. The appeal must be made in writing to the Associate Dean of Student Services.
5. The Associate Dean of Student Services will schedule a time and place for the student and instructor to meet with the Academic Review Committee.
6. The hearing should provide a fair inquiry into the truth or falsity of the charges. Both the student and the instructor may provide witnesses or other relevant support at this meeting. A written record must be made of the proceedings.
7. After consideration of the evidence, the Academic Review Committee will make its recommendation to the Dean of Academic Affairs and the Associate Dean of Student Services.
8. The decision made by the Dean of Academic Affairs and the Associate Dean of Student Services is, in all cases, final.
9. The Associate Dean of Student Services will then transmit to the student and the instructor copies of all actions taken by the Academic Review Committee, the Dean of Academic Affairs, and the Associate Dean of Student Services.

Timeliness

It is the responsibility of all parties to take prompt action in order that charges can be resolved quickly and fairly.

Penalties

Depending upon the circumstances, any first offense will result in one of the following actions:

• Repetition of the assignment or examination,
• A failing grade for the assignment or examination,
• A failing grade for the course, or
• Suspension or dismissal from the program.

Any second offense will result in dismissal from the College for a period of time not less than one calendar year.

Acquired Immune Deficiency Syndrome (AIDS) Policy

Individuals with AIDS and HIV-related illnesses will be treated with compassion, with understanding, and with their human rights protected by the College to the fullest extent possible. The College recognizes that HIV infection, HIV-related illness, and AIDS are disabilities covered by federal, State, and local statutes. Support and assistance will be provided on a case-by-case basis in a nondiscriminatory and confidential manner.

A complete explanation of the College’s AIDS policy may be obtained from the College Nurse, located in the Senate Gymnasium Building, SEN 139.

Americans with Disabilities Act (ADA) Policy

It is the policy of SUNY Ulster to provide equal opportunity, free of discrimination, for its students and employees. Accordingly, the College will apply the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 to all of its operations.

ADA extends comprehensive federal civil rights protection to persons with disabilities. Protection is provided in the areas of employment, public accommodations, government services, and telecommunications.

SUNY Ulster, as a recipient of federal funding, has been prohibited from discriminating on the basis of disability since 1973 under Section 504 of the Rehabilitation Act. The Act provides that “…no otherwise handicapped individual shall solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Compliance with this act requires SUNY Ulster to assure that the same educational programs and services offered to other students be available to students with disabilities.

ADA reinforces nondiscriminatory policies for students by requiring that the College make appropriate academic adjustments, provide auxiliary assistance, and remove architectural barriers. It further extends the policies to nondiscrimination in employment and promotion.

A complete copy of SUNY Ulster’s ADA Policy may be obtained from the College’s Affirmative Action Officer.

Attendance Policies and Classroom Standards

Students are expected to attend all class meetings scheduled in the classes for which they are registered. Absence does not excuse the student from responsibility for class work or assignments missed. Excessive absence or lateness may lead to a recommendation by the instructor that the student be dropped from the class with an appropriate grade. Individual instructors determine their own class attendance policy and inform their students, in writing, about this policy at the beginning of each semester.

As a public, comprehensive, learner-centered institution, SUNY Ulster is committed to establishing the best learning environment for all students. As part of this goal, principles of suitable classroom behavior include the following:

1. Students are responsible for arriving in class on time and remaining in class for the entire period. Arriving late or leaving early is disruptive to the instructor and other students. Instructors may have specific procedures regarding penalties for tardiness and early departure.
2. Students are responsible for complying with attendance requirements. Excessive absences contribute to poor student performance. If a student misses class, the student is responsible for lecture material, assignments, and handouts for the missed class or classes. Instructors may have other specific procedures regarding academic penalties for excessive absences. These may include withdrawal from the class.
3. Classroom behavior should not interfere with the learning process. Inappropriate behavior during class includes not being respectful of the instructor and other students by leaving one’s seat, carrying on conversation with other students, using a cell phone in class, having a pager sound, and using foul language. Policies regarding drugs and alcohol, harassment and assault, and the carrying of weapons can be found in this Catalog. Instructors have the right to Withdraw a Student for Cause should they feel that a student’s actions continue to be disruptive following adequate warning. Instructors may have other specific policies regarding classroom behavior.
4. Students should come to class prepared. They should have the required textbooks and completed assignments, be prepared for exams and quizzes, and be prepared for active participation in class discussions where appropriate. Failure to prepare adequately not only puts students in jeopardy in regard to successful completion of the course, but also affects the progress of the entire class. Instructors may have other specific policies regarding preparation for class.

Students Unable to Attend Classes on Certain Days

(Because of Religious Beliefs)

No person shall be expelled from or be refused admission as a student of the College, for the reason that the student is unable because of religious beliefs to attend classes or to participate in any examination, study, or work requirements on a particular day or days specified in the State Education Law. Any student of the College who is unable because of religious beliefs to attend classes on a particular day or days shall be excused from any examination or any study or work requirements.

It shall be the responsibility of the College’s faculty and administrative officials to make available to each student who is absent from school because of religious beliefs an equivalent opportunity to register for classes or make up any examination, study, or work requirements which the student may have missed because of such absence on any particular day or days. No fees of any kind shall be charged for making available to the said student such equivalent opportunity.

If registration, classes, examinations, study, or work requirements are held on Friday afternoon after four or on Saturday, similar or makeup classes, examinations, study, or work requirements shall be made available on other days where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study, or work requirements held on other days.

In effectuating the provision of this section, it shall be the duty of the College’s faculty and administrative officials to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of making use of the provisions of this section. Any student who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this section shall be entitled to maintain an action or proceeding in the Supreme Court of Ulster County for the enforcement of the student’s rights under this section.

Withdrawal for Cause

A student may be removed from class by an instructor at any time when in the judgment of the instructor the student’s absences have been excessive or for just cause. A student may also be removed from class by the Dean of Administration if all financial obligations are not satisfied. If the removal takes place before the end of the tenth week, the student receives a grade of W; beyond that time, the student receives a grade of F.

Maintenance of Order

SUNY Ulster is committed to providing an academic environment which will promote the educational growth and cultural enrichment of all members of the College community as well as the region which it serves.

SUNY Ulster affirms that institutions of higher education must freely seek the truth and examine values, as one of the main purposes of the College is to provide students with the ability to function analytically and creatively in a changing environment.

All members of the community comprising SUNY Ulster (i.e. students, faculty, administration, other professional staff, and Civil Service personnel) by virtue of their individual and collective relationship with, and responsibility to, the College through appropriate contractual agreement accept as primary civil and criminal law and those regulations, laws, by-laws, policies, and administrative codes as developed and adopted by the collective individual communities of the College and approved by the Board of Trustees.

Any person, either singly or in concert with others, engaging in acts disruptive of the teaching or learning process or other acts that infringe upon the purpose of the College, or in conduct expressly prohibited by the action of the Board of Trustees of the College, the Penal Law of the State of New York, Section 75 of the Civil Service Law, Laws of the County of Ulster, or other appropriate laws of the State of New York or the County of Ulster shall be informed of such violation and possible action by the appropriate official.

Campus crime statistics can be viewed on the SUNY Ulster website or can be requested from Campus Public Safety at 687-5023. They can also be viewed on the U.S. Department of Education’s website at ope.ed.gov/security.

Some areas of particular concern in the maintenance of order include, but are not limited to, the following:

Alcohol and Drugs

The manufacture, distribution, dispensation, or use of alcohol and/or a controlled substance on College campus premises or at associated educational facilities, in College vehicles, or while engaged in College-sponsored student activities is strictly prohibited. Possession and consumption of alcohol during off-campus College- sponsored activities may be permitted when the function is held at a facility duly licensed to serve alcoholic beverages and said facility controls the dispensation of any alcoholic beverages. Students and employees who are 21 years of age or older may consume alcohol at such events.

Any forced consumption of alcohol for the purpose of initiation into or affiliation with any organization is strictly prohibited. The College reserves the right to sanction employees and students who violate the State law and either of the following College prohibitions:

1. The consumption of alcoholic beverages or possession of alcoholic beverages in public places, including hallways, lounges, buildings, or on College grounds. Note: College grounds include all College parking lots and any vehicles parked on College property.
2. Driving while under the influence of alcohol.

Students and employees found in violation of the College Alcohol Beverage Policy will be subject to disciplinary action, which could include disciplinary probation, suspension, or dismissal from the College.

When a student is placed on disciplinary probation for an alcohol offense, the College reserves the right to notify parent(s)/legal guardian(s) about the disciplinary status consistent with the provisions of the Family Educational Rights and Privacy Act.

The College reserves the right to alert civil authorities to problems on or off campus. Concerns likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community.

SUNY Ulster supports the New York State laws concerning drinking and accepts the responsibility to inform each student and employee of his or her obligation to obey these laws. The College offers no protection for violators of these laws. New York law provides that it is unlawful for anyone under the age of 21 to possess, consume, purchase, attempt to purchase, or transport alcoholic beverages. State law further provides that it is unlawful to furnish alcoholic beverages to anyone under the age of 21.

The sale, production, and/or distribution of, as well as attempt and conspiracy to sell, produce, and/or distribute cocaine and its derivatives, marijuana, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances on College property will result in disciplinary action. Use or possession of cocaine and its derivatives, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances will result in disciplinary action. Use or possession of marijuana will result in disciplinary action. Second offenses may result in expulsion from the College.

Additionally, State and Federal Trafficking Penalties can result in fines and/or incarceration. When a student is sanctioned for a drug-related offense, the College reserves the right to notify a parent or legal guardian about the student’s disciplinary status, consistent with the provisions of the Family Education Rights and Privacy Act (FERPA).

SUNY Ulster is in compliance with the Drug Free Schools and Communities Act (DFSCA), which requires colleges and universities to adopt and enforce policies that include sanctions for illegal alcohol and other drug use and to provide students and employees with appropriate information and services to back up those policies. SUNY Ulster maintains a written policy that sets forth standards of conduct clearly prohibiting the unlawful possession, use, or distribution of alcohol or illicit drugs on College property or as part of any College activity. This policy clearly states that sanctions apply to employee and student acts committed while under the influence, such as public disturbances, endangerment to self or others, or property damage.

An exception to these policies is the legitimate use of drugs and/or alcohol as part of the curriculum of the Police Basic Training program.

Domestic Violence

Amendments to the New York State Education law requiring all colleges to provide information and guidance to incoming students became effective in April 2009. Amendment 6431 requires the establishment of an advisory committee on campus security. Amendment 6432 requires colleges to inform incoming students about sexual assault, domestic violence and stalking prevention measures on campus. SUNY Ulster is in full compliance with these requirements.

Firearms or Weapons Possession

Possession by anyone upon any premises to which the College’s rules apply, of any rifle, shotgun, pistol, revolver, or any other weapon, device, or knife as defined in New York State Penal Law Section 265.00 as it may be amended from time to time, or any successor statute, any air-gun, spring-gun, or other instrument or weapon in which the propelling force is a spring, air, piston, or carbon dioxide cartridge without the written authorization of the Chief Administrative Officer, or his or her designee, whether or not a license to possess the same has been issued to such person, is strictly prohibited. Nothing herein shall prohibit such possession within the course of employment of employees of the Ulster County Sheriff’s Department, New York State Police, or a federal, State, or local law enforcement agency nor any peace officer as defined in New York State Criminal Procedure Law.

Fraud

Fraud or other criminal misconduct, such as the use of false identities, forgery of signatures or certifications; and false claims of income, citizenship, or independent student status in applying for financial aid, will result in disciplinary actions being applied and, in the case of fraud involving financial aid, a demand for repayment of funds dispensed.

Gambling

Gambling is expressly forbidden at the College. Any gambling, either actual or apparent, will not be permitted.

Harassment and Assault

Physical or verbal harassment of any kind because of sex, sexual orientation, race, color, national origin, religion, age, or physical challenge, as well as violent assault, particularly sexual assault or bias-related assault, is strictly prohibited. Under this policy, any hazing of students is also strictly prohibited.

Smoking

Smoking of cigarettes and other tobacco products is prohibited campus wide, both inside and outside in accordance with Ulster County Local Law #9. The sale or distribution of smoking products on the campus is also prohibited. Students and College employees who fail to comply with this policy will be subject to appropriate disciplinary action.

In any case where violation of any of the College’s rules does not cease after such warning or in cases of willful violations of these rules, the Chief Administrative Officer of the College or the Chief Administrative Officer’s designee shall have the violator removed from any premises which are occupied in such violation and shall initiate disciplinary action as provided in those documents or statutes previously cited. Disciplinary action, excluding those penalties determined in a legally constituted court of law, may be any of the following:

Individuals or organizations violating the provisions of this policy shall be subject to one or more of the following penalties:

Admonition-An oral statement to the offender that the offender has violated College regulations.

Warning-Notice to the offender, orally or in writing, that continuation or repetition of the conduct found wrongful within a period of time stated in the warning may be cause for more severe disciplinary action.

Censure-Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any College regulation within a period of time stated in the letter of reprimand.

Disciplinary Probation-Exclusion from participation in privileges or extra-curricular College activities as set forth in the notice of disciplinary probation for a specified period of time.

Restitution-Reimbursement for damage to, or misappropriation of, property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages. Such restitution will also take into account the rights of any victims of the actions of the offender.

Suspension-Exclusion from the College and other privileges or activities as set forth in the notice of suspension for a definite period of time.

Expulsion-Termination of the status of the offender for an indefinite period of time. The conditions of readmission, or reemployment, if any is permitted, shall be stated in the order of expulsion.

The Chief Administrative Officer or the Chief Administrative Officer’s designee may apply to public law enforcement authorities for any aid deemed necessary in causing the ejection of any violator of these rules and may include a request that the legal counsel of the College apply to any court of appropriate jurisdiction for an injunction or other legal action as may be deemed appropriate or necessary to restrain the violation or threatened violation of this statement or those rules and regulations referred to herein.

The Board of Trustees affirms and upholds the right of freedom of speech and peaceful assembly and hereby affirms the right of each and every individual referred to herein to be afforded the due process of law as set forth in the Constitution of the United States, New York State, and all statutory law.

Harassment and Assault Policy

An essential part of SUNY Ulster’s Equal Opportunity policy is to maintain an environment in which employees and students are able to work and learn without physical or verbal harassment of any kind because of sex, sexual preference, race, color, national origin, religion, age, or physical challenge, and free from any violent assault, particularly sexual assault or bias-related assault.

The emphasis of this policy is on prevention. The College will distribute appropriate literature and present workshops and programs to develop an awareness of this policy statement and sensitivity to these issues.

Anti-Bullying

Policy Bullying can foster a climate of fear and disrespect which seriously impairs the physical and psychological health of its victims and creates conditions that negatively affect any learning and working environment. Ulster County Community College (“College”) is committed to maintaining high standards for behavior where every member of the College community conducts himself/herself in a manner which demonstrates proper regard for the rights and welfare of others. This Anti-Bullying Policy, therefore, seeks to educate the College community about bullying, and to promote civility and respect among all its members, including the College’s trustees, administration, faculty, staff, students, contractors, consultants and vendors.

1. Bullying is defined as the aggressive and hostile acts of an individual or group of individuals which are intended to humiliate, mentally or physically injure or intimidate, and/or control another individual or group of individuals.
2. Such aggressive and hostile acts can occur as a single, severe incident or repeated incidents, and may manifest in the following forms:
   1. Physical Bullying includes pushing, shoving, kicking, poking, and/or tripping another; assaulting or threatening a physical assault; damaging a person’s work area or personal property; and/or damaging or destroying a person’s work product.
   2. Verbal/Written Bullying includes ridiculing, insulting or maligning a person, either verbally or in writing; addressing abusive, threatening, derogatory or offensive remarks to a person; and/or attempting to exploit an individual’s known intellectual or physical vulnerabilities.
   3. Nonverbal Bullying includes directing threatening gestures toward a person or invading personal space after being asked to move or step away.
   4. Cyberbullying is defined as bullying an individual using any electronic form, including, but not limited to, the Internet, interactive and digital technologies, or mobile phones.

1. Bullying is strictly prohibited on any College property; at any College function, event or activity; or through the use of any electronic or digital technology, whether or not such use occurs on College property.
2. This policy shall apply to all College trustees, administration, faculty, staff, students, contractors, consultants and vendors.
3. Any case of bullying suspected to be of a criminal nature shall be referred to local law enforcement authorities.

Bullying shall not include circumstances wherein:

1. A supervisor or any person with supervisory authority reports and/or documents an employee’s unsatisfactory job performance and the potential consequences for such performance;
2. A faculty member or academic program personnel advise a student of unsatisfactory academic work and the potential for course failure or dismissal from the program; or
3. A faculty member or academic program personnel advise a student of inappropriate behavior that may result in disciplinary proceedings.

1. Reporting bullying by students:
   1. Complaints alleging students bullying other students, employees, contractors, consultants or vendors should be reported immediately to the Office of Safety and Security.
   2. Any such complaints will be forwarded to the College’s Associate Dean of Student Services for investigation, in accordance with the procedures set forth in the Student Code of Conduct and Student Conduct Process.
2. Reporting bullying by employees:
   1. Complaints alleging College employees bullying other employees, students, contractors, consultants or vendors, should be reported immediately to the Office of Safety and Security, which will then refer the report to the Dean of Administration.
   2. In accordance with College policy, the Dean of Administration will review the complaint, conduct an investigation and recommend any appropriate disciplinary action.
   3. Complaints concerning the Office of Safety and Security, the Dean of Administration or employees within the reporting line of the Dean of Administration should be directed to the President of the College. In accordance with the College policy, the President will review the complaint, conduct an investigation and recommend any appropriate disciplinary action.
3. Complaints involving bullying by persons not identified in subparagraphs (1) and (2), herein, should be reported to the College Attorney.
4. Any inquiries regarding reporting alleged violations of this policy should be directed to the College Attorney.

Violations of this policy shall be considered misconduct, and violators will be subject to disciplinary action in accordance with College policy, the applicable collective bargaining agreements, and the Student Code of Conduct and Student Conduct Process.

This policy shall be disseminated through inclusion in the Faculty Handbook and in other employee materials, the Student Handbook, College Catalog, on the College’s website and through periodic training sessions to the campus community.

Sexual Harassment Policy and Complaint Procedure

This section excerpts portions of the College’s Sexual Harassment Prevention Policies and Procedures. For a complete and updated description, please stop by VAN 119 or visit the Human Resources tab or the Student Resources tab on the College’s portal: my.sunyulster.edu.

It is the policy of SUNY Ulster to promote a cooperative work and academic environment in which there exists mutual respect for all College students, faculty, and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the College policy of equal employment and academic opportunity. Sexual harassment is illegal under federal, State, and local laws, and will not be tolerated within the College.

SUNY Ulster disseminates this policy and takes other steps to educate the College community about sexual harassment. The College has established procedures to ensure that investigations of allegations of sexual harassment are conducted in a manner that is prompt, fair, thorough, and as confidential as possible under the circumstances, and that appropriate corrective and/or disciplinary action is taken as warranted by the circumstances when sexual harassment is determined to have occurred.

Members of the College community who believe themselves to be aggrieved under this policy are strongly encouraged to report the allegations of sexual harassment as promptly as possible. Delay in making a complaint of sexual harassment may make it more difficult for the College to investigate the allegations. All members of the College community are required to cooperate in any investigation of a sexual harassment complaint.

Prohibited Conduct

It is a violation of College policy for any member of the College community to engage in sexual harassment or to retaliate against any member of the College community for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.

Sexual harassment of employees and students as defined below is contrary to SUNY Ulster policy and is a violation of federal and State laws and regulations. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing;
2. Submission to or rejection of such conduct by an individual is used as a basis for employment or education decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or educational environment.

Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between faculty/staff member and student, supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between students or co-workers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). It may also occur between the College’s faculty, staff, or students and third-party vendors. A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.

Examples of Sexual Harassment

Sexual harassment may take different forms. Using a person’s response to a request for sexual favors as a basis for an academic or employment decision is one form of sexual harassment. Examples of this type of sexual harassment (known as quid pro quo harassment) include, but are not limited to, the following:

• requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);
• submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity because sexual advances have been rejected.

Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the recipient does find, and a reasonable person would find, that an intimidating, hostile, or abusive work or academic environment has been created. Examples of this kind of sexual harassment (known as hostile environment harassment) include, but are not limited to, the following:

• sexual comments, teasing, or jokes;
• sexual slurs, demeaning epithets, derogatory statements, or other verbal abuse;
• graphic or sexually suggestive comments about an individual’s attire or body;
• inquiries or discussions about sexual activities;
• pressure to accept social invitations, to meet privately, to date, or to have sexual relations;
• sexually suggestive letters or other written materials;
• sexual touching, brushing up against another in a sexual manner, graphic or sexually suggestive gestures, cornering, pinching, grabbing, kissing, or fondling;
• sexual violence. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.
• gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Complaint Procedure

Because of the sensitive nature of situations involving sexual harassment, the College will follow a flexible system for complaints to ensure the protection of the right to privacy of the complainant. Employees or students who believe they are being sexually harassed, and College officials who receive reports of sexual harassment should contact the Affirmative Action Officer, who is the Vice President and Dean of Enrollment Management, located in Vanderlyn Hall, VAN 119, 845: 687-5070. In the event an informal or formal complaint is filed against the Vice President, the complainant will report the complaint to the Executive Assistant to the President, who will conduct an investigation, consult with the College attorney, and report the findings to the President.

The informal complaint resolution process will not be used to resolve sexual assault complaints. Grievances must be brought within 60 calendar days of the last incident or within 60 days of the receipt of a final grade.

If a complaint is substantiated, appropriate and strong action will be taken in accordance with the existing Board of Trustees policies. While the procedure does not negate the existing Complaint Procedure Policy, the Affirmative Action Complaint Procedure, or contractual grievance procedures, the complainant must elect a single on-campus procedure in an attempt to resolve the complaint. Nothing in the policy should be construed as in any way limiting students’ or employees’ rights to file a complaint with the New York State Division of Human Rights, the U.S. Department of Education Office for Civil Rights, or the U. S. Equal Employment Opportunity Commission, or to take any legal action which they may deem advisable.

A faculty member, administrator, staff member, student, member of the public, or applicant for employment may not be subject to restraint, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a sexual harassment matter, to file a sexual harassment complaint, or to serve as a witness or a panel member in the investigation of a sexual harassment complaint.

False and Malicious Accusations

Members of the College community who make false and malicious complaints of sexual harassment, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.

Enforcement

There is a range of corrective actions and penalties available to the College for violations of this policy. Students, faculty, or staff who are found, following applicable disciplinary proceedings, to have violated this policy are subject to various penalties, including termination of employment and permanent dismissal from the College.

Assault

Although any act of assault constitutes a criminal act and although any act of assault is prohibited by the College’s policy on Maintenance of Order, with this policy the College affirms its commitment to prevention of assault on campus, particularly sexual assault or bias-related assault, and confirms its commitment to making its students and employees aware of the legal consequences of such acts. Within this policy, sexual assault is used as a general term to encompass acts which would constitute sexual crimes, offenses, or violations under the New York State Penal Law.

New students and employees will be informed of any violent crimes or sexual assaults occurring on the campus within a year of their admission to the College or their hiring. Any assault or act of violence should be reported immediately to Campus Public Safety (ext. 5221). Campus Public Safety is trained and equipped to handle such situations, or may contact the appropriate law enforcement agency for assistance. They will also notify the appropriate College authorities and obtain the assistance of College Health Services and counseling services for the victim.

Possible disciplinary actions, excluding those penalties determined in a legally constituted court of law, are detailed in the College’s Maintenance of Order policy.

Prohibited Conduct

No person, either singly or in concert with others, shall

1. Willfully cause physical injury to any person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any action which he or she has a lawful right to do or to do any act which he or she has a lawful right not to do.
2. Physically restrain or detain any other person nor remove such person from any place where the person is authorized to remain.
3. Willfully damage or destroy property of the institution or under its jurisdiction nor remove or use such property without authorization.
4. Without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty, or staff member.
5. Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.
6. Without authorization, remain in any building or facility after it is normally closed.
7. Refuse to leave any building or facility after being required to do so by an authorized administrative officer.
8. Obstruct the free movement of persons and vehicles in any place to which these rules apply.
9. Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express his or her views, including invited speakers.
10. Knowingly have in his or her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the Chief Administrative Officer, whether or not a license to possess the same has been issued to such person.
11. Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.
12. Take any action or create or participate in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into, or affiliation with, any organization.

In any case where violation of these rules does not cease after such warnings, or in cases of willful violation of these rules, the Chief Administrative Officer of the College or his or her designee shall have the violator removed from any premises which he or she occupies in such violation and shall initiate disciplinary action as provided in those documents or statutes previously cited. Disciplinary action excluding those penalties determined in a legally constituted court of law may be any of the actions described in the Maintenance of Order Policy.

The Chief Administrative Officer or his or her designee may apply to public law enforcement authorities for any aid deemed necessary in causing the ejection of any violator of these rules and may include a request that the legal counsel of the College apply to any court of appropriate jurisdiction for an injunction or other legal action as may be deemed appropriate or necessary to restrain the violation or threatened violation of this statement or those rules and regulations referred to herein.

The Board of Trustees affirms and upholds the right of freedom of speech and peaceful assembly and hereby affirms the right of each and every individual referred to herein to be afforded the due process of law as set forth in the Constitution of the United States, New York State Constitution, and all statutory law. It is understood by the Board of Trustees of SUNY Ulster that this statement in its entirety or in part may be amended or revised at any time that fuller consideration and experience may dictate or require, and that the filing of any such amendments to this statement in its entirety or in part must be filed within ten days after the adoption of such changes.

Code of Conduct

Due Process Hearing and Appeals Procedures for Students

1. Reporting Misconduct
   Charges for violations of the student code may be initiated by a campus community member (faculty, student, staff, and administrator) or by an on-campus visitor.
   1. Retaliation against the person reporting the violation is strictly forbidden and will result in disciplinary action.
   2. Code violations (except charges of sexual harassment) are to be filed in writing within the semester of occurrence with the Associate Dean of Student Services, hereafter referred to as the Associate Dean, or designee, who will review the complaint and make a determination whether to proceed with disciplinary action. If the determination is to proceed, the Associate Dean will notify the student in writing of the charges within 7 and no more than 21 days from the original complaint. Sexual harassment complaints should be made to the Affirmative Action Officer within the reporting time limits contained in the Sexual Harassment Policy and Complaint Procedure.
2. Student Due Process Hearing
   The Associate Dean will convene a hearing with the student.
   1. The student shall have the right to plead his or her innocence and to present evidence or witnesses to that end.
   2. The student shall have the right to seek the assistance of another student, faculty, or staff member in the representation of his or her defense. A student may not be represented by legal counsel.
   3. The Associate Dean will render a verbal decision at the hearing or a written decision no later than five days thereafter.
   4. Warnings, if issued, will stipulate specific beginning and ending dates.
3. Sanctions
   Sanctions may include, but are not limited to, oral and written warnings, probation, probation with a limitation of college activities, restitution, community service, suspension, and dismissal.
4. Appeals
   In those cases where the Associate Dean renders a formal disciplinary decision, the student shall have the right to appeal the decision of the Associate Dean to the Vice President of the College or the Vice President’s designee. All such appeals must be in writing and filed within five business days of the notification of action- that is, warning, probation, suspension, dismissal or other sanction. In those cases where a designee of the Associate Dean has rendered a decision, appeals will be filed in writing to the Associate Dean within five business days of the action. All appeals will receive a response within ten business days. The decision of the Vice President, Associate Dean, or designee shall be final. The student shall not have the right of an in-person appeal.
5. Expedient Authority
   1. Interim suspension: In the event a behavior represents, in the judgment of the Associate Dean, a danger to the campus community, the Associate Dean may suspend a student and declare the student persona non grata from the campus pending the convening of the Student Due Process Hearing. In all cases the student will be entitled to a hearing.
   2. Removal from class: Should a faculty member determine that a student’s behavior in a particular class is disruptive, such that the normal purpose of the class cannot be fulfilled, then the faculty member may direct that the student leave the class. Should the student refuse the directive to leave, the faculty member may call Security to have the student removed from class. At the conclusion of the class, the faculty member will file a written report with the Associate Dean, who will schedule a meeting with the student. The student may not return to class until he or she has met with the Associate Dean. Should mediation not be successful, the Associate Dean will initiate a Student Due Process Hearing as appropriate to the circumstances.
6. Off-Campus Jurisdiction
   Violations of local, State, or federal laws, if committed off campus, shall be the subject of College disciplinary action when, in the judgment of the Associate Dean, it represents a danger to life, welfare, or property of members of the College community. The Associate Dean may choose to impose an interim suspension and a declaration of persona non grata pending the outcome of criminal process; however, the student shall be provided the opportunity for a Student Due Process Hearing subsequent to the finalization of the criminal process or, at the election of the student, during the pendency of the criminal matter. Campus Notification Regarding Registered Sex Offenders
   
   In the interest of safety and security for all campus community members, SUNY Ulster is required to notify students and the campus community about any registered sex offenders who register or intend to attend classes here. This requirement is covered under the following legislation: the federal Campus Sex Crimes Prevention Act, the Campus Security Act of 1990, and the Sex Offender Registration Act

SUNY Ulster’s Department of Public Safety is notified by the NYS Division of Criminal Justice Services when such individuals are enrolled or employed by the campus. Other agencies may also notify the College regarding sex offender issues. Once such notification is received, a committee of senior administrators is convened to assess the specific circumstances of the notification, review the matter with the College Attorney, and communicate information to the campus community or administrative personnel as appropriate.

If you have questions on this matter, please contact the Director of Public Safety at (845)687-5053. Please be aware that SUNY Ulster does not release names of sex offenders except to appropriate administrative personnel. Other information, including determining whether a specific person is registered, can be obtained at the following sites:

Ulster County Sheriff’s Department, 845: 340-3802

NYS Division of Criminal Justice Services, http://criminaljustice.state.ny.us/nsor/index.htm

Sex Offender Registry Information Line ($.50 fee), 1-900-288-3838

Please be aware that to determine whether an individual is on the list, you will need to have his or her name and at least one of the following identifiers: street address, driver’s license number, social security number, or birth date.

Family Educational Rights and Privacy Act (FERPA)

Federal law prohibits release of a transcript to a third party. FERPA is designed to protect the privacy of education records, to establish the rights of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Protection and Regulations Office in Washington, D.C., concerning alleged failures by the College to comply with the act.

Copies of SUNY Ulster’s complete policy statement regarding FERPA are available in the Registrar’s Office, VAN 206. Questions concerning FERPA may be referred to the Registrar or the Associate Dean of Student Services, VAN 119.

The College is allowed to provide directory information to outside parties unless the student requests this information be restricted from disclosure. Directory information is as follows: name, address, telephone number, e-mail address, major field of study, dates of attendance, enrollment status, degrees and awards received, date and place of birth, most recent previous school attended, photographs, participation in officially recognized activities and sports, and height and weight of athletes.

Institutions are forbidden to designate student ID number, Social Security number, race, ethnicity, nationality, or gender as directory information.

FERPA applies to students who have reached the age of 18 or attend a post-secondary institution. If a student wishes a parent, guardian, or other individual to have access to educational records, he or she must go to the Registrar’s Office to fill out a release form, indicating to whom the permission is being granted and which offices are allowed to disclose the student’s information to that individual.

Solomon Amendment

The Solomon Amendment requires institutions to cooperate with the recruiting efforts of United States armed forces. SUNY Ulster is required by the federal government to provide the following information to the armed forces at the beginning of every fall and spring semester: name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, and most recent educational institution attended.