Academic Rights & Responsibilities

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 might negatively affect the student’s grade. Students missing class for religious reasons should inform the instructor prior to the absence and will be allowed to make up work assigned during the absence, consistent with the College’s religious observance policy.

Individual instructors determine class attendance policy and inform their students, in writing, about this policy at the beginning of the academic term.

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 to 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 policies regarding penalties for tardiness and/or early departure.
2. Students are responsible for complying with attendance requirements. Excessive absences contribute to poor student performance. When students are absent from class, they are responsible for any missed lecture material, assignments, and handouts. Instructors may have specific policies regarding academic penalties for excessive absences.
3. Students should come to class prepared. They should have the required textbooks and completed assignments, be prepared for exams and quizzes, and engage in active participation in class discussions where appropriate. Failure to prepare adequately not only puts students in jeopardy with regard to their successful course completion, but also affects the progress of the entire class. Instructors may have other specific policies regarding preparation for class.

Removal for Cause

1. Classroom behavior should not interfere with the learning process. Inappropriate behavior during class includes not being respectful of the instructor and other students.  Examples of unacceptable behavior include leaving one’s seat, carrying on non-course-related conversations, using a cell phone in class, having notifications sound, using foul language and/or violating any policy regarding harassment or bullying. Policies regarding drugs and alcohol, harassment and assault, and the carrying of weapons can be found in this Catalog, as well as the Student Handbook. Instructors have the right to have a student removed from class and to request a Withdraw for Cause, should they feel that a student’s actions continue to be disruptive following adequate warning and are in the opinion of the instructor in violation of the Code of Conduct in the Student Handbook.

Student Absence Due to Religious Beliefs

No person shall be refused admission as a student of the College, or expelled from or the College, for the reason that the student is unable to, because of religious beliefs, attend classes or 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 on that day.

                                                 
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 4 P.M. or on Saturday, similar or makeup classes, examinations, study, or work requirements shall be made available to students who are not able to attend due to religious beliefs, 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 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 at any time by the Assistant Dean for Student Services acting at her/his own behest or at the request of an instructor or other College official who asserts that the student’s behavior is in violation of the Code of Conduct in the Student Handbook. A student removed for cause is entitled to a hearing process described here.  If the removal is upheld by the hearing process and 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. A student may also be removed from class by the Vice President of Administration if all financial obligations are not satisfied.

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 without the permission of the second instructor. For example, a student who submits to a class a paper previously turned in to another class is in violation of academic honesty, unless the second
instructor has given permission. 

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. 

Disagreements between students and instructors are usually resolved on an informal basis. However, the College provides formal avenues to address instances where informal resolution of a disagreement is not possible. 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.

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

A. Informal Level

1. An instructor who suspects that academically dishonest behavior has transpired is expected to discuss his or her concerns with the student(s) in question within seven business days of becoming aware of the issue. The student and the instructor will
attempt to resolve the issue in a mutually acceptable manner.

2. If the student and teacher are unable to resolve the issue in a mutually acceptable manner, the student may contact the appropriate Department Chairperson within seven business days. A meeting will be set up among the student, instructor, and the appropriate Department Chairperson to discuss the perceived incident of academic dishonesty in an attempt to resolve the issue in a mutually acceptable manner. If the faculty member who suspects that academically dishonest behavior has transpired is the Department Chairperson, then the informal level will be bypassed and the process will move directly to the formal level.

B. Formal Level
1. If the issue remains unresolved after the student meets with the instructor and appropriate Department Chair, the student will contact the Vice President for Academic Affairs and Dean of Faculty and express their concerns within
seven business days of the meeting with the Department Chair. The instructor will then be asked to prepare a written statement detailing the perceived case of academic dishonesty within seven business days. The Vice President for Academic Affairs and Dean of Faculty will forward copies of the instructor’s written statement to the student, who will be required to respond in writing. The student must respond to the instructor’s statement within seven business days of receipt. Failure to do so will result in the forfeiture of the student’s right to contest the penalty imposed by the instructor. 

2. Upon receiving the students’ response the Vice President for Academic Affairs and Dean of Faculty will forward all documents to members of the Academic Honesty Review Committee. The Academic Honesty Review Committee will meet within seven
business days of receiving all written documents and review the documents. Only faculty who have no prior involvement with the student concerning this appeal may sit on the Academic Honesty Review Committee to review the evidence of this particular case.

3. The Academic Honesty Review Committee will be a standing committee consisting of three members, and an alternate, in addition to the chairperson. The Chairperson of the Academic Standards Committee will act as the Chairperson of Academic Honesty Review Committee and is a nonvoting member whose role is to facilitate the meeting. The three voting members of the committee will be drawn from the library and/or
teaching faculty. 

4. After reviewing the documents, the Academic Honesty Review Committee will invite the student and instructor to be present at a meeting, which will be held within seven business days of receipt of the documents to consider the issue addressed in the
written documents. 

The student and the faculty member may elect to have an ally of their choice present at the meeting. Allies will be limited to SUNY Ulster faculty, staff, and students. The allies are present to witness the meeting and provide moral support; they are expected to neither speak for, nor coach, the parties involved in the dispute.  

The Academic Honesty Review Committee’s written recommendation, along with all pertinent supporting material, will be forwarded to the Vice President for Academic Affairs. A member of the Academic Honesty Review Committee will be designated to deliver these documents and to be available to answer any questions that the Vice President for Academic Affairs may raise concerning the Committee’s recommendation. All members of the Academic Honesty Review Committee will receive a copy of the recommendation sent to the Vice President for Academic Affairs. 

The Vice President for Academic Affairs will review the Academic Honesty Review Committee’s recommendation along with the documents of the student and the faculty member. Within seven business days of receipt, the Vice President for Academic
Affairs will render a decision and report their findings in writing to the student, the faculty member, and the Department Chairperson. The Vice President for Academic Affairs will send copies of their final decision to the Academic Honesty Review
Committee, the student, the faculty member, and the Department Chairperson. The rendering of the decision by the Vice President for Academic Affairs is the final step in the Academic Honesty Review Process of the College.

The Vice President for Academic Affairs shall monitor the process and be the repository for proven allegations. A list of all reported acts of academic dishonesty which proceed to the formal level of resolution will be archived in the Vice President of Academic Affairs office. If the issue has been resolved informally the instructor may, at their discretion, report the act of academic dishonesty to the Vice President for Academic Affairs office for inclusion in the archived list of reported acts of academic dishonesty.

Sanctions for a first offense Academic Dishonesty Violation include:

• Repetition of 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 may result in dismissal from the College for a period of time not less than one calendar year.

SUNY Ulster’s Academic Honesty Policy may also be viewed in the SUNY Ulster Board of Trustees Policy Manual. 

Academic Appeals Procedure

Disagreements between students and instructors are usually resolved on an informal basis. However, the College provides formal avenues for appeals 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.

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.

A. Informal Level

1. The student who wishes to appeal a classroom situation or grade must take his or her appeal to the instructor within seven business days of the occurrence of the incident, or receipt of the disputed grade. The student and the instructor will
attempt to resolve the issue in a mutually acceptable manner.

2. If the student and instructor are unable to resolve the issue, the student will contact the appropriate Department Chairperson within seven business days. A meeting will be set up between the student, instructor, and the appropriate Department
Chairperson to discuss the appeal and attempt to resolve the issue in a mutually acceptable manner. If the faculty member who is involved directly with the classroom situation or grade is the Department Chairperson, then the informal level will be bypassed and the process will move directly to the formal level.

B. Formal Level

1. If the appeal remains unresolved after the student meets with the appropriate Department Chair, the student will contact the Vice President for Academic Affairs and Dean of Faculty concerning their appeal within seven business days
of the meeting with the Department Chair. The student will then be asked to prepare a written appeal within seven business days. The Vice President for Academic Affairs and Dean of Faculty will immediately forward copies of the student’s written appeal to the faculty member, who will respond in writing to the appeal. The faculty member must respond to the student’s appeal within seven business days of receipt. 

2. The Academic Appeals Committee will meet within seven business days of receiving all written documents and review the documents. The Academic Appeals Committee will be a subcommittee of the Academic Standards Committee and
consist of three members in addition to the chairperson. Two members will be tenured faculty and one may be non-tenured with a minimum of three years full-time teaching experience. 

3. After reviewing the documents, the Committee will invite the student, instructor, and Department Chairperson to be present at a meeting, which will be held within seven business days of receipt of the documents to consider the appeal addressed in the written documents. The student and the faculty member may elect to have an ally of their choice present at the meeting.

Allies will be limited to SUNY Ulster faculty, staff, and students. The allies are present to witness the meeting and provide moral support; they are expected to neither speak for, nor coach, the parties involved in the dispute. Only faculty who have no prior
involvement with the student or instructor concerning this appeal may sit on the Committee to review this particular appeal. The Chairperson of the Academic Appeals Committee is a nonvoting member who will facilitate the meeting.

The Committee’s written recommendation, along with all pertinent material, will be forwarded to the Vice President for Academic Affairs and Dean of Faculty. A member of the Committee will be designated to deliver these documents and to be available to answer any questions that the Vice President may raise concerning the Committee’s recommendation. All members of the Academic Appeals Committee will receive a copy of the recommendation sent to the Vice President.

The Vice President for Academic Affairs and Dean of Faculty will review the Committee’s recommendation along with the documents of the student and the faculty member. Within seven business days of receipt, the Vice President will render a
decision and report their findings in writing to the student, the faculty member, and the Department Chairperson. The Vice President for Academic Affairs and Dean of Faculty will send copies of their final decision to the Academic Appeals Committee, the student, the faculty member, and the Department Chairperson. The rendering of the decision by the Vice President for Academic Affairs and Dean of Faculty is the final step in the Academic Appeals Process of the College.

Code of Conduct

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 SUNY Ulster community (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 here, 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 here.

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

Maintenance of Order

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.

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, while 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 students and employees of their 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.

The SUNY Ulster Alcohol and Drugs Policy may also be viewed in the SUNY Ulster Board of Trustees Policy Manual.

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. SUNY Ulster is committed to maintaining high standards for behavior where every member of the College community conducts themselves in a manner which demonstrates proper regard for the rights and welfare of others. Therefore, this Anti-Bullying Policy 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
   2. Verbal/written, 
   3. Nonverbal, which  threatening gestures  or invading personal space after being asked to move or step away, and
   4. Cyber bullying, defined as bullying an individual using any electronic form.  , including, but not limited to, the Internet, interactive and digital technologies, or mobile phones.
3. 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.
4. Any case of bullying suspected to be of a criminal nature shall be referred to local law enforcement authorities.

The College’s complete Anti-Bullying policy, including how to report suspected cases of bullying, may be found in SUNY Ulster Board Policy Section Three. 

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

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.

Any assault or act of violence should be reported immediately to Campus Public Safety. 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.

Sexual Harassment Policy and Complaint Procedure

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.

This section excerpts portions of the College’s Sexual Harassment Prevention Policies and Procedures. The complete Board of Trustees Policy is available here and on the College Portal.

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.

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 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.

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;
• Sexual violence, which 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.

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. Detailed reporting procedures and methods of complaint resolution may be found on the College Portal. 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.

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.

Violations

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:

• 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.

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.

The SUNY Ulster Maintenance of Order Policy may also be found in the SUNY Ulster Board of Trustees Policy Manual Section Six..

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 Assistant Dean of Student Services, hereafter referred to as the Assistant 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 Assistant 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 Assistant 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 Assistant 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, and dismissal with a limitation of college activities, restitution, community service, suspension, and dismissal.

4. Appeals

In those cases where the Assistant Dean renders a formal disciplinary decision, the student shall have the right to appeal the decision of the Assistant Dean, the Vice President, 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 Assistant Dean has rendered a decision, appeals will be filed in writing to the Assistant Dean within five business days of the action. All appeals will receive a response within ten business days. The decision of the Vice President, Assistant, 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 Assistant Dean, a danger to the campus community, the Assistant 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 Assistant Dean, who will schedule a meeting with the student. The student may not return to class until he or she has met with the Assistant Dean. Should mediation not be successful, the Assistant 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 Assistant Dean, it represents a danger to life, welfare, or property of members of the College community. The Assistant 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.

7. 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. 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 from the following:

Ulster County Sheriff’s Department

NYS Division of Criminal Justice Services

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.

The SUNY Ulster Due Process and Hearing and Appeals Procedures for Students may also be viewed in the SUNY Ulster Board of Trustees Policy Manual here.

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. 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 from the following:

Ulster County Sheriff’s Department

NYS Division of Criminal Justice Services

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.

The SUNY Ulster Due Process and Hearing and Appeals Procedures for Students may also be found in the SUNY Ulster Board of Trustees Policy Manual Section Six.

Other Student Rights and Responsibilities

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 found in the SUNY Ulster Board of Trustees Policy Manual Section Three.

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 on the College Portal and in the Registrar’s Office. Questions concerning FERPA may be referred to the Registrar or the Assistant Dean of Student Services.

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 provide 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 complete a release form at the Registrar’s Office, indicating to whom the permission is being granted, and for how long.

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.