Student Code of Conduct and Title IX

General Conduct Rules and Regulations

General Conduct Rules and Regulations

The College conduct system, under the direction of the Vice President, Student Services, is composed of administrative hearing officers and the College Judicial Board. These bodies hear and/or review cases of misconduct. Cases involving academic grievances should follow the separate processes set forth within Academic Services.

Jurisdiction
Students at Monroe Community College are provided a copy of the Student Code of Conduct annually in the form of a link on the Monroe Community College website or in the College catalog. Hard copies are available upon request from the Office of Student Rights and Responsibilities. Students are responsible for having read and for abiding by the provisions of the Student Code of Conduct.

The Student Code of Conduct and the student conduct process apply to the conduct of individual students and all College-affiliated student organizations. For the purposes of student conduct, the College considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the College.

The College retains conduct jurisdiction over students who choose to withdraw or have graduated for any misconduct that occurred prior to the withdrawal or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll, obtain transcripts and/or graduate. All sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the Accused Student has graduated, the College may invoke these procedures and should the former student be found responsible, the College may revoke that student’s degree.

Campus judicial action for an alleged violation of the Student Code of Conduct will not be delayed due to the pending nature of any related criminal charges.

The Student Code of Conduct applies to behaviors that take place on the campus, at College-sponsored events and may also apply off-campus when the Vice President of Student Services or designee determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include:

    · Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of themselves or others; and/or
    · Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and or
    · Any situation that is detrimental to the educational mission and/or interests of the College.

The Student Code of Conduct may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to the allegations of conduct violations if evidence of policy violations is posted online. The College does not regularly search for this information but may take action if and when such information is brought to the attention of College officials. Most online speech by students not involving College networks or technology will be protected as free expression and not subject to this Code, with two notable exceptions:
    · A true threat, defined as “a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals”;
    · Speech posted online about the College or its community members that causes a significant on-campus disruption.

The Student Code of Conduct applies to guests of college community members, whose hosts may be held accountable for the misconduct of their guests, including residential students, and students in partnership programs that occur on Monroe Community College owned and operated property. Visitors to and guests of Monroe Community College may seek resolution of violations of the Student Code of Conduct committed against them by members of the Monroe Community College community for incidents occurring on Monroe Community College owned and operated property. Certain College departments, facilities, academic programs, student organizations, or clinical or other off-campus assignment sites have behavioral guidelines and related policies and procedures that apply to students. For further information, contact the Office of the Vice President, Student Services.

Monroe Community College considers MCC’s student email system as an official means of communication. Students are responsible for all communication from Monroe Community College delivered to their Monroe Community College email. The College will consider students to be informed and in receipt of communication sent via student email.

Violations of the law
Alleged violations of federal, state and local laws may be investigated and addressed under the Student Code of Conduct. When an offense occurs over which the College has jurisdiction, the College conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.

The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint (additional grounds for interim suspension are outlined on page 30). Interim suspensions are imposed until a hearing can be held, typically within two weeks. Within that timeframe, the suspended student may request an immediate hearing from the Vice President, Student Services, or designee, to show cause why the interim suspension should be lifted. This hearing may resolve the allegation, or may be held to determine if the interim suspension should be continued. The interim suspension may be continued if a danger to the community is posed and the College may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the College will only delay a hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed.

Students accused of crimes may request to withdraw from the College until the criminal charges are resolved. In such situations, the College procedure for voluntary withdrawal is subject to the following conditions:
    · The responding student must comply with all campus investigative efforts that will not prejudice their defense in the criminal trial; and
    · The responding student must comply with all interim actions and/or restrictions imposed during the leave of absence; and
    · The responding student must agree that, in order to be reinstated to active student status, they must first be subject to, and fully cooperate with, the campus conduct process and must comply with all sanctions that are imposed.

It is the obligation of every student to notify the Office of Student Rights and Responsibilities of any felony or misdemeanor arrests occurring at any time after the student makes any type of payment towards courses at the College and or attends class, through graduation or separation from the institution, regardless of geographic location of the arrest or specific crime alleged. Failure to do so may result in conduct charges by the College. The College may review the facts underlying the arrest to determine if there is a concomitant policy violation.

Evidence Standard
In all student disciplinary proceedings, the “preponderance of the evidence” standard of proof will be used. If the evidence presented meets this standard - in other words, if it is “more likely than not” that misconduct occurred - then a student must be found responsible. A student accused of misconduct is presumed “not responsible” until a finding of responsibility is made.



Definitions
Accused Student: A person accused of a violation who has not yet entered an Institution's judicial or conduct process.

Administrative Disposition: A resolution of a complaint, which is mutually agreed upon by the Conduct Officer and the Accused Student. An administrative disposition shall result in an Accused Student waiving their right to a Judicial Board hearing or appeal.

Appeals Officer: The College’s Vice President of Student Services or designee.

Conduct Officer: The College official charged with the responsibility of administering the College’s Student Code of Conduct.

College Property: Includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, including adjacent streets and sidewalks.

Complaint: An allegation of a violation of the Student Code of Conduct, which is filed with or by the conduct officer.

Day: As used in this policy, shall mean a calendar day. The number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the conduct officer may extend the time limits at their discretion with notice to both parties in writing.

Institution: Any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.

Judicial Board: Members of the College community approved by the College President to conduct a hearing when it has been determined by the conduct officer that a violation of the Student Code of Conduct has occurred. Members of the Judicial Board shall act in a fair and impartial manner.

Student: Includes all persons taking courses at the College, both full time and part time, credit and non-credit. Persons who are not officially enrolled for a particular term, but who have a continuing academic relationship with the College, are considered “students.” This includes persons who withdraw while an investigation of an alleged violation is pending and/or prior to completion of the adjudication process. It also includes persons who are enrolled in pre-collegiate programs, co-sponsored partnerships, and other re-occurring programs. The “continuing academic relationship” exists until an individual is not consecutively enrolled for two semesters (not including summer or intersession), at which point they are required to re-enroll at the College.


General Conduct Rules and Regulations
In an instance of a violation, the President or their designee has the authority to make a determination and impose a sanction. Unless otherwise noted, the student has the right to appeal a given sanction. The Vice President, Student Services, with authority from the President, appoints a Director of Student Rights and Responsibilities to oversee and manage the student conduct process. The Vice President, Student Services and Director, Student Rights and Responsibilities, may appoint administrative hearing officers, campus judicial board members, and hearing appeal officers, as deemed necessary to efficiently and effectively supervise the student conduct process.

Application of College disciplinary procedures regarding any of the following subsections will not preclude criminal or civil prosecution by any party having a legal right to prosecute. The President, under authority delegated by the Board of Trustees, is empowered to request police assistance from local, state, and federal agencies. The President may also make the decision to initiate injunction proceedings when deemed necessary.

Gatekeeping
No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or victim statement. A complaint wholly unsupported by any credible information will not be forwarded to a hearing.

Rules
Monroe Community College prohibits the following behavior:
    1. Alcohol
        a. The use, sale, transfer, or possession of alcoholic beverages on College premises
        b. Knowingly being in the presence or possession of alcoholic beverages or empty alcohol containers on College premises
        c. Disruptive behavior exhibited as a result of alcohol use, whether the use was on or off campus
    2. Amplification - use of amplification/audiovisual equipment and/or interference with any public, office, library, classroom, or other College function in any of the reservation facilities without prior approval from the Campus Events Office
    3. Animals
        a. Possession or accompaniment of animals in any campus building at any time - exceptions include laboratory animals, service/comfort animals as defined and recognized through the Services for Students with Disabilities Office, and the Housing and Residence Life pet policy guidelines for professional staff
        b. Improper handling or behavior of a service or comfort animal
        c. Failure to clean up after a service or comfort animal
    4. Arrest – Failure of any student to accurately report an off-campus arrest by any law enforcement agency for any crime (including non-custodial or field arrests) to the Office of Student Rights and Responsibilities within 72 hours of release.
    5. Assault
        a. Non-physical violence or abuse, including verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person
        b. Actual or attempted slapping, kicking, shoving, or otherwise striking another person
    6. Attempt - attempting to engage in conduct which, if completed, would result in the violation of any rule applicable to the College
    7. College grounds
        a. Use of College space and grounds by an organization or person without reservation of the space or proper authorization
        b. Operation of bicycles, skateboards, rollerblades, or other recreational items in a reckless or unsafe manner on College grounds
        c. Storage of bicycles, skateboards, rollerblades, or other recreational items within any College building or facility without appropriate authorization
    8. Complicity - the aiding, assisting, or abetting any person or persons in any action or conduct stated to be prohibited
    9. Computer and technology use
        a. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose
        b. Use of another individual’s identification and/or password, or revealing the password to anyone, including faculty and staff
        c. Use of computing facilities and resources to:
            i. interfere with the work of another student, faculty, or College official
            ii. send obscene, harassing, or abusive messages, or view lewd or pornographic materials
            iii. interfere with normal operation of the College computing system
            iv. violate copyright laws
            v. advertise or run a business or organization
        d. Any attempt to bypass accounting or security mechanisms, circumvent data-protection or system consistency schemes, or uncover security loopholes
        e. Use of technology or social media outlets to harass or bully an individual or organization
        f. Use of any device for listening to, observing, photographing, recording, amplifying, transmitting, or broadcasting sounds or events occurring in any place where the individual/group has a reasonable expectation of being free from unwanted surveillance, eavesdropping, or recording, including the use of Unmanned Aerial Devices (UAV), Recreational Aerial Vehicles (RAV) and drones.
    10. Demonstrations
        a. Participation in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt schedules and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement
        b. Providing or dispensing of materials that could lead to harm or injury to a person, including, but not limited to, self-defense spray, objects that can be thrown, objects that can be used to deface property, etc.
    11. Destruction of property
        a. Destroying, defacing, materially altering, or otherwise damaging property not their own. This includes, but is not limited to, doors, windows, swipe card mechanisms, restroom equipment, vending machine equipment, College transportation equipment, etc.
        b. Creating a condition which endangers or threatens property not their own
    12. Discrimination - unfair treatment of a person or group based on race, color, religion, sex, sexual orientation, familial status, gender identity or expression, age, genetic information, national or ethnic origin, physical or mental disability, marital or veteran status, domestic violence victim status, and/or criminal conviction.
    13. Dishonesty
        a. Repeated violation of the Academic Honesty Policy or other incidents of dishonesty that involve complicity on a large scale (see also Academic Honesty Policy, Student Handbook)
        b. Furnishing false information to any College official, faculty member, employee, or office
        c. Forgery, alteration, or misuse of any instrument of identification, including, but not limited to, driver’s licenses, passports, MCC ID cards, etc.
        d. Use or attempted use of counterfeit money
        e. Forgery, alteration, falsification, or misuse of any College or official document, supplies, or record, including, but not limited to:
            i. Submission of a falsified universal grade change form to the College
            ii. Submission of false grade information of any sort to a College office or department, employer, academic institution, etc.
            iii. Altering any academic coursework and/or examinations so as to unjustly affect the grade awarded to that assignment
            iv. Knowingly falsifying application information
    14. Disorderly conduct
        a. Conduct that is disorderly, lewd, or indecent, or causes a breach of the peace
        b. Aiding, abetting, or procuring another person to breach the peace on College premises, or at functions sponsored or participated in by the College
    15. Disruption - the obstruction or disruption of any College function, class, or activity; general disruption that results in Public Safety or other public servant/faculty/staff response or intervention, both on and off campus
    16. Election tampering - tampering with the election process of any College-recognized student organization
    17. Failure to comply - the refusal to obey any reasonable or lawful request, order, or directive of a College Public Safety officer, faculty member, administrator, or any other identified representative of the College
    18. Fire and Safety
        a. Tampering with, misuse of, or negligent activation of fire alarms and firefighting equipment, including, but not limited to, fire extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, etc.
        b. Causing a fire or explosion or unauthorized use of any potential incendiary device or equipment
        c. Tampering with, or misuse of, or rendering useless any elevator device or systems
        d. Failure to exit the building during a fire alarm or drill, except as authorized in a documented safety plan
        e. Use of elevators during a fire alarm or drill
        f. Possession and/or use of any equipment or materials that is/are determined to be a fire or safety hazard, including but not limited to:
            i. Any device with an open flame (candles, Bunsen burners, etc.)
            ii. Combustible/flammable liquids (butane, gasoline, etc.)
            iii. Hoverboards, motorized self-balancing or hands-free scooters
            iv. Explosives, or any other hazardous materials including sparklers and fireworks
            v. In the residence halls, non-UL approved appliances or appliances/items that are on the prohibited items list on the Housing and Residence Life website
        g. Storage of any motor vehicle or internal combustion machine within any College building
    19. Gambling – Money and/or other valuables being exchanged or wagered
    20. Harassment – unwelcome verbal, non-verbal, or physical conduct, based on race, color, religion, sex, sexual orientation, familial status, gender identity or expression, age, genetic information, national or ethnic origin, physical or mental disability, marital or veteran status, domestic violence victim status, and/or criminal conviction, that is sufficiently persistent or pervasive such that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.
    21. Hazing - any act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization
    22. Judicial system - abuse of the disciplinary process, including, but not limited to:
        a. Failure to obey a summons of a judicial body or College official
        b. Falsification, distortion, or misrepresentation of information
        c. Disruption or interference with the orderly conduct of a judicial proceeding
        d. Attempting to discourage an individual’s proper participation in, or use of, the judicial system
        e. Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding
        f. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding
        g. Failure to comply with the sanctions imposed under the Student Code of Conduct
        h. Influencing or attempting to influence another person to commit an abuse of the judicial system
    23. Keys/ID access
        a. Unauthorized possession, duplication, or use of keys or IDs to any College premises
        b. Unauthorized entry to, or use of, College premises
    24. Laws - any conduct which constitutes a violation of the laws of the United States, the State of New York, Monroe County, or any other civil jurisdiction
    25. Leaving the scene - attempting to flee or unlawfully leaving the area of an accident, crime, a College violation (and/or areas of potential accidents, crimes, or violations), or avoiding being apprehended or questioning by the College or other law enforcement agencies
    26. Publicity and Posting – distributing promotional material that is not approved by the Office of Campus Life and/or the Housing and Residence Life Office
    27. Retaliation – Adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying
    28. Rules - failure to abide by any of the College’s published policies, rules, and regulations, or any of the published policies of Housing and Residence Life
    29. Sexual Misconduct – Please refer to the above section called SUNY Definitions of Sexual Misconduct for definitions of the following:
        a. Sex discrimination
        b. Sexual harassment
        c. Sexual assault I
        d. Sexual assault II
        e. Sexual exploitation
        f. Dating violence
        g. Domestic violence
        h. Stalking
        i. Public Exposure
    30. Smoking – Smoking and/or tobacco use is prohibited within the boundaries of College property, including all buildings, facilities, indoor and outdoor spaces, and grounds owned, rented or operated by the College. This includes, but is not limited to, parking lots, walkways, sidewalks, stairwells, College vehicles, residence halls, and private vehicles parked or operated on College property.
    31. Substances
        a. The use, sale, transfer, or possession of illegal substances and/or related paraphernalia on College premises
        b. Knowingly being in the presence of illegal substances
        c. Disruptive behavior exhibited as a result of substance use, whether the use was on or off campus
    32. Theft - using, taking, and/or possessing property or services that are knowingly not their own with intention to deprive the owner of their rights
    33. Traffic and Driving
        a. The obstruction of the free flow of pedestrian or vehicular traffic, or the free access to, or exit from, any part of the College premises
        b. Unsafe or unauthorized use of a motor vehicle on campus grounds, including operating a motor vehicle under the influence of alcohol or drugs
        c. Repeated failure to pay parking tickets and/or address traffic fines/citations
    34. Trespass/unauthorized entry - knowingly entering or remaining in a building, office, residence hall room, apartment, or any other College property at any time without permission or authorization
    35. Weapons
        a. Possession or use of any dangerous or deadly weapon or instrument on any College-owned or controlled property or at any College-sponsored or supervised function. For purposes of these guidelines, a “dangerous or deadly weapon or instrument” includes but is not limited to any: firearm, shotgun, rifle, pistol, air rifle, BB gun, folding pocket knife, dirk, dagger, locking blade knife, switch blade knife, brass knuckles, blackjack, billy club, nun-chuck sticks, sling shot, taser, stun gun, shocker, razor blade, acid, metal pipe, sharpened wood or metal trap, or any other weapon, instrument or object designed or modified to inflict physical harm on another person or animal. In the interest of protecting students, College personnel, or campus visitors, the College retains discretion to determine what constitutes a dangerous or deadly weapon or instrument.
        b. The possession of any replica or “fake” copy of a weapon which can, to a reasonable person, seem real.

Monroe Community College prohibits the following behaviors in the residence halls (items 34 through 38). Please note that MCC student guests to the residence halls are responsible for following these policies when visiting as well:
    36. Guest/Visitation Policy
        a. Hosting a guest who does not comply with directives given by College officials or violates any Housing and Residence Life or College policy
        b. Failure to appropriately sign in a guest
        c. Hosting more than two guests at one time; collectively hosting more than 12 people in a suite at one time
        d. Unauthorized visitation of a guest for more than three nights in a two-week period
    37. Cleanliness - Failure to maintain a level of cleanliness in your residence hall room or suite or failure to rectify documented cleanliness issues within your suite.
    38. Quiet Hours – failure to act responsibly and not interfere with the rights, comfort, or safety of roommates, suitemates or other residents; creating excessive noise
    39. Solicitation – soliciting any sales, services, or products door to door in a residence hall; advertising or using the residence halls as a place of business
    40. Suite agreement – failure to abide by the agreement signed by the members of your suite

Go to Judicial Procedures for more information.
Go to Title IX Policies for Individuals Reporting Sexual Harassment and Misconduct for more information.