The Monroe Community College Student Code of Conduct enables all students to learn in an environment which promotes academic achievement by setting core principles, rules, and values. The Office of the Vice President of Student Services serves as the primary administrator of student conduct and has the responsibility of holding students accountable to the Monroe Community College Student Code of Conduct. All students who are enrolled at Monroe Community College agree to adhere to these policies and procedures.
In any organized group of people, it is essential to define the rights and responsibilities in that group. In defining the rights and responsibilities of individuals, Monroe Community College adheres to the 1967 Joint Statement on Rights and Freedoms of Students, the 1940 AAUP Statement on Principles of Academic Freedom, and subsequently approved Interpretive Comments (1970). Nothing contained herein shall be construed to be in conflict with the aforementioned documents. These rules are not intended to repeal, supersede, or preclude any other rules related to the same subject matter except to the extent that they are inconsistent therewith.
- Statements on Affirmative Action, Diversity, Civility, and Non-Discrimination
- SUNY Affirmative Action Statement
- Notice of Non-Discrimination
- MCC Diversity Statement
- MCC Civility Statement
- Students Rights and Responsibilities
- Code of Conduct Guidelines and Definitions
- Violations of the Law
- Evidence Standard
- General Conduct Rules and Regulations
- Judicial Proceedings
- Disciplinary Process
- Hearing Types
- Disciplinary Sanctions
- Interim Actions
- Appeals Process
- Transcript Notations and Records Release
- Transcript Notations
- Records Release Statement
- Sexual Misconduct Under NYS 129-B
- Non-Discrimination in Application
- Students' Bill of Rights
- Making a Report
- Confidential Reporting and Resources
- Private Reporting and Resources
- Criminal Complaints and Legal Proceedings
- Filing a Report
- Sexual Misconduct Under 129-B Procedure
- Supportive Measures
- Investigation Process
- Student Conduct Process
- Requesting Confidentiality
- Public Awareness/Advocacy Events
- Anonymous Disclosure
- Institutional Crime Reporting
Updates to the Student Code of Conduct may be made whenever necessary to comply with applicable law or policy and when the information presented here can be made clearer. It is the responsibility of all Monroe Community College students to become aware of and to remain familiar with campus policies and procedures. In the event of substantial mid-year revisions to the Student Code of Conduct, students will be alerted by a notice in the Student Tribune. Students can expect annual updates to the Student Code of Conduct prior to each academic year.
Printed copies of the Student Code of Conduct are available upon request at the Student Rights and Responsibilities Office, 1-300, or by emailing Student Rights.
Updated: 11/2016, 1/2017, 8/2017, 9/2017, 9/2018, 8/2019, 2/2020, 8/2020, 9/2022
Included in this statement of students rights and responsibilities are policies relating to affirmative action, non-discrimination, and diversity that are excerpted from the SUNY-wide policy governing community colleges that was implemented by the State University of New York (SUNY).
SUNY recognizes the importance of diversity for assuring the success of students and graduates in an increasingly global environment. We seek to establish the diversity that will provide all of our students with a learning environment to develop leaders and lifelong learners. Our efforts to attract a diverse student body will be enhanced by attracting diverse staff and administrators.
SUNY is committed to equal treatment in every aspect of hiring and employment. SUNY proactively reviews its policies and practices to assure that decisions with respect to every dimension of employment are made without regard to age, color of skin, disability, gender expression and identity, genetic predisposition, marital status, national origin, race, ethnicity, religion, sex, sexual orientation, veteran status, status as a victim of domestic violence, and all other protected groups and classes under federal and state laws and executive orders. We recognize, too, that achieving equal treatment may require proactive measures to offset obstacles and barriers faced by the groups for whom we seek inclusion. At SUNY, we are committed to the incorporation of proactive recruitment and retention practices as an integral part of the work of the Office of Inclusion, Diversity, Equity, and Accountability.
MCC is an academic community made up of individuals who reflect differences in color, culture, ethnicity, gender, nationality, physical ability, race, religion, sexual orientation, and skill.
As a community of global learners, we are proud to affirm and celebrate the rich diversity that exists among us. We believe acknowledging and celebrating our diversity is essential to maintaining academic freedom and inquiry. We maintain that valuing differences can teach us more about ourselves as human beings and provide us with creative energy that comes when we learn from each other.
Valuing diversity requires a willingness to respect and attempt to understand the full range of thought and feeling of others’ views. To achieve this dialogue, we strive to maintain open and unprejudiced minds; we suspend our final judgment and seek to enter into others’ views and knowledge. The MCC community supports learning and activities that enhance our knowledge, awareness, and appreciation of diversity.
We, the students, faculty, staff, and administration of Monroe Community College are committed to core values that include:
- Creating an environment of value and respect for each other;
- Promoting a community that encourages the tolerance of divergent opinions and constructive resolution of conflict;
- Exchanging ideas and enriching our lives through the exploration of our multi-faceted culture;
- Embracing responsibility, honesty, integrity, and courtesy;
- Respecting the dignity, rights, and freedoms of every community member;
- Respecting the intellectual and physical property of others; and
- Respecting College property, including both public and private spaces.
We, as a community of learners, are affirming these core values to guide our actions and behaviors.
Monroe Community College respects the dignity of each individual member of the College community. The College recognizes certain rights and responsibilities as integral to achieving opportunities for intellectual, cultural, social and personal growth, and the health and safety of every student. These rights include, but are not limited to:
- The opportunity to pursue higher education;
- Freedom to exercise the rights of citizenship, association, inquiry, and expression;
- Appropriate privacy and confidentiality;
- A safe academic environment;
- Voting representation on all recommendations to the President of the College on matters of academic policy, student affairs, and curriculum;
- The right to fair and equal treatment, instruction, evaluation, and services by faculty, staff, and students; and
- Procedural due process (specified below) in grievance and disciplinary hearings
Most importantly, students have the right to quality education. This includes, but is not limited to, the right to competent instruction in courses and programs; the right to assistance in overcoming educational, cultural, emotional, and economic disadvantages which hinder the educational process; and the right to receive, in writing from each faculty member during the first week of classes, a brief written course description, course requirements, attendance policy, and an explanation of the grading system to be utilized.
As a corollary to the aforementioned rights, students are expected to assume the following responsibilities:
- To be knowledgeable of, and comply with, the directives, regulations, and laws as established by the SUNY Board of Trustees and the College;
- To respect the rights of individuals and groups to independent action, as long as those rights do not interfere with the parallel rights of others - minorities and majorities alike; and
- To be knowledgeable of, and comply with the directives, regulations, and laws of duly constituted civil authorities.
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.
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 infringes 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 that 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.
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. 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 of 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.
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.
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 or Housing and Residence Life 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 business 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 Hearing 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.
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 of 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 of Student Services and Director of 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 or designee, under authority delegated by the Board of Trustees, is empowered to request police assistance from local, state, and federal agencies. The President, or designee, may also make the decision to initiate injunction proceedings when deemed necessary.
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.
Monroe Community College prohibits the following behavior:
- The use, sale, transfer, or possession of alcoholic beverages on College premises
- Knowingly being in the presence or possession of alcoholic beverages or empty alcohol containers on College premises
- Disruptive behavior exhibited as a result of alcohol use, whether the use was on or off campus
- 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
- Possession or accompaniment of animals in any campus building at any time - exceptions include laboratory animals, service/comfort animals as defined and recognized through Disability Services, and the Housing and Residence Life pet policy guidelines for professional staff
- Improper handling or behavior of a service or comfort animal
- Failure to clean up after a service or comfort animal
- 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
- 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
- Actual or attempted slapping, kicking, shoving, or otherwise striking another person
- Attempt: Attempting to engage in conduct which, if completed, would result in the violation of any rule applicable to the College
- College grounds
- Use of College space and grounds by an organization or person without reservation of the space or proper authorization
- Operation of bicycles, skateboards, rollerblades, or other recreational items in a reckless or unsafe manner on College grounds
- Storage of bicycles, skateboards, rollerblades, or other recreational items within any College building or facility without appropriate authorization
- Complicity: The aiding, assisting, or abetting any person or persons in any action or conduct stated to be prohibited
- Computer and Technology Use
- Unauthorized entry into a file to use, read, or change the contents, or for any other purpose
- Use of another individual’s identification and/or password, or revealing the password to anyone, including faculty and staff
- Use of computing facilities and resources to:
- Interfere with the work of another student, faculty, or College official
- Send obscene, harassing, or abusive messages, or view lewd or pornographic materials
- Interfere with normal operation of the College computing system
- Violate copyright laws
- Advertise or run a business or organization
- Any attempt to bypass accounting or security mechanisms, circumvent data-protection or system consistency schemes, or uncover security loopholes
- Use of technology or social media outlets to harass or bully an individual or organization
- 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
- 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
- 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.
- Destruction of Property
- 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.
- Creating a condition which endangers or threatens property not their own
- 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
- 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)
- Furnishing false information to any College official, faculty member, employee, or office
- Forgery, alteration, or misuse of any instrument of identification, including, but not limited to, driver’s licenses, passports, MCC ID cards, etc.
- Use or attempted use of counterfeit money
- Forgery, alteration, falsification, or misuse of any College or official document, supplies, or record, including, but not limited to:
- Submission of false grade information of any sort to a College office or department, employer, academic institution, etc.
- Altering any academic coursework and/or examinations so as to unjustly affect the grade awarded to that assignment
- Knowingly falsifying application information
- Disorderly Conduct
- Conduct that is disorderly, lewd, or indecent, or causes a breach of the peace
- Aiding, abetting, or procuring another person to breach the peace on College premises, or at functions sponsored or participated in by the College
- 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
- Election Tampering: Tampering with the election process of any College-recognized student organization
- 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
- Fire and Safety
- 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.
- Causing a fire or explosion or unauthorized use of any potential incendiary device or equipment
- Tampering with, or misuse of, or rendering useless any elevator device or systems
- Failure to exit the building during a fire alarm or drill, except as authorized in a documented safety plan
- Use of elevators during a fire alarm or drill
- 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:
- Any device with an open flame (candles, Bunsen burners, etc.)
- Combustible/flammable liquids (butane, gasoline, etc.)
- Hoverboards, motorized self-balancing or hands-free scooters
- Explosives, or any other hazardous materials including sparklers and fireworks
- 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
- Storage of any motor vehicle or internal combustion machine within any College building
- Gambling: Money and/or other valuables being exchanged or wagered
- Harassment: A course of action which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety
- 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
- Judicial System: Abuse of the disciplinary process, including, but not limited to:
- Failure to obey a summons of a judicial body or College official
- Falsification, distortion, or misrepresentation of information
- Disruption or interference with the orderly conduct of a judicial proceeding
- Attempting to discourage an individual’s proper participation in, or use of, the judicial system
- Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding
- Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding
- Failure to comply with the sanctions imposed under the Student Code of Conduct
- Influencing or attempting to influence another person to commit an abuse of the judicial system
- Keys/ID Access: Unauthorized possession, duplication, or use of keys or IDs to any College premises, including the provision of keys to an unauthorized person to access the premises
- 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
- 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 questioned by the College or other law enforcement agencies
- Publicity, Posting, and Solicitation
- Distributing promotional material that is not approved by the appropriate office
- Performing or participating in solicitation activities that are disruptive or fraudulent, that involve requesting money for personal use, or that are not approved by the appropriate office
- Performing or participating in soliciting sales, services, or products door-to-door in the residence halls; advertising or using the residence halls as a place of business
- 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
- 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
- Sexual Harassment, Title IX: Any conduct on the basis of sex that satisfies one or more of the following:
- An employee's conditioning educational benefits on participation in unwelcome sexual conduct (i.e. quid pro quo)
- Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college's program or activity
- Sexual Assault (as defined in the Clery Act) Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent
- Dating Violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act) Any violence committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship
- Domestic Violence (as defined in the VAWA amendments to the Clery Act) Any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner
- Stalking (as defined in the VAWA amendments to the Clery Act) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others; or (b) suffer substantial emotional distress
- Sexual Misconduct, NYS 129-B
- Sexual Harassment: Unwelcome verbal or physical conduct that may or may not be sexual in nature. It is sufficiently persistent or pervasive in 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. It is based on power differentials ("quid pro quo") or the creation of a hostile environment. (For examples, see Definitions section)
- Sexual Assault I: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their temporary or permanent mental incapacity
- Sexual Assault II: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity
- Sexual Exploitation: Non-consensual, abusive sexual behavior that does not otherwise constitute Sexual assault I, Sexual assault II, or Sexual Harassment, including but not limited to:
- Intentional, non-consensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party;
- Non-consensual video or audio taping of sexual activity;
- Allowing others to watch consensual or non-consensual sexual activity without the consent of a sexual partner;
- Observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent;
- Trafficking people to be sold for sex;
- Inducing incapacitation with the intent to sexually assault another person.
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.
- Domestic Violence: a felony or misdemeanor crime of violence committed:
(1) By a current/former spouse or intimate partner
(2) By a person with whom the victim shares a child in common
(3) By a person who is cohabitating with, or has cohabitated with the victim as a spouse or intimate partner
(4) By a person who is similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
(5) By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Stalking: Intentionally engagng in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or causes that person to suffer substantial emotional damage. Examples include but are not limited to: repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him/her.
(1) A course of conduct is two or more acts, including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communications to or about a person or interferes with a person's property
(2) Substantial emotional distress is significant mental suffering or enough anguish that may, but does not necessarily require, medical or other professional treatment or counseling
(3) A reasonable person is one under similar circumstances with similar identities to the victim
- 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.
- Smoking: Smoking, vaping 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
- The use, sale, transfer, or possession of illegal substances and/or related paraphernalia on College premises
- Knowingly being in the presence of illegal substances
- Disruptive behavior exhibited as a result of substance use, whether the use was on or off campus
- Theft: Using, taking, and/or possessing property or services that are knowingly not their own with intention to deprive the owner of their rights
- Traffic and Driving
- 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
- Unsafe or unauthorized use of a motor vehicle on campus grounds, including operating a motor vehicle under the influence of alcohol or drugs
- Repeated failure to pay parking tickets and/or address traffic fines/citations
- 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
- 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
- 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 36 through 40). Please note that MCC student guests to the residence halls are responsible for following these policies when visiting as well:
- Guest/Visitation Policy
- Hosting a guest who does not comply with directives given by College officials or violates any Housing and Residence Life or College policy
- Failure to appropriately sign in a guest and/or remain with your guest for the duration of their visit to the residence halls
- Hosting more than two guests at one time; collectively hosting more than 12 people in a suite at one time
- Unauthorized visitation of a guest for more than three nights in a two-week period
- 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
- Quiet Hours: failure to act responsibly and not interfere with the rights, comfort, or safety of roommates, suitemates or other residents; creating excessive noise
- Suite agreement: failure to abide by the agreement signed by the members of your suite
This section provides a general idea of how the College's judicial proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, though consistency in similar situations is a priority. The College judicial proceedings and all applicable timelines commence with notice to an administrator of a potential violation of College policy.
Once notice is received from any source (Public Safety, Reporting Individual, Resident Assistant, third party, etc.), the College may proceed with a preliminary investigation and/or may schedule an initial educational conference with the responding student to explain the conduct process to the responding student and to gather information.
When a complaint is filed alleging that a student has acted in a manner which may be in violation of the Student Code of Conduct, the Director of Student Rights and Responsibilities, or designee, initiates the disciplinary process by sending a notice to the alleged student regarding the allegations. The conduct officer may conduct further investigation, if necessary.
If there is reasonable cause to believe that a policy has been violated, these procedural options are available:
- Verbal or written warning: For low-level offenses, the conduct officer may issue a verbal or written warning to the Respondent. Warnings shall not be subject to a hearing before a Judicial Board or an appeal.
- Administrative hearing: The Respondent and the conduct officer mutually agree upon a disciplinary remedy. By accepting the administrative disposition, the Respondent waives their right to a hearing before the College Judicial Board, and all of the other requirements related to Judicial Board hearings. A student selecting an administrative disposition may still seek an appeal for removal/suspension/expulsion offenses only, however, the agreement of the student and the conduct officer should make appeal unnecessary.
- Judicial board hearing: When an administrative disposition cannot be reached, the conduct officer shall refer the alleged violation to the Judicial Board for a hearing. Refer to the section below regarding Judicial Board rules and procedures.
- Single administrator hearing: Available only in sexual misconduct cases under 129-B, in place of an administrative disposition, this hearing follows the rules and guidelines of a judicial board hearing, but the case is presented to a single hearing officer instead of a panel. Appeal would go to a panel.
NOTE: Failure to cooperate with the College's investigation of an alleged Student Code of Conduct violation, which includes appearing before a judicial board or college official if summoned to do so, will result in the student forfeiting their rights to a hearing or appeal and/or may result in a disciplinary sanction. A "hold" may also be placed on the student's account and interim sanctions put into place.
The college hearing board is the primary fact-finding and decision-making body in the college conduct system. A representative from the Office of Student Rights and Responsibilities serves as the advisor to the board. All appointees to the college hearing board shall be approved by the President.
The college hearing board, acting through a panel of at least four staff members (three decision-makers comprised of students, faculty and staff, plus the chair presiding), hears and decides cases involving alleged violations of college policy. The chair votes only in the case of a tie. Decisions of the hearing board are final, except as outlined in the appeal process (see below).
- A hearing with the board shall be scheduled by the conduct officer no later than thirty (30) business days following a Respondent's request for a hearing.
- A written statement of charges shall be presented to the Respondent no less than five (5) business days after a student receives the written notification of charges. In the case of summary suspension, a student is immediately provided with written notification of charges. In the case of summary suspension, a student is immediately provided with written notification of charges and a board hearing will be scheduled within five (5) business days.
- A board hearing is an administrative hearing. Though the rules of evidence do not apply, the preponderance of the evidence standard (what's more likely than not) is used in the judicial process.
- In a matter involving more than one Respondent, the hearing board may permit, as its discretion, an individual hearing for each Respondent.
- The Respondent has the right to be accompanied by one advisor of their own choosing and at their own expense. The advisor may be an attorney. An advisor's role is limited to advising the Respondent directly. An advisor is not permitted to participate directly in the hearing unless that hearing is under the jurisdiction of the Title IX Grievance Policy.
- A request to reschedule a board hearing must be completed 24 hours prior to the schedule time of the hearing and will only be considered for just cause. Just cause will be determined by the Vice President of Student Services or their designee.
- Failing to attend a board hearing will result in the hearing being conducted in the student's absence. If a student is late to their board hearing and the hearing has already commenced, the student will be permitted to attend at the discretion of the hearing board and will continue from that point.
This outline describes a typical hearing board process. Please note that any case falling within the Title IX Grievance Procedure or Sexual Misconduct Under NYS 129-B will have a different process, which is outlined separately within each of those policy documents.
- A hearing is normally conducted in private.
- There shall be a record created of all hearings. The record shall be the property of the college.
- All procedural questions are subject to the final decision of the hearing board.
- Admission of any person(s) into the hearing shall be at the discretion of the hearing board.
- A hearing shall proceed as follows:
- The conduct officer presents the statement of charges on behalf of the College. The conduct officer may present documents, materials, and/or witnesses in support of the statement of charges.
- The Respondent responds to the statement of charges. The Respondent may present documents, materials, and/or witnesses in response to the statement of charges.
- Following the parties' presentations, the judicial board may question each party, their witnesses, and/or review all information presented. The judicial board has the discretion to request additional documents, materials, or information from either party.
- While direct cross-examination by the parties is not permitted, each party will be given the opportunity to question the other party by presenting questions through the judicial board chair. If the board chair determines a question is relevant, the other party will be asked to respond.
- The judicial board shall have the final opportunity to question parties.
- The judicial board shall determine, by majority vote, whether the Respondent has violated college policy.
- The judicial board shall determine, by majority vote, what the sanctions will be.
- In reaching its decision, the judicial board shall determine whether it is more likely than not that the Respondent violated the Student Code of Conduct, based on the information presented.
- Following the conclusion of the hearing, the judicial board shall issue a written decision outlining its findings and disciplinary action, if any, to the parties. Typically, parties are provided a written decision within 2-10 business days, but may take longer.
Any student who engages in any prohibited act or conduct may be subject to one or more of the following sanctions. The degree of violation and matters of extenuating circumstances shall be taken into consideration, along with all relevant circumstances, in determining the appropriate sanction.
A sanction need not be imposed in every case, and no sanction shall be imposed that is more serious than is clearly appropriate for the circumstances.
Findings and sanctions will become a part of a student's conduct file and will be part of the student's educational record. The sanctions that may be imposed by a conduct officer or hearing board are as follows:
Sanctions that indicate a "status" with the college and which are progressive in nature*:
- Verbal Reprimand: This action is a formal admonition on behalf of the College community and is intended to clearly document, in a student's disciplinary file, that their behavior has been deemed unacceptable. Reprimands typically do not include additional sanctions, but may.
- Written Warning: This action is a written statement on behalf of the College community that is intended to clearly document, in a student's disciplinary file, that their behavior has been deemed unacceptable and that repetition or additional wrongful conduct will be followed by more severe disciplinary action. A written warning decision may also include additional residence hall and discretionary sanctions.
- Disciplinary Probation: This action constitutes a change in status between good standing and suspension or expulsion from the College. For a specified time period or indefinitely the student must demonstrate behavior that aligns with the mission, values, and policies of the College. The student is permitted to remain enrolled at the College under certain stated conditions. Please note that a status of Disciplinary Probation may impact a student's ability to participate in certain student leadership or athletic capacities. Disciplinary probation decisions may also include both residence hall and discretionary sanctions.
- Suspension: This action results in the involuntary withdrawal of the student from the College for a period of time up to two years or until specific conditions have been met. Please note that the College has a Transcript Notation Policy, and that an outcome of suspension will be noted on your transcript as follows: "Suspended after a finding of responsibility for a code of conduct violation."
- Summary Suspension: This action results in the immediate removal of a student from the College, including the residence halls, until a conduct hearing can take place. If a student is summarily suspended, immediate written notice of charges is provided and a judicial board hearing is scheduled within five (5) business days. During this time, a student may not be permitted to be on campus for any reason without notifying Public Safety.
- Expulsion: This action results in termination of student status at the College for an indefinite period of time. Please note that the College has a Transcript Notation Policy, and that an outcome of expulsion will be noted on your transcript as follows: "Expelled after a finding of responsibility for a code of conduct violation."
Sanctions that indicate a change in "status" in the residence halls:
- Deferred Removal from the Residence Halls: An official action informing the student that the violation of any college or residence hall policy during the deferred removal period will result in residence hall suspension or residence hall removal. Deferred removal decisions may also include college and discretionary sanctions.
- Residence Hall Suspension: Removal from the residence halls for a period of time up to two years, and the termination of the student's housing license. Students removed from the residence halls may not return to the halls or surrounding grounds as a guest and may be arrested for trespassing. Residence hall suspension decisions may also include college and discretionary sanctions.
- Residence Hall Removal: Permanent removal from the residence halls and termination of the student's housing license. Students removed from the residence halls may not return to the halls or surrounding grounds as a guest and may be arrested for trespassing.
Sanctions that are considered "discretionary" in nature, that typically occur in conjunction with the college and residence hall "status" sanctions, listed above:
- Fines: This action requires a student to pay money, usually to cover abatement efforts or to cover educational sanctions required as a result of a policy violation. A fine occurring as a result of a residence hall policy violation will be added to a students residence hall bill with the MCC Association. A fine occurring as a result of a college policy violation will be added to a student's account through the Student Accounts Office.
- Loss of Privileges: This action firmly prohibits a student from entering a particular area, using specific campus services, participating in clubs/organizations/athletics, attending events, etc., as a result of a policy violation. This sanction may also be applied to student clubs/organizations/athletic teams as a group.
- Referrals (to on-campus/off-campus office, organization, or program): This action requires a student to meet with an on-campus or off-campus person, office, or organization, or attend an on-campus or off-campus program, as related to a student's policy violation or follow up conversation.
- Residence Hall Relocation: An official action moving a student from one room to another within the residence halls. Students relocated to another room may be restricted from entering a specified room, suite, floor, or building.
- Restitution: This action requires a student to re-pay a party, typically the College, for physical damages done to property, as a result of a student's behavior. Restitution occurring in the residence halls will be added to a students residence hall bill with the MCC Association. Restitution occurring on College property, in most cases, will be added to a student's account through the Student Accounts Office.
- Educational Sanctions: These actions are typically in conjunction with other status or discretionary sanctions. They include, but are not limited to: participation in a program, creation of a bulletin board, research or reflection paper, apology letter, and/or service to the College.
*For example, if a Respondent is sanctioned with a Written Warning and following that outcome, violates college policy again, the Respondent's status will move to Disciplinary Probation, recognizing that if a policy violation is severe, it may start at a higher level.
Under the Student Code of Conduct, the Vice President, Student Services, or designee, may impose restrictions and/or separate a student from the community pending the scheduling of a conduct hearing on alleged violation(s) of the Student Code of Conduct when:
- A student represents a threat of serious harm to others;
- A student is facing allegations of serious criminal activity;
- To preserve College property; and/or
- To prevent disruption of, or interference with, the normal operations of the College.
Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a conduct hearing. A student who receives an interim suspension may request a meeting with the Vice President of Student Services, or designee, to demonstrate why interim suspension is not merited. Regardless of the outcome of this meeting, the College may still proceed with the scheduling of a conduct hearing.
During interim suspension, a student may be denied access to College housing and/or the College campus/facilities/events. As determined appropriate by the Director of Student Rights and Responsibilities, or designee, this restriction may include classes and/or all other College activities or privileges for which the student might otherwise be eligible. At the discretion of the Director, Student Rights and Responsibilities or designee, and with the approval of, and in collaboration with, the appropriate Student and Academic Services staff, alternate coursework options may be pursued to ensure as minimal an impact as possible on the responding student.
Any party may request an appeal of the decision of a judicial board, single administrator hearing, or administrative hearing (in the case of suspension, expulsion or housing removal only). All appeals should be filed electronically, via the Appeal Form within five (5) business days of the notice of the outcome. For just cause, the five (5) business days may be extended. Exceptions will be made at the discretion of the Associate Vice President, Student Services, and when appropriate, the Title IX Coordinator.
All appeals are subject to the procedures outlined below. All sanctions imposed by the original hearing body remain in effect, and all parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.
Appeals requests are limited to the following grounds:
- Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution's own procedures);
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. This new evidence must be included in the appeal;
- The investigator(s) or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter; or
- The sanctions imposed are substantially disproportionate to the severity of the violation.
The Director of Student Rights and Responsibilities or designee, will share the appeal by one party with the other party (parties) when appropriate under procedure or law (e.g. if a responding student appeals, the appeal is shared with the complainant, who may also wish to file a response or request an appeal on the same or different grounds). The Director of Student Rights and Responsibilities or designee will also draft a response memorandum to the appeal request(s), based upon the Vice President, Student Services, determination that the request(s) will be granted or denied, and why. All request-related documents are shared with all parties prior to submission to the Vice President of Student Services.
The Vice President of Student Services will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. They may consult with the Director of Student Rights and Responsibilities or designee and/or the Title IX Coordinator on any procedural or substantive questions that arise.
If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the Vice President, Student Services, determines whether to refer the appeal to an Appeals Panel or to remand it to the original hearing officer(s), typically within 3-5 business days. Efforts should be made to use remand whenever possible, with clear instructions for reconsideration only in light of the granted appeal grounds. Where the original decision-maker may be unduly biased by a procedural or substantive error, a new panel will be convened to reconsider the matter, which in turn can be appealed once. Full re-hearings by the Appeals Panel are not permitted. Where new evidence is presented or the sanction is challenged, the Vice President of Student Services, will determine if the matter should be returned to the original decision-maker for reconsideration or if it should be reviewed by the Appeals Panel with instruction on the parameters regarding institutional consistency and applicable legal guidelines. In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party/parties to show clear error. The Appeals Panel must limit its review to the challenges presented.
On reconsideration, the Appeals Panel or original decision-maker may affirm or change the findings and/or sanctions of the original hearing body according to the permissible grounds. Procedural or substantive errors should be corrected, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.
All decisions of the Appeals Panel are to be made within five (5) business days of submission to the Panel and are final, as are any decisions made by the original hearing body, Director of Student Rights and Responsibilities, or Title IX Coordinator as the result of reconsideration consistent with instructions from the Vice President of Student Services.
The Director of Student Rights and Responsibilities will develop procedural rules for the administration of hearings that are consistent with the provisions of the Student Code of Conduct. Material deviation from these rules will generally only be made as necessary and will include reasonable advance notice to the parties involved, either by posting online and/or in the form of written communication. The Director of Student Rights and Responsibilities may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations that are not reflected in this Code. The Director of Student Rights and Responsibilities may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Student Code of Conduct will be referred to the Vice President of Student Services, whose interpretation is final. The Student Code of Conduct will be updated annually under the direction of the Director of Student Rights and Responsibilities, with a comprehensive revision process being conducted every 3 years.
If the student conduct officer/Board imposes a sanction of suspension or expulsion, then, following exhaustion of an appeal, the Vice President of Student Services will notify the College Registrar to place a notation on the student's transcript, which reads “Suspended after a finding of responsibility for a code of conduction violation” or “Expelled after a finding of responsibility for a code of conduct violation,” as applicable. Students may appeal to the Vice President, Student Services, in writing, for removal of a notation that they were suspended, no earlier than one year after the suspension is completed. Notations indicating a student was expelled from the College shall not be subject to removal, and therefore, cannot be appealed. If a student withdraws from the College prior to completing a conduct process and conduct charges are still pending, a notation of “Withdrew with charges pending” will be noted. If a student has completed 20% or less of the course(s), the notation will read “Dropped with charges pending.”
Colleges and universities vary widely in the student misconduct issues that they consider “reportable” to outside agencies, potential employers, and graduate or professional programs. The practice of the Office for Student Rights & Responsibilities at Monroe Community College is to report any formal disciplinary action taken against a student that results in a finding of responsible for a Monroe Community College policy violation and a sanction of disciplinary probation or greater (our sanctions, in order of increasing severity, are: verbal reprimand, warning, disciplinary probation, suspension, expulsion. Each infraction usually receives one of these statuses in addition to other educational activities and mandates). Disciplinary records are maintained for six years after the end of an academic year, except for records related to suspensions and expulsions. Suspensions and expulsions are also noted on a student’s transcript.
Informal disciplinary actions are not reported by the Office of Student Rights and Responsibilities to outside agencies. Informal disciplinary actions can occur in the residence halls, by faculty in the classroom, by student conduct staff addressing minor infractions, or as a result of the College’s amnesty policies. Verbal reprimands and written warnings are considered informal disciplinary actions and are not reported.
When the Office of Student Rights and Responsibilities reports that a student has no disciplinary record, it is under the parameters described above.
The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status as Complainant, Respondent, or Witness. Individuals who wish to file a complaint about Monroe Community College’s policy or process may contact the Department of Education’s Office for Civil Rights.
Accused Student: A person accused of a violation who has not yet entered an Institution's judicial or conduct process.
Advisor: One individual who may attend any meetings requested of the parties during the investigation and adjudication processes. During the investigation and adjudication processes, the role of an advisor is to advise and assist, not speak on a party’s behalf.
Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Business Day: A “business day” means a day other than Saturday, Sunday and New York State and federal holidays.
Bystander: A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
Calendar Day: A “calendar day” means each day of the week, regardless of whether the college is open or closed.
Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses.
Complainant: An individual who reported to the Title IX Coordinator or another individual to whom notice resulted in the school’s actual knowledge, is to alleged to have been the victim of sexually harassing conduct or an individual on whose behalf the school’s Title IX Coordinator is investigating sexual misconduct.
Confidentiality: May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.
Domestic violence: A felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Incapacitation: Physical and/or mental inability to make informed, rational judgments and decisions. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments.
In evaluating whether a person was incapacitated for purposes of evaluating affirmative consent, the College considers two questions: (1) Did the person initiating sexual activity know that the other individual was incapacitated? and if not, (2) Should a sober, reasonable person in the same situation have known that the other individual was incapacitated? If the answer to either of these questions is “yes,” affirmative consent was absent.
Incapacitation is a state beyond drunkenness or intoxication. A person is not incapacitated merely because they have been drinking or using drugs. The standard for incapacitation does not turn on technical or medical definitions, but instead focuses on whether a person has the physical and/or mental ability to make informed, rational judgments and decisions. A person who initiates sexual activity must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, typical signs may include: slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, and/or incontinence. Additionally, a person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?”, “Do you know how you got here?”, “Do you know what is happening?”, “Do you know whom you are with?”
Privacy: May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a Complainant or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate Institution officials.
Public Exposure: Deliberately and publicly exposing one’s intimate body parts, and public sex acts.
Respondent: A person accused of a violation who has entered an Institution's judicial or conduct process.
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.
SaVE Act: The Campus Sexual Violence Elimination Act (the Campus SaVE Act) refers to the Violence Against Women Act (VAWA) amendments to the Clery Act. The Campus SaVE Act is an update to the Clery Act, expanding the scope of this legislation in terms of reporting, response, and prevention education requirements around rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking
Sexual act: The term “sexual act” means –
- Contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
- Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
- The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
- The intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sexual assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Definitions of sexual assault in the Sexual Misconduct Policy Under NYS 129-B cover activities that fall outside of the narrow scope of Title IX. Specifically:
- Sexual Assault I* -The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their temporary or permanent mental incapacity. (*Note: If a student is found “responsible” for Sexual Assault I, the College will impose either suspension or expulsion as a sanction).
- Sexual Assault II - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
- Sexual Exploitation - Non-consensual, abusive sexual behavior that does not otherwise constitute Sexual Assault I, Sexual Assault II, or Sexual Harassment. Examples include but are not limited to:
- Intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party;
- Nonconsensual video or audio taping of sexual activity;
- Allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner;
- Observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent;
- Trafficking people to be sold for sex; and
- Inducing incapacitation with the intent to sexually assault another person.
Sexual contact: The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sex discrimination: Includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing other students and/or employees whether or not the harassment occurs on MCC campuses and whether or not the incidents occur during working hours. All acts of sex discrimination including sexual harassment, sexual assault, and other sexual violence, are prohibited by Title IX.
Sexual harassment: Unwelcome verbal or physical conduct that may or may not be sexual in nature. It is sufficiently persistent or pervasive in 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. It is based on power differentials (“quid pro quo” harassment) or the creation of a hostile environment.
- “Quid pro quo” sexual harassment: Occurs when a person in a position of authority uses that position to engage in unwelcome sexual advances, requests for favors, or other verbal or physical conduct of a sexual nature when: a) submission to such conduct is explicitly made a term or condition of a student’s employment or education; or b) submission to or rejection of such conduct is used as a basis for decisions affecting a student’s education or employment.
- Creation of hostile environment: Hostile environment sexual harassment requires an assessment based on the totality of circumstances to determine whether the conduct is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the College’s program and/or activities based on sex:
- Degree to which the conduct affected one or more students’ education
- Type, frequency, and duration of conduct
- Identity of and relationship between alleged harasser and the subject(s) of harassment
- Number of individuals involved
- Age and sex of alleged harasser and subject(s) of harassment
- Size of the College, location of incidents, and context in which they occurred
- Other incidents at the College
- Incidents of gender-based but nonsexual harassment
- Examples of sexual harassment may include:
- Unwelcome physical contact
- Continued expression of sexual interest after being informed that the interest is unwelcome
- Requests for sexual favors
- Persistent requests for a date, telephone calls, emails or other communication that is unwelcome
- Posters, photos, cartoons, or graffiti that are demeaning or offensive
- Sexual language and/or jokes of a sexual nature
- Unwelcome visual contact, such as leering or staring at another person
- Comments or statements that are demeaning, humiliating, suggestive, insulting, vulgar, crude, or lewd
- Sexual gestures
- Following or stalking
- Taking pictures that are sexual in nature
- Preferential treatment or promise of preferential treatment for submitting to sexual conduct
Stalking: Intentionally engaging in a course of conduct (two or more acts), directed at a specific person - including but not limited to: acts in which the stalker directly, indirectly or through third parties by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a persons' property - when such conduct is likely to cause a reasonable person to fear for their safety or the safety of others or causes that person to suffer substantial emotional damage.
Title IX: Part of the Educational Amendments of 1972, Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.” For additional information regarding Title IX, please see the Title IX Grievance Procedure.
Title IX Coordinator: The Title IX Coordinator and/or their designee or designees.
Violence Against Women Act (VAWA): VAWA requires colleges and universities to: (1) report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates; (2) adopt certain student discipline procedures, such as for notifying purported victims of their rights; and (3) adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel.
The State University of New York and Monroe Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the Accused Student and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by one advisor of choice who may assist and advise a Complainant, Accused Student, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.
Options in Brief:
Victims/survivors have many options that can be pursued simultaneously, including one or more of the following (for detailed information see the SUNY Sexual Violence Response Policy):
- Receive resources, such as counseling and medical attention;
- Confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy see Options for Confidentially Disclosing Sexual Violence)
- Make a report to:
- An employee with authority to address complaints, including the Title IX Coordinator, a Student Conduct Employee, or a Human Resources employee;
- MCC Public Safety;
- Local law enforcement; and/or
- Family Court or Civil Court.
This policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator or Director, Student Rights and Responsibilities at any point before or during the investigation or adjudication process that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other institutional programs and activities.
Consistent with the Monroe Community College Student Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean Monroe Community College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Monroe Community College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored. For information about how Monroe Community College weighs requests for confidentiality, see “Requesting Confidentiality” below.
In accordance with the Students’ Bill of Rights, complainants have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:
Complainants have the right to disclose confidentially to one of the following College officials, who by law, may maintain confidentiality and can assist in obtaining services. Individuals who are confidential resources will not report crimes to law enforcement or College officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At MCC, this includes:
- Counseling Services, Brighton Campus (Building 3-103): (585) 292-2140
- RESTORE Advocate: (716) 218-8668 or 24/7 Hotline: (585) 546-2777
- Silent Witness Hotline: (585) 292-3636
- Anonymous Complaint Form (MCC form)
Off Campus options to disclose sexual violence confidentially will not provide any information to the College. These options include:
Off campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s confidentiality policies may be obtained directly from the agency.
- RESTORE Sexual Assault Services, 1 Mt. Hope Ave, Rochester NY 14620
24 Hour Hotline: (585) 546-2777
- RAINN (Rape, Abuse & Incest National Network)
24 Hour Hotline: (800) 656-HOPE(4673)
- Willow Domestic Violence Center
24 Hour Hotline: (585) 222-SAFE(7233)
Off campus medical providers. The hospitals listed below offer Sexual Assault Forensic Examinations:
- Strong Memorial Hospital, 601 Elmwood Ave., Rochester, NY 14642
- Highland Hospital, 1000 South Ave., Rochester, NY 14620
- Rochester General Hospital, 1425 Portland Ave., Rochester, NY 14621
Medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered.
Even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to themselves or others and the mandatory reporting of child abuse.
Complainants have the right to disclose confidentially and to obtain services from New York State, New York City, or county hotlines. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages (or by calling 1-800-942-6906).
Assistance can be obtained through:
Note: These hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Complainants are encouraged to additionally contact a campus official or private resource so that the campus can take appropriate action in these cases.
Complaints have the right to disclose to one of the following College officials*, who can offer privacy and can assist in providing information about remedies, accommodations, evidence preservation, and how to obtain resources.
- Shannon Glasgow, Title IX Coordinator (Brighton: Building 1-300)
- Human Resources;
- Student Rights and Responsibilities Office staff;
- Housing and Residence Life staff, including Resident Directors and Resident Assistants;
- Public Safety Staff;
- Downtown Student Engagement Center staff;
- Chief Diversity Officer; and
- Faculty, administrators, and most staff.
*These officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, to be protected by the institution from retaliation, and to receive assistance and resources from the institution. These College officials will disclose that they are private and not confidential resources, and they may still be required by law and College policy to inform one or more College officials about the incident, including but not limited to the Title IX Coordinator. They will notify Complainants that the criminal justice process uses different standards of proof and evidence than internal procedures inform Complainants that questions about the penal law or the criminal process should be directed to law enforcement or the district attorney.
Complainants have the right to file a criminal complaint with MCC Public Safety and/or with local law enforcement and/or state police:
- MCC Public Safety, Brighton Campus, Building 21-Room 140
- MCC Public Safety, Downtown Campus, Room 144
- Brighton Police Department (BPD), 2300 Elmwood Ave., Rochester, NY 14618
(585) 784-5150 or 911
- Rochester, Police Department (RPD), 185 Exchange Blvd., Rochester, NY 14614
- RPD Victim Assistance Unit, 185 Exchange Blvd., Rochester, NY 14614
- Monroe County Sheriff's Office-Zone B, 245 Summit Point Dr., Henrietta, NY 14467
- NYS Police 24 Hour Hotline to report a sexual assault on a college campus:
Complainants have the right to receive assistance by MCC Public Safety in initiating legal proceedings in family court or civil court.
- MCC Public Safety, Brighton Campus, Building 21-Room 140
- MCC Public Safety, Downtown Campus, Room 144
Complainants have the right to file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance.
Reports will be investigated in accordance with Monroe Community College procedure and the Complainant’s identity shall remain private at all times if said Complainant wishes to maintain privacy. If a Complainant wishes to keep their identity anonymous, they may call the Title IX Coordinator to anonymously discuss the situation and available options.
- Shannon Glasgow, Title IX Coordinator
Brighton Campus, Building 1-Room 300
- Kristin Lowe, Ass't Title IX Coordinator, Human Resources
Brighton Campus, Building 6-Room 301
When the accused person is an employee, a Complainant may also report the incident to the Monroe Community College Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused person is an employee of an affiliated entity or vendor of the College, College officials will, at the request of the Complainant, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and College policy. To report to Human Resources, contact:
- Kristin Lowe, Ass't Title IX Coordinator, Human Resources
Brighton Campus, Building 6-Room 301
You may withdraw your complaint or involvement from the Monroe Community College process at any time.
At the first instance of disclosure by a Complainant to a College representative, the following information shall be presented to the Complainant:
You have the right to make a report to Public Safety, local law enforcement, and/or State Police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.
To obtain effective intervention services:
- Health Services, Building 3-Room 165
- Counseling Services, Building 3-Room 103
- MCC Public Safety, Brighton Campus, Building 21-Room 140
- MCC Public Safety, Downtown Campus, Room 144
There is no fee for MCC students for Health Services or Counseling Services.
Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available through:
- Monroe County Department of Health, 855 West Main St., Rochester, NY 14611
(585) 753-5481, Bullshead Plaza - Free Clinic
- Planned Parenthood of Rochester, 114 University Ave., Rochester, NY 14605 (585) 546-259 - Testing fees apply
- Strong Memorial Hospital, 601 Elmwood Ave., Rochester, NY 14642
- Highland Hospital, 1000 South Ave., Rochester, NY 14620
- Rochester General Hospital, 1000 South Ave., Rochester, NY 14620
- RESTORE Sexual Assault Services, 1 Mount Hope Ave., Rochester, NY 14620
24 Hour Hotline: (585) 546-2777
- Willow Domestic Violence Center
24 Hour Hotline: (585) 222-SAFE(7233)
- Out Alliance, 100 College Ave. #100, Rochester, NY 14607
- RAINN (Rape, Abuse & Incest National Network)
24 Hour Hotline: 1-800-656-HOPE(4673)
Within 96 hours of an assault, you can receive a Sexual Assault Forensic Examination (commonly referred to as a “rape kit”) at a hospital. While there should be no charge for a sexual assault forensic examination, there may be a charge for medical or counseling services off-campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services.
The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found on the New York State Forensic Rape Examination (FRE) Direct Reimbursement Program or by calling (800) 247-8035.
To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating, or doing anything to alter physical appearance until after a physical exam has been completed.
When the accused person is a student, the College may issue a “No Contact Order,” consistent with College policy and procedure, meaning that continued contact between parties is a violation of College policy subject to additional conduct charges. Both the Accused Student/Respondent and Complainant may request a prompt review by the Vice President, Student Services, of the need for and terms of a No Contact Order, consistent with Monroe Community College procedure. Parties may submit evidence in support of their request.
Assistance from Monroe Community College Public Safety or other College officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
Receipt of a copy of the Order of Protection or equivalent and to have an opportunity to meet or speak with a College official who can explain the order and answer questions about it, including information from the Order about the Accused Student/Respondent’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
An explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
To have assistance from Monroe Community College Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Monroe Community College Public Safety or, if outside of the jurisdiction, to call on and assist local law enforcement in effecting an arrest for violating such an order.
- When the accused person is a student and presents an immediate threat to the physical health and safety of the community/Complainant, to have the Accused Student/Respondent subject to emergency removal pending the outcome of an investigation and conduct process.
- Parties may request a prompt review by the Vice President, Student Services, of the need for and terms of an emergency removal. Parties may submit evidence in support of their request.
- When the accused person is not a student but is a member of the College community and presents a continuing threat to the health and safety of the community, to subject the accused person to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and Monroe Community College policies and rules.
- When the accused person is not a member of the College community, to have assistance from Monroe Community College Public Safety or other College officials in obtaining a persona non grata letter, subject to legal requirements and College policy.
- Obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment.
- Parties may request a prompt review by the Vice President, Student Services, of the need for and terms of any interim measures and accommodations that directly affect them. Parties may submit evidence in support of their request. While parties may request accommodations through any of the offices referenced in this procedure, the following office can serve as a point to assist with these measures:
- Shannon Glasgow, Title IX Coordinator
Upon the receipt of a Notice of Allegations:
- Investigative interviews with the Title IX Coordinator and a college officer will be scheduled.
- You are entitled to one advisor of your choice to accompany and assist you during the interview.
- Your advisor may not speak on your behalf.
- Upon request, a pre-interview meeting between you, your advisor, and the Title IX Coordinator can be arranged to answer any questions you may have about the investigation process.
- At the interview, the Title IX Coordinator will be in attendance with another officer from the college.
- The purpose of the interview is to gather information about possible violations of Monroe Community College policies.
- Notes will be taken during all interviews and a report summarizing all interviews will be generated.
- You will be provided with an opportunity to review the full draft report of all interviews, as well as evidence submitted from all parties.
- You will have the ability to respond to the draft report within ten (10) business days of receipt.
- Once all parties have had ten (10) business days to review and respond to the draft report, any responses received will be included in the report and the report will become final.
- If new information is provided during the response period that could potentially alter the outcome of the case, additional interviews may be conducted. In the event that this is needed, a new draft report will be shared with an additional ten (10) business day response time provided.
- Once the report is finalized, with the totality of evidence considered, recommendations for further action may or may not be made to the Office of Student Rights and Responsibilities.
- The referral for further action does not represent a finding of responsibility.
- If a referral for further action is made to the Office of Student Rights and Responsibilities, that Office will review all information gathered and determine whether it is appropriate to bring charges under the MCC Student Code of Conduct, including but not limited to charges relating to Sexual Misconduct Under NYS 129-B and, if so, what charges will be brought.
- If charges are issued by the Office of Student Rights and Responsibilities, an adjudication process will follow in accordance with the MCC Student Code of Conduct.
- If the charges fall under Sexual Misconduct Under NYS 129-B, both parties will be notified of the charges and next steps in the conduct process.
- If the charges do not fall under Sexual Misconduct Under NYS 129-B, both parties will be notified but only the respondent will be notified of the charges and next steps in the conduct process.
- At least ten (10) calendar days will commence between the communication of the final report and the date of any student conduct proceeding, although the Notice of Charges letter may be sent during that time.
Conduct proceedings are governed by the procedures set forth in the MCC Student Code of Conduct, the Sexual Misconduct Policy Under NYS 129-B, as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
Throughout conduct proceedings, the Respondent and the Complainant will have:
- The same opportunity to be accompanied by one Advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the Advisor in any proceeding is governed by federal law and the MCC Student Code of Conduct.
- The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the Respondent, including the right to a presumption that the Respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
- The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
- The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. The Accused Student will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
- The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) business days except when law enforcement specifically requests and justifies a longer delay.
- The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by Monroe Community College).
- The right to present evidence and testimony at a hearing, where appropriate.
- The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
- The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
- The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
- The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
- The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction, and the rationale for the decision and any sanctions.
- The right to written or electronic notice about the sanction(s) that may be imposed on the Accused Student based upon the outcome of the conduct proceeding. For students found responsible for Sexual Assault I, the available sanctions are suspension with additional requirements before re-enrollment or expulsion/dismissal.
- Access to at least one level of appeal of a determination by a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
- The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for six years. The following office can serve as a point to assist with obtaining a record of a student conduct hearing: Office of Student Rights and Responsibilities (Brighton Building 1-300, (585) 292-2023).
- The right to choose whether to disclose or discuss the outcome of a conduct hearing. The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.
The College will conduct a timely review of all complaints of domestic violence, dating violence, sexual assault, sexual harassment, and/or stalking. The College strives to review and resolve complaints in a timely and thorough manner. Typically, this can take 60-90 days but, depending upon availability, college breaks, and other factors, can take longer.
- Preliminary review of these complaints, including initial interviews and implementation of interim measures, will usually be completed within 5-10 days of receipt of complaint.
- Subsequent, comprehensive review and investigation of these complaints, including additional interviews with parties and witnesses/persons with knowledge or information and the gathering of evidence, will usually be completed within 10-60 days of receipt of complaint.
- Results of the complaint, via either a formal hearing or waiver of hearing, are typically issued after the investigation is complete.
An individual who withdraws from the College after being charged with a Code of Conduct violation remains under the jurisdiction of the College if the individual met the definition of “student” at the time of the alleged incident that gave rise to the complaint. If an accused student withdraws during the preliminary review or investigation phase, a hold may be placed on the student’s account until the case is resolved, which will restrict the student from registering and from obtaining an official transcript. The hold will remain in place until the matter is resolved and, depending upon the outcome of the investigation, an appropriate transcript notation may be placed. The College may hold a hearing even if an Accused Student has withdrawn, and if it does, the Accused Student will receive due notice and will be invited to attend related meetings and hearings.
If, after reviewing all available evidence, there is not reasonable cause to move forward with conduct charges, no adjudication process will occur. This decision will be communicated to both parties and both parties will have the option to appeal.
If you disclose an incident to a Monroe Community College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against the College’s obligation to provide a safe, non-discriminatory environment for all members of the community, including you.
The College will assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While Complainants may request accommodations through several College offices, the following office can serve as a primary point of contact to assist with these measures:
- Shannon Glasgow, Title IX Coordinator (Brighton Building 1-300)
We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.
We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the Monroe Community College’s failure to act does not adequately mitigate the risk of harm to you or other members of the Monroe Community College community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.
When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Monroe Community College will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:
- whether the accused person has a history of violent behavior or is a repeat offender
- whether the incident represents escalation, such as a situation that previously involved sustained stalking
- the increased risk that the accused person will commit additional acts of violence
- whether the accused person used a weapon or force
- whether the Complainant is a minor
- whether we possess other means to obtain evidence such as security footage
- whether the report reveals a pattern of perpetration at a given location or by a particular group
If the College determines that it must move forward with an investigation, the Complainant or victim/survivor will be notified and the College will take immediate action as necessary to protect and assist them.
If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigil, protest, or other public event, Monroe Community College is not obligated to begin an investigation. The College may use the information you provide to inform the need for additional education and prevention efforts.
Additionally, you may call the New York State Hotline for Sexual Assault and Domestic Violence at (800) 942-6906.
Reports of certain crimes occurring in certain geographic locations will be included in the Monroe Community College Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the Complainant or victim/survivor. Questions about institutional crime reporting may be directed to Public Safety.
- MCC Public Safety, Brighton Campus, Building 21-Room 140
- MCC Public Safety, Downtown Campus, Room 144
Monroe Community College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the Complainant or victim/survivor). A Complainant will never be identified in a timely warning.