student services - SUNY Institute of Technology

hearing, because such evidence and/or facts were not
known to the person appealing at the time of the original
hearing.
3. In cases involving appeals by a student accused of
violating the student code, review of the sanction by the
appellate board may not result in more severe sanction(s)
for the accused student.
Article V: Student Rights
A. College Responsibilities to the Student
In preserving the rights of the individual student,
SUNYIT shall have the obligation:
1. To describe its standards clearly.
2. To make known its standards in a form readily available
to its students and in a manner that will provide fair
notice of what is expected and what is prohibited.
3. To apply rules and regulations fairly, impartially, and
equally to all students.
B. Students Rights
For any disciplinary action for which sanctions may be
im posed, the student shall have the right:
1. To be informed of his/her rights.
2. To be informed of the format and procedures of the
SUNYIT Judicial System.
3. To receive written, timely, and complete notice of the
specific charges to be resolved.
4. To seek advice from any member of the SUNYIT
community (attorneys are not permitted).
5. To have a fair disposition of all matters as promptly as
possible under the circumstances.
6. To elect to dispose of the charges administratively by
mutual consent with the Judicial Officer, or to have his/
her case heard by a judicial body.
7. To hold unaltered student status pending a final
adjudication and disposition of all charges, unless the
student has been placed on Interim Suspension.
8. To be informed of the general nature of the evidence to
be presented.
9. To confront and question all parties and witnesses
except when extraordinary circumstance (as determined
by the Vice President for Student Affairs and Enrollment
Management) make this impossible.
10. To present a factual defense through witnesses, personal
testimony, and other relevant evidence.
11. To decline to testify against oneself. Silence will not be
considered an admission of responsibility.
12. To request attendance of witnesses upon a showing of
relevance.
13. To have only relevant evidence considered by the judicial
body.
14. To be informed of all decisions within a reasonable
time.
15. To listen to a recording of a hearing for an appeal upon
written request.
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16. To appeal a decision and be informed of the criteria and
procedures to be followed.
Article VI: Interpretation and Revision
A. Any questions of interpretation regarding the student
code shall be referred to the Vice President for Student
Affairs and Enrollment Management or his/her designee
for final determination.
B. The student code shall be reviewed every year under the
direction of the Judicial Officer.
STATE UNIVERSITY BOARD
OF TRUSTEES RULES FOR THE
MAINTENANCE OF PUBLIC ORDER
§ 535.1 Statement of purpose.
The following rules are adopted in compliance with section
6450 of the Education Law and shall be filed with the Commissioner
of Education and the Board of Regents on or before
July 20, 1969, as required by that section. Said rules shall
be subject to amendment or revision and any amendments
or revisions thereof shall be filed with the Commissioner of
Education and Board of Regents within 10 days after adoption.
Nothing herein is intended, nor shall it be construed,
to limit or restrict the freedom of speech or peaceful assembly.
Free inquiry and free expression are indispensable to
the objectives of a higher educational institution. Similarly,
experience has demonstrated that the traditional autonomy
of the educational institution (and the accompanying institutional
responsibility for the maintenance of order) is best
suited to achieve these objectives. These rules shall not be
construed to prevent or limit communication between and
among faculty, students and administration, or to relieve the
institution of its special responsibility for self-regulation in
the preservation of public order. Their purpose is not to prevent
or restrain controversy and dissent but to prevent abuse
of the rights of others and to maintain that public order appropriate
to a college or university campus without which
there can be no intellectual freedom and they shall be interpreted
and applied to that end.
§ 535.2 Application of rules.
These rules shall apply to all State-operated institutions of
the State University except as provided in Part 550 as applicable
to the State University Maritime College. These rules
may be supplemented by additional rules for the maintenance
of public order heretofore or hereafter adopted for any
individual insti tution, approved and adopted by the State
University trustees and filed with the Commissioner of Education
and Board of Regents, but only to the extent that such
additional rules are not inconsistent herewith. The rules
hereby adopted shall gov ern the conduct of students, faculty
and other staff, licensees, invitees, and all other persons,
whether or not their presence is authorized, upon the campus
of any institution to which such rules are applicable and
also upon or with respect to any other premises or property,
under the control of such institution, used in its teaching,
research, administrative, service, cultural, rec reational, athletic
and other programs and activities; provided, however,
that charges against any student for violation of these rules