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Student Handbook - SUNY Canton

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have incurred a penalty for campus<br />

misconduct other than admonition.<br />

B. Faculty - provided by the Faculty<br />

Assembly, one of which will serve on<br />

each hearing. The faculty members<br />

must be employees who must have<br />

worked at the College for at least<br />

one year.<br />

C. Administration - are members of the<br />

non-teaching professional staff, one<br />

of which is assigned to each hearing<br />

as available and will serve as the<br />

chair of the Board for that hearing.<br />

They are appointed by the College<br />

President for three-year terms. The<br />

professionals must be employees who<br />

have worked at the College for at least<br />

one year.<br />

The <strong>Student</strong> Faculty Hearing Board,<br />

by two-thirds vote of all members,<br />

may remove any student or faculty<br />

member from office for just cause,<br />

in accordance with committee due<br />

process. If a representative is removed<br />

from office, the vacancy shall be filled<br />

in the same manner as the original<br />

office holder.<br />

Notification of findings<br />

Within five (5) class days after the adjournment<br />

of a judicial hearing, the hearing board<br />

shall submit written findings of fact, conclusions<br />

regarding the charge(s), and imposition<br />

of a sanction, if any, to the respondent and<br />

any College official who is determined by<br />

the Dean of <strong>Student</strong>s/Chief <strong>Student</strong> Affairs<br />

Officer to have a legitimate interest in the<br />

result to their official <strong>SUNY</strong> <strong>Canton</strong> email.<br />

In the case of sexual misconduct and violations<br />

involving dating violence, domestic<br />

violence, sexual assault, or stalking, both<br />

the complainant and respondent shall also<br />

receive simultaneous notice of the results<br />

and sanctions imposed (and the rationale for<br />

the result and sanctions), as well as notice<br />

of the appellate procedures available, any<br />

possible changes to the result that may occur<br />

before it becomes final, and when the result<br />

becomes final.<br />

2. Residence Hall Hearing Board<br />

There shall be a standing central Residence<br />

Hall Hearing Board (RHHB) composed of<br />

six students, one from each of the residence<br />

halls who are nominated by the hall staff and<br />

one Resident Assistant nominated by the<br />

Resident Assistants who will serve as Chair<br />

of the Board. The Director of Residence Life<br />

or his/her designee will serve as the advisor<br />

to this Board. The RHHB will provide<br />

resident students with an opportunity to<br />

present cases before their peers, thus giving<br />

residents a greater degree of autonomy and<br />

STUDENT LIFE<br />

“hands-on” judicial experience in communal<br />

living. When dealing with a disciplinary<br />

matter, students are afforded the right to appear<br />

before a Judicial Hearing Board (of the<br />

adjudicating officer’s discretion) or the opportunity<br />

to accept summary action wherein<br />

they waive their right to appear before a<br />

Judicial Hearing Board. The adjudicating<br />

officer can also elect to present a case to the<br />

Judicial Board even if it is against the wishes<br />

of the student being charged. In accordance<br />

with the Code of <strong>Student</strong> Conduct, appeals<br />

of the RHHB’s decision(s) will be heard by<br />

the Dean of <strong>Student</strong>s or his/her designee<br />

except when suspension or expulsion from<br />

the College are involved in which case those<br />

are reviewed by the College President or his/<br />

her designee. The RHHB has the authority<br />

to impose all official sanctions listed in<br />

Article V except suspension or expulsion<br />

from the College.<br />

Notification of findings<br />

Within five (5) class days after the adjournment<br />

of a judicial hearing, the hearing board<br />

shall submit written findings of fact, conclusions<br />

regarding the charge(s), and imposition<br />

of a sanction, if any, to the respondent and<br />

any College official who is determined by<br />

the Dean of <strong>Student</strong>s/Chief <strong>Student</strong> Affairs<br />

Officer to have a legitimate interest in the<br />

result to their official <strong>SUNY</strong> <strong>Canton</strong> email.<br />

In the case of sexual misconduct and violations<br />

involving dating violence, domestic<br />

violence, sexual assault, or stalking, both<br />

the complainant and respondent shall also<br />

receive simultaneous notice of the results<br />

and sanctions imposed (and the rationale for<br />

the result and sanctions), as well as notice<br />

of the appellate procedures available, any<br />

possible changes to the result that may occur<br />

before it becomes final, and when the result<br />

becomes final.<br />

3. The Campus Parking Violations<br />

Appeals Board<br />

The Chief Administrative Officer (President)<br />

shall designate a hearing officer or board<br />

not to exceed six persons to hear complaints<br />

for violation of campus traffic and parking<br />

regulations enforceable on campus. Such<br />

hearing officer or board shall not be bound<br />

by the rules of evidence but may hear or<br />

receive any testimony or evidence directly<br />

relevant and material to the issues presented.<br />

The Board will be comprised of a panel<br />

of six persons as follows:<br />

i. Two students<br />

ii. Two faculty<br />

iii. Two classified staff<br />

iv. Any three persons, one from each<br />

26<br />

constituency, shall constitute a quorum<br />

to hear appeals.<br />

15.8 Article VIII:<br />

Responsibilities of<br />

Administrative Officers<br />

1. The President/Acting President or designee<br />

shall review all recommendations<br />

of the <strong>Student</strong> Faculty Hearing Board<br />

involving suspension or expulsion from<br />

the College (Article V, Sec. 7 & 14).<br />

Before reaching a decision, the President/<br />

Acting President may consult with the<br />

appropriate person(s) or parties. The<br />

President or his/her designee may summarily<br />

suspend a student/organization<br />

pending a hearing if the student/ organization<br />

(Article V, Sec. 14) is believed<br />

to constitute a clear and present danger<br />

to the safety of persons or property of the<br />

academic community. The President or<br />

his/her designee shall allow the accused<br />

student/organization an immediate<br />

explanation in writing with respect to<br />

such suspension.<br />

2. The adjudicating officer has the following<br />

responsibilities:<br />

A. Review and determine if sufficient<br />

evidence exists to charge the accused;<br />

B. Notify the accused in writing of the<br />

nature of the charge(s). Notification<br />

will also include the nature of<br />

the Hearing Board, date, time, and<br />

location of the hearing, a statement of<br />

the student’s rights, and information<br />

on the hearing procedures. The notice<br />

may be hand delivered; placed into a<br />

student’s residence hall mailbox; sent<br />

by e-mail to the accused student’s<br />

official College e-mail address, or<br />

mailed to the last known address of<br />

the student, either by certified mail<br />

or first class mail.<br />

C. Works with the Chair of the <strong>Student</strong><br />

Faculty Hearing Board to set the hearing<br />

date and time and composition<br />

of the Board.<br />

D. Coordinate the follow-up to ensure<br />

that the sanction is carried out.<br />

15.9 Article IX: Procedures for<br />

Judicial Hearings<br />

For all Campus Judicial Boards:<br />

1. Charges of alleged misconduct (under<br />

Article IV) may be brought against any<br />

student or organization.<br />

2. Before a student’s/organization’s case is<br />

presented before a campus Judicial Board<br />

(except when the Maintenance of Public<br />

Order Committee has jurisdiction), the

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