This section of the Community Standards is designed to provide students and student organizations with information regarding the procedures that can be expected after a possible violation of College policy. This information will instruct and guide students, faculty, and staff involved in the various stages of the Conduct process properly. These procedures are intended to ensure a safe, fair, and equitable process for all students and at no point should a Conduct Officer or designee deviate from these procedures.
An interim suspension of a student from the College may be imposed only by the Dean of Students or designee, and shall become effective immediately without prior notice whenever there is evidence that the continued presence of the student poses a substantial and immediate threat to themselves, to others, or to the College community. Should an interim suspension be issued and resolution of the matter that prompted it is not resolved within two (2) weeks, the interim suspension may convert to an administrative leave of absence.
Removal from Campus Housing
The Vice President of Student Affairs/Dean of Students or designee may remove a student from campus housing as an interim measure while a law enforcement legal proceeding is being resolved or if there is evidence that the student's presence in the residence is presumed to pose a safety risk to themselves or the community.
No Contact Orders
A directive restricting a student from contacting one or more other members of the campus community, by email, telephone, text messaging, social media or any other method of electronic or direct communication. It also includes third parties acting on either students’ behalf. This may occur, among other circumstances, when a disciplinary officer or designee determines that such restrictions are advisable to protect the physical or emotional safety or well-being of specific members of the campus community and/or the orderly functioning of campus operations.
When a verbal no contact order is issued, the issuer will notify the Assistant Vice President of Student Affairs/Dean of Students or designee, who will evaluate and determine if there is a need for a formal no contact order Formal no-contact orders will be issued to all parties in writing. In matters involving alleged violations of the Sexual Misconduct Policy, the Title IX Coordinator may issue no-contact orders in accordance with the Title IX Policy.
The issuance of a No-Contact Order is not a disciplinary sanction and is not part of a student’s disciplinary record unless the student subsequently violates the No Contact Order.
The College may notify parent(s) or legal guardians of dependent students or students under eighteen (18) years of age of the Interim Restrictions and, when applicable, of any alternative housing arrangements.
Investigation and Notification
The Dean of Students or designee will designate a staff member to investigate the charges. In the event of a sexual misconduct charge, the Dean of Students will refer the matter to the Title IX Coordinator. The Dean of Students or designee will make a good faith effort to notify the student or student organization that he/she/they is/are subject to an investigation and that charges will be submitted.
An Administrative Review is a discussion between a student alleged to be in violation of College policy and the Director of Community Standards (or a designated administrator including, but not limited to, Residents Directors and Deans or Directors responsible for oversight of recognized student organizations) or the Administrative Board, and would not normally result in a suspension if the student were found responsible. In an Administrative Review, the Director of Community Standards, or designee, or the Administrative Board and the student usually agree to the fact that a violation occurred. If the student does not agree, the case may be forwarded to a hearing Board.
Students will be notified (typically by email) of specific violations under consideration in advance of an Administrative Review. If the violation involves multiple students (e.g., students who reside in the same dwelling) and if all the students consent and the consent is documented, all the students will be subject to the same Administrative Review.
The Director of Community Standards (or their designated administrator) or the Administrative Board will review the complaint with the Accused and give them an opportunity to respond. If the student accepts responsibility, the Director of Community Standards (or their designated administrator) or the Administrative Board will issue the appropriate sanction(s) including the assessment of points pursuant to the Points System. The number of points assigned is made according to the Table of Violations provided in the Points System section. Administrative Reviews are conducted in private. If a student fails to attend an Administrative Review, the Director of Community Standards (or their designated administrator) or the Administrative Board may resolve the case without benefit of the student’s input or refer the matter to the Student Conduct Committee.
In determining sanctions, the Director of Community Standards (or their designated administrator) or the Administrative Board will take into account the interests of the Accused and the College, previous violations of the Accused, and prior College responses to similar violations. In the case of multiple students who consent to the Administrative Review, each student who accepts responsibility may be subject to different sanctions. Points will be issued ranging from 0 to 7 with accompanying sanctions. The Accused may not appeal decisions made in an Administrative Review.
The Accused and the Complainant will receive written notice of the charges, including date and location of the reported incident(s); the type of hearing that will take place; the date, time and location of the hearing; the hearing procedures that will be followed; the names of the Hearing Board members; and copies of written statements and other pertinent information that will be given to the Hearing Board. This notification may be sent electronically at least 72 hours prior to the scheduled hearing. The student charged may waive the right to this notice.
- If an Accused student fails to appear at the designated time, fails to reschedule with the Dean of Students, or withdraws from College prior to the resolution of the case, a decision may still be rendered and an appropriate sanction may be assessed based on the available information. A hearing may be postponed upon written request to, and at the discretion of, the Dean of Students.
- If a student faces an unresolved charge pertaining to either the Academic Honor Code or the Conduct Code, that student may be denied the opportunity to participate in the Commencement ceremony.
- The Accused and the Complainant may have an Advisor who is a full time employee of the College (faculty, administration, or staff) or student, who is not an attorney or parent/legal guardian, present at the hearing. Advisors are not permitted to participate directly in any hearing. Neither the Accused nor the Complainant may be accompanied by legal counsel (whether a practicing attorney or not), parents or legal guardians.
- The Accused student and/or Complainant may request that a specific member of the Hearing Board be excluded from the hearing for cause. This request shall be made in writing to the Director of Community Standards or the Dean of Students’ designee at least twenty-four (24) hours before the hearing. The final decision on the request will be made by the Director of Community Standards or Dean of Students’ designee. The Director of Community Standards or Dean of Students’ designee will determine whether the information presented is appropriate grounds to excuse a member from the hearing. If a member is excused, the Director of Community Standards or Dean of Students’ designee shall select a replacement from the body of trained Board members.
- Notes may be taken by the participants in the hearing solely for personal use. There will be a single verbatim audio recording of the hearing which shall be the sole property of the Dean of Students Office. This recording will be available only for review by the Accused and or the College in the office of the Dean of Students for the purpose of review in connection of an appeal. The recording will be maintained for a period of four (4) months from the date of appeal period has lapsed or an appeal decision has been rendered, whichever is later.
- In extraordinary cases, where it is determined by the Judicial Body to be appropriate, the Judicial Body may make reasonable accommodations out of concerns for the personal safety or well-being of any of the participants in the process, while taking into account the opportunity to hear and question witnesses.
- When a hearing officer or member of any Board believes that they cannot be fair and impartial during the proceedings, they must recuse themselves from the proceeding request to be replaced by the chair of the Board prior to the process.
- Impact Statements are opportunities for Accused students to provide explanation for how certain or specific sanctions may disproportionately affect them in the event of those students being found responsible. These statements are not read prior to the outcome of the hearing, and only heard during deliberations.
Following the hearing, the Accused and, in the case of a crime of violence, the Complainant will be notified in writing that based on the information presented:
- Conduct code violation(s) has been found and sanctions imposed on the Accused; or
- A violation did not occur and the Accused is not responsible.
This notification shall be sent electronically to the Accused or delivered personally within ten (10) days of the hearing date. If there is evidence that facts of a conduct board hearing indicate a crime of violence has occurred that involves substantial risk of physical force or, such as certain assault offenses, written notification to both parties is required. Third party notification will be made only if there is a finding of responsibility and in the College's discretion.
Upon a finding of a Conduct Code violation, points ranging from 0 to 10 are assigned according to the Table of Violations provided below under the Points System and accompanied by sanctions, including, but not limited to, those listed below may be imposed by the Director of Community Standards or designee.
Points are cumulative over the course of a student’s time at Union College, and previous violations are always considered before points and/or sanctions are assigned for new violations. However, at the time points are assessed, only those points that a student is currently assigned, if any, will be taken into consideration. Particular sanctions are not necessarily associated with particular violations, and more than one of the sanctions listed below may be imposed for any single violation.
A student’s history of inappropriate behavior and the nature or severity of an incident may be considered in determining appropriate sanctions. If judicial sanctions are not fulfilled by the Responsible Student, more serious judicial sanctions may be imposed, including Suspension from the College. In addition to the list of sanctions outlined immediately below, the Table of Violations and Point Range and Table of Points and Sanctions contained in the Points System section below will also be considered when points and sanctions.
- Campus Service: Requirement that the Responsible Student complete a specified number of hours working on campus.
- Community Service: Requirement that the Responsible Student locate and become a long term participant in an organization or project which provides service to the surrounding community. Particular information will be provided by the Director of Community Standards.
- Educational Programs: Requirement that the Responsible Student take part in a required educational program on or off campus. The Judicial Body may require the student to participate in an online educational program that addresses particular issues.
- Expulsion: Permanent separation from the College including loss of student status; reinstatement or readmission is not possible.
- Fine: Requirement to pay a monetary fine.
- Interim Restrictions: Imposition on an interim basis of any sanction or sanctions listed in this Section.
- Loss of Privileges: Denial of specified privileges for a designated period of time. These may include loss or housing privileges or opportunity to participate in term abroad, or in sports. Also includes participation in senior events up to and including Commencement.
- Parental Notification: Parent(s) and/or legal guardian(s) of dependent students may receive notification of judicial sanctions incurred by the Responsible Student in response to violations of designated policies and specified judicial sanctions.
- Physical Restrictions: A directive given to the Responsible Student that does not permit the Responsible Student to be in specified locations on College Premises.
- Probation: The next violation is likely to result in Suspension or Expulsion.
- Residence Reassignment: Relocation to another housing assignment on campus.
- Residence Termination: Removal from campus housing.
- Restitution: Monetary reimbursement to the College, an individual, or an organization for repair or replacement of property damaged, stolen, or misappropriated.
- Suspension: Separation from the College community for a defined period of time, usually no fewer than two (2) Academic Terms. Additional stipulations or conditions for reinstatement may be assigned. Reinstatement is contingent upon a positive administrative review. A student under suspension is not allowed to transfer in credit for courses taken at other institutions during the defined period of time of the suspension.
- Suspension with Academic Delay: The Responsible Student will be suspended from the College, but the commencement of the suspension will be deferred and the Responsible Student will be permitted to remain enrolled in classes until the end of the term. However, if the Responsible Student fails to comply with any interim restriction which may be imposed during the deferral period (e.g., fails to comply with a “no contact” directive), violates the Student Conduct Code while in the deferral period and is found responsible, or fails to complete the assigned sanctions by the given deadline(s), the Responsible Student will be immediately suspended. During the deferral period, the Responsible Student is not considered to be in good standing with the College and may not represent the College on any athletic team other than intramurals, hold an office in any student organization registered with the College, represent the College in any extracurricular activity or official function, or participate in any study abroad program.
- Withholding the Granting of a Degree or Revocation of a Degree: Action by the College to withhold or revoke a Responsible Student’s degree.
- Written Warning: Written notification given to a Responsible Student that continued or repeated inappropriate behavior may result in more formal judicial action. A letter of written warning is kept in the Responsible Student’s judicial file.
The purpose of an appeal is in response to procedure, not to provide the Accused with a new hearing. A student found responsible via a hearing has the right to appeal any decision based only upon the grounds outlined below with respect to the violation(s) found to have occurred. The appeal is to be prepared by the student seeking the appeal, and no other individual on their behalf. There is no option for an appeal of sanctions issued through an Administrative Review (see above). Appeals of hearing decisions must be submitted within five (5) business days of receiving the hearing results.
The Appeal Panel is composed of faculty, staff, and students who serve as Judicial Hearing Board members. Members of the original panel hearing a case cannot serve on the Appeals Panel. Panel members will be free of conflict of interest and bias, and will not serve as an investigator or hearing decision maker in the same manner as in the hearing panel.
Failure to submit an appeal within five (5) business days or any approved extension constitutes waiver of the right to appeal. The imposition of sanctions remains in effect during the period of the appeal proceedings; supportive measures and remote learning opportunities, when applicable, remain available during the pendency of the appeal. In the event of a suspension, the suspension will be stayed until the appeal process has been completed.
The Appeal Panel may review all materials presented at the hearing and may consult with the chair of the appropriate Hearing Board and/or the Director of Community Standards on questions of appropriateness of the sanctions and/or of judicial procedure.
Appeals shall be submitted based on the student’s ability to demonstrate that:
- The hearing was materially inconsistent with the established judicial procedure;
- New information was discovered after the hearing that could not have been readily discovered before the hearing and which might have had an effect on the outcome of the hearing;
- Sanctions are grossly disproportionate to the conduct violation.
An appeal must set forth concisely the grounds for appeal, as well as any supporting material submitted by the student.
The decision must be by a majority vote of the Appeal Panel and will include the rationale for the Appeal Panel’s decision. A written decision will be rendered and communicated by the Appeals Panel, within ten (10) business days of receipt of the appeal. The Appeals Panel may:
- Uphold an original decision (denying an appeal);
- Remove, add, or alter a sanction;
- Remand a case to the original Hearing Panel if possible for a new hearing, or remand a case to a newly composed Hearing Panel if there were procedural violations;
- Remand the case to the appropriate body to reconsider sanction recommendation.
The outcome of the appeal is final.
[Updated April 22, 2021]
Availability of Records
All incident reports, student judicial files, judicial proceedings and outcomes, constitute educational records under the Family Educational Rights and Privacy Act (commonly known as the “Buckley Amendment”) and are subject to its release and confidentiality provisions and the College’s FERPA policy. Under circumstances where the charges involve physical assault, the Complainant as well as the Accused will be informed of the final determination of any Judicial Body.
In matters involving serious offenses, as defined under the FERPA regulations, the College reserves the right to reveal the outcome of any judicial proceedings and the name of any student found to be in violation to the College community. Union College must, upon written request from the victim (or the next of kin if the victim dies) of an alleged crime of violence, disclose to the victim (or the next of kin in the victim dies), the final results of the disciplinary proceeding dealing with the crime or offense.
All non-academic student disciplinary files will be maintained in accordance with Dean of Students Office policies. All academic student records will be maintained in accordance with the Dean of Studies Office policies. The College may inform parents of students who are under the age of 18 or dependent of the outcome of judicial proceedings. If the sanction is Suspension or Expulsion, the College will notify the parent(s) or the legal guardian(s) of a dependent student or a student below 18 years of age.
Transcript Notations & Withholding Degrees
Regarding student conduct matters, the following actions will result in a permanent transcript notation for a student of Union College:
- Dismissal (i.e. expulsion) after a finding of responsibility;
- Suspension after a finding of responsibility; and
- Withdrawal from the College while a conduct process is ongoing/pending.
If the underlying finding of responsibility is vacated for any reason, the transcript notation will be removed.
Degrees will not be awarded to any student alleged to have violated a College policy while these procedures are pending. The College may withhold awarding a degree otherwise earned until the adjudication process set forth in these procedures is complete, including the satisfaction of any sanctions imposed. The College will temporarily note the alleged student’s transcript once a process is made pursuant to any of the College’s policies. The College will also temporarily note the alleged student’s transcript if the alleged student has been temporarily suspended pursuant to these procedures. These temporary notations may not be appealed and will be removed upon resolution of the underlying matter.
Union College shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.”
An appeal in writing may be submitted to the Vice President of Student Affairs seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension. While notations for expulsion shall not be removed, if a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
Organizations & Greek Organizations
With respect to cases involving a student organization, recognized club, athletic team, or Greek organization (collectively “organization”), the Vice President of Student Affairs or designee will decide which Board (Student Conduct Board, Administrative Board, Judicial Hearing Board, or Fraternity and Sorority Conduct Board) may be assigned to hear cases.
The College's decision to hold a student group, club, organization, team, etc. responsible for misconduct of its members is based upon the review of the circumstances supporting the contention that the event where the incident took place was sanctioned by a group or organization whether they are factual or not. In other words, the incident occurred at or in connection with an activity or event that a reasonable person would associate with the group or organization.
The 2020-2021 Academic Year will begin with all student clubs and organizations accused of violating a College policy, including but not limited to: athletic teams, Minervas, theme houses, fraternities & sororities, etc., participating in an Administrative Review until the Organizational Misconduct Board is established in the 2020 Winter Term.
The Administrative Review will involve both the leadership of the student organization/group and the designee responsible for the aforementioned organization/group, and will follow the guidelines established in the Administrative Review section.
The Administrative Review Panel will hear cases of alleged violations of groups of students living off-campus and not in College-owned housing.
The Organizational Misconduct Board will hear cases of alleged violations of organizational policies, Social Events with Alcohol Policy, and all appropriate violations of the Student Conduct Code. The Director of Community Standards or designee will be present throughout the hearing and the deliberations of the Organizational Misconduct Board as an advisor but will not be permitted to vote.
The Judicial Hearing Board will hear cases involving alleged organizational violations of the Hazing Policy (on-, or off-campus) and other major violations, as determined by the Vice President of Student Affairs, and Title IX cases.
The Chair of the Organizational Misconduct Board or Judicial Hearing Board may request that a representative from the responsible administrative department, whichever oversees the organization subject to charges, attend the hearing to provide information about the structure and operation of the organization appearing before the Board.
Immediate Action and Temporary Suspension
The Vice President for Student Affairs or designee has sole discretion to take immediate action to preserve and protect the safety and/or welfare of specific individuals on campus and/or the College community as a whole during an investigation and pending a hearing in a disciplinary case.
This action includes, but is not limited to:
- restricting organizational access to specific areas of campus or facilities,
- imposing no-contact orders or other expectations for interaction with specific individuals or organizations,
- removing an organization from housing,
- restricting living arrangements or activities,
- or any other action deemed appropriate under the circumstances.
The Vice President for Student Affairs or designee may place an organization on immediate temporary suspension pending a hearing when the organization has been cited or charged with serious criminal behavior or when the organization allegedly has violated the Student Conduct Code and the Vice President for Student Affairs or designee concludes that the organization poses a significant risk to the safety or educational environment of the College community.
Initiation of Reports and Investigation
The Student Affairs Office shall be responsible for receiving all complaints. Any member of the College community may file a complaint regarding an organization with the Student Affairs Office. In addition, the Student Affairs Office may initiate a complaint on the basis of information coming to its attention from any source, including the hazing hotline.
The Student Affairs Office shall determine whether complaints or other information concerning an organization shall result in formal disciplinary allegations. Administrative officers and department heads responsible for organizations shall also inform the Student Affairs Office of information coming to their attention regarding possible violations of a College policy or Student Conduct Code by an organization. The Student Affairs Office shall coordinate the community for assistance as necessary.
Where information is received concerning cases where a student organization, recognized club, athletic team, or Greek organization may have violated a standard or rule applicable to the student organization, recognized club, athletic team, or Greek organization which would result in a warning, reprimand, or educational sanction, the organization will be provided a notice and the opportunity to meeting with the appropriate College official responsible for oversight of the organization. This College official will consult with the Dean of Students Office and is authorized to address the matter according to established guidelines and rules. In such cases, the decision of the designated College official shall be final.
- Student clubs and organizations: Director of Student Activities
- Athletic teams: Director of Athletics
- Minerva Houses: Director of Minerva Programs
- Greek organizations: Director of Fraternity & Sorority Life
- Theme Houses: Theme House Advisor
However, where an organization is reported to have engaged in serious misconduct, has engaged in repeated misconduct, or where a sanction, if found responsible, is likely to result in probation, suspension, or loss of privileges, the Director of Community Standards shall pursue formal disciplinary procedures and invoke the full Board hearing process.
An organization that admits responsibility for serious allegations may request to forego a Board hearing and have its case heard by the Director of Community Standards. If the Director of Community Standards agrees to a one-on-one hearing with the organization’s President or designated spokesperson, the Director of Community Standards may impose any sanction(s) appropriate to the circumstances.
With respect to violations of the Hazing Policy, the Director of Community Standards shall consider the recommendations of the Advisory Committee on Hazing and the recommendations of designated student representatives of student organizations. There is no appeal of the sanction.
Organizations admitting to disciplinary allegations and requesting to meet with the Associate Dean of Students/Director of Community Standards individually may not have an Advisor or observer present. If the Associate Dean of Students/Director of Community Standards denies the request for an individual hearing or if the organization prefers to be heard by the Fraternity and Sorority Conduct Board, Student Conduct Board, or Administrative Board, the case will be heard according to standard procedures and sanction(s) will be imposed appropriate to the circumstances.
Adjudication Hearings for Organizations
The Director of Community Standards or designee will be responsible for providing to the Hearing Board the investigative report relating to cases which come before them. Where, after a hearing, the designated Hearing Board finds an organization responsible for one or more violations, it will then recommend sanction(s) to the Director of Community Standards who will then determine the sanction(s) after consideration of the recommendations, except in the case of a violation of the Hazing Policy.
In the case of a violation of the Hazing Policy, the Hearing Board will recommend the sanction(s) to the Advisory Committee on Hazing who will review and agree with or modify the proposed sanction(s) and send their recommendations to the Director of Community Standards who will then determine the sanction(s) after consideration of the recommendations. or designee will be responsible for providing to the Hearing Board the investigative report relating to cases which come before them.
Where, after a hearing, the designated Hearing Board finds an organization responsible for one or more violations, it will then recommend sanction(s) to the Director of Community Standards who will then determine the sanction(s) after consideration of the recommendations, except in the case of a violation of the Hazing Policy.
In the case of a violation of the Hazing Policy, the Hearing Board will recommend the sanction(s) to the Advisory Committee on Hazing who will review and agree with or modify the proposed sanction(s) and send their recommendations to the Director of Community Standards who will then determine the sanction(s) after consideration of the recommendations.
Timing of Hearings
In circumstances where cases involve allegations of organization misconduct as well as individual misconduct, the Director of Community Standards will determine the order in which the various hearings occur. In some situations, conduct that may violate the Student Conduct Code or other College policies may also violate New York State law.
The possibility that an organization may face criminal charges does not limit Student Affairs’ ability to proceed with the College disciplinary process. The College will take independent action based on misconduct that violates the College’s Student Conduct Code or other College policies regardless of the status or outcome of any criminal proceedings.
Sharing of Information
Information from an organization’s hearing that pertains to allegations regarding an individual’s misconduct may be shared with the Chair of the Board conducting the individual’s hearing. Information from an individual’s hearing that pertains to allegations regarding an organization’s misconduct may be shared with the Chair of the Board conducting the organization’s hearing. The Director of Community Standards may attend any hearing as an observer for the purpose of collecting relevant information for a different hearing or may designate an appropriate College official(s) to do so.
Rights, Rules, and Responsibilities: Guidelines for Hearings
Board proceedings are administrative in nature and are not governed by the rights and rules that apply in a court of law. However, if an organization is alleged to have violated the Student Conduct Code or other College policy and must appear before the Organizational Misconduct Board for a hearing, the disciplinary system does provide that organization with certain rights and obligations (as set forth under "Rights of Individuals and Organizations"). These, as well as the rules and responsibilities are described in this section. You can follow this link for more information regarding the Rights, Rules, and Responsibilities of Student Organizations.
Organization Misconduct Records and Reporting
College conduct sanctions are noted in the organization’s file. Student organizations are not protected by FERPA in the way that individual students are protected. The College may, when appropriate, disclose information about organization cases.
Sanctions and Penalties
Fines may be levied by the Director of Community Standards or designee. Such penalties will be in additional to the costs of restitution deemed appropriate. Fines are noted in the organization’s file. Failure to pay fines or restitution would likely lead to additional charges or restrictions.
The Director of Community Standards or designee may impose educational or other requirements. These requirements are meant to provide individual and organizational development, improvement, or education. Failure to fulfill these obligations would likely result in additional charges or restrictions.
The Director of Community Standards or designee can issue warnings for organizations to exercise better judgment. A warning is recorded in the organization’s file. Warnings in an organization’s file may be considered in any future disciplinary proceedings.
A reprimand is noted in the organization’s file. Reprimands in an organization’s file may be considered in any further disciplinary proceedings.
Probation is imposed for repeated misconduct, incidents that involve multiple violations, or other violations that do not warrant suspension. College probation may be imposed either with or without restrictions. Probation may be considered in any future disciplinary proceedings. Organizations on probation at the time of another incident will likely face suspension-level charges.
Restrictions associated with College probation may include, but are not limited to, making restitution for damage caused, loss of privileges of College-associated organizations, ineligibility for participation in designated College-sponsored programs, and /or other appropriate actions.
An organization may be suspended for repeated misconduct or for misconduct found to be sufficiently serious to warrant stopping all activity for a specified number of terms. The Director of Community Standards or designee may impose requirements in connection with suspension such as participation in education and developmental programs and paying restitution for damages caused.
Suspension is recorded in the organization’s file. Suspensions will be considered in any proceedings resulting from further violations of College policies.
Loss of Housing is loss of dedicated College housing for the organization.
Loss of Recognition is permanent revocation of recognition as an organization by the College community and loss of all privileges of such status. Students are not permitted to live in facilities operated by a de-recognized organization. An organization may be separated for extremely serious misconduct or for serious misconduct subsequent to suspension.
The Director of Community Standards or designee may take other actions appropriate to particular circumstances not covered in the preceding list. Some examples of these actions may include, but are not limited to, making restitution for damage caused, prevention of participation in intramural athletics or performance of College-associated organizations, ineligibility for participation in designated College-sponsored programs, and/or other appropriate actions. Any College sanction can include education requirements that the Director of Community Standards or designee feel are appropriate to the situation. Restrictions may also include temporary or permanent removal from College affiliated housing or reassignment within available housing.
The purpose of an appeal is not to provide the organization with a new hearing. The organization may appeal the decision of the Hearing Board based only upon the grounds outlined below with respect to the violation(s) found to have occurred. The appeal is to be prepared by the organization seeking the appeal, not legal counsel. There is no option for an appeal of sanctions issued through a Conduct Conference. Appeals of hearing decisions must be submitted to the Vice President of Student Affairs in writing within five (5) business days of written notification of the hearing results. The imposition of sanctions remains in effect during the period of the appeal proceedings.
The Vice President for Student Affairs may review all materials presented at the hearing and may consult with the Chair of the appropriate Hearing Board on questions of judicial procedure; and the Director of Community Standards, on questions of appropriateness of the sanction(s).
Appeals shall be submitted based on the organizations’ ability to demonstrate that:
- The hearing was materially inconsistent with the established judicial procedure;
- New information was discovered after the hearing that could not have been readily discovered before the hearing and which might have had an effect on the outcome of the hearing.
An appeal must set forth concisely the grounds for appeal, as well as any supporting material submitted by the organization.
A written decision will be rendered by the Vice President for Student Affairs and mailed to the student representative of the organization’s local address, ordinarily within ten (10) business days of receipt of the appeal. Vice President for Student Affairs may:
- Uphold the original decision.
- Remand the case to the appropriate body for rehearing.
The outcome of the appeal is final.
Availability of Records
For individual students, all incident reports, student judicial files, judicial proceedings and outcomes, constitute educational records under the Family Educational Rights and Privacy Act (commonly known as the “Buckley Amendment”) and are subject to its release and confidentiality provisions, and the College’s FERPA policy. However, organization incident reports, judicial files, judicial proceedings, and outcomes in general are not subject to FERPA.
Under circumstances where the charges involve physical assault, the student bringing the charges as well as the organization charged will be informed of the final determination of any Judicial Body. In matters involving serious offenses, as defined under the FERPA regulations, the College reserves the right to reveal the outcome of any judicial proceedings and the name of any student found to be in violation to the College community. Union College must, upon written request from the victim (or the next of kin if the victim dies) of an alleged crime of violence, disclose to the victim (or the next of kin in the victim dies), the final results of the disciplinary proceeding dealing with the crime or offense.
All organization disciplinary files will be maintained in accordance with Dean of Students Office policies. The College may inform parents of students who are under the age of 18 or dependent of the outcome of judicial proceedings. If the sanction is Suspension or Expulsion, the College will notify the parent(s) or the legal guardian(s) of a dependent student or a student below 18 years of age.