Sexual Misconduct Policy - Sanctions and Impact Statements
A Judicial Board that finds a respondent responsible for a violation of this Policy may consider the impact statements of the complainant and respondent, if submitted, and recommend appropriate sanctions that may include, but are not limited to, those set forth below. Sanctions may be issued individually, or a combination of sanctions may be imposed. The complainant and respondent will each have one (1) business day from being notified of a finding of a violation to present a written statement about impact and/or requested sanctions. The Judicial Board will review these statements only if the respondent has been found responsible for one or more violation.
- New York State law requires that any student determined to have committed sexual assault may receive a sanction ranging from suspension to expulsion. A student returning from suspension will return on probation, with 8 points.
- Any student who is determined to have committed non-consensual sexual contact or any other prohibited form of conduct may receive 2-9 points and a sanction ranging from conduct warning to expulsion.
The Senior Associate Dean of Students/Director of Student Conduct may deviate from the range of recommended sanctions, based upon a full consideration of the following factors:
- The respondent’s prior discipline history;
- How the College has sanctioned similar incidents in the past;
- The nature and violence of the conduct at issue;
- The impact of the conduct on the complainant;
- The impact of the conduct on the community, its members, or its property;
- Whether the respondent has accepted responsibility for his/her actions;
- Whether the respondent is reasonably likely to engage in the conduct in the future;
- The need to deter similar conduct by others; and
- Any other mitigating or aggravating circumstances, including the College’s values.
In appropriate cases, a Judicial Board may determine that the conduct was motivated by bias, insofar as a complainant was selected on the basis of his or her race, color, ethnicity, national origin, religion, age, disability or other protected class as defined in federal and/or state laws. Where the Judicial Board determines that student misconduct was motivated by bias, the panel may elect to recommend an increase in the sanction imposed as a result of this motivation.
The Judicial Board will make a recommendation about the appropriate sanction(s). The Senior Associate Dean of Students/Director of Student Conduct may affirm or modify the recommended sanction(s). The Senior Associate Dean of Students/Director of Student Conduct will review the Judicial Board’s recommendations and take reasonable steps to foster consistency with similar violations and circumstances.
Upon a finding of proscribed conduct, points ranging from 0-10, accompanied by sanctions including but not limited to those listed below, may be imposed.
Requirement that the respondent take part in a required educational program on or off campus. The Judicial Board may require respondent to participate in an online educational program that addresses particular issues.
Permanent separation from the College including loss of student status; reinstatement or readmission is not possible.
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.
A directive given to the respondent that does not permit him/her/them to be in specified locations on College Premises.
The next violation is likely to result in Suspension or Expulsion.
Relocation to another living space on campus.
Removal from campus housing.
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 student will be suspended from the College, but the commencement of the suspension will be deferred and the student will be permitted to remain enrolled in classes until the end of the term. However, if the 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” order), 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 student will be immediately suspended. During the deferral period, the 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 revoke a student’s degree or to withhold it for a specified amount of time.
More than one of the sanctions listed above may be imposed for any single violation.