When a student is documented, an incident report is submitted to the Judicial Affairs Office. The Judicial Affairs Office is responsible for reviewing and handling all reports of alleged violations of the Code of Student Conduct. When a report is received, a judicial officer determines how the case will be processed based upon the allegation and evidence presented. The alleged violation can be handled through one of the following:
a. Residence Hall Director Meeting or Hearing
b. Disciplinary Conference
c. Judicial Hearing
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What is a Residence Hall Director (RHD) Meeting?
RHDs will adjudicate some cases of alleged student misconduct. The residence hall director will notify the students in writing of alleged charges. If a student accepts responsibility, the decision is considered final and there is no appeal. However, if the student does not accept responsibility, the RHD will explain his/her option for requesting a Residence Hall Director (RHD) Hearing.
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What is a Disciplinary Conference?
A disciplinary conference is a meeting between students who are charged with alleged violations of the Code and a judicial officer. During this time, students are given the opportunity to discuss the situation. The student may choose to take responsibility for his or her actions and signs an administrative judicial agreement to resolve the case or the student may request a hearing.
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What is involved with a hearing?
A hearing involves student and faculty/staff justices who listen to cases of alleged violations of Cortland's Code of Student Conduct, and determine whether a student is in violation or not in violation of the charges. The respondent will have the opportunity to tell the board what occurred during the incident in question and will answer questions by the panel. Witnesses will also be involved in this process and will be asked questions by the panel; a respondent is also given the opportunity to present witness on his/her behalf and to question all witnesses. The board uses "preponderance of the evidence" as its standard of proof and will determine any sanction(s) if the respondent is found in violation of any charges. If a student has a prior judicial record, that information is not available to the board unless a student is found in violation of a charge. If the "in violation" finding is determined, a board then needs to have information on a student's past record. Students are notified in writing of the board's decision within 10 school days. Typically, if more than one student is involved in an incident and the case goes to a hearing, one hearing is held for all students who were allegedly involved.
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Who is on the Judicial Review Board (JRB) and College Hearing Panel (CHP)?
Both the JRB and CHP consist of students and faculty/staff justices who are selected and trained by the Judicial Affairs Office. Typically Judicial Affairs has a pool of 15-25 student justices and 40-50 faculty/staff justices and they are selected for panels based upon scheduling availability. The JRB is composed of one student justice, two faculty and/or staff members and a judicial advisor. The CHP is composed of three student justices, two faculty and/or staff members and a judicial advisor. Occasionally the judicial officer at his/her discretion will assign a hearing at an administrative hearing level with one faculty or staff member serving as the hearing officer.
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Can I attend the hearing with my student?
Respondents are entitled to have one advisor with them throughout the hearing process. If a student opts to have an advisor, typically the student will choose a parent, coach, academic advisor, professor or a student advisor offered through the Judicial Affairs Office upon request.
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Does my student need a lawyer?
No, the judicial process is not the same as a criminal process, and lawyers are not necessary. However, a student is entitled to have one advisor for their judicial process. Anyone, including an attorney, parent, coach, faculty/staff member, or in some cases, a student advisor may serve as an advisor at a hearing. Advisors are NOT permitted to speak during a hearing. Respondents must represent themselves. Keep in mind that if a student is facing both college judicial charges and criminal charges for the same incident, a student may wish to consult an attorney regarding any concurrent or subsequent criminal case.
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Does being found responsible for a college violation give you a criminal record?
No, violations of the Code of Student Conduct do not result in a criminal record. However, if a student is going through the criminal process, as well as the SUNY Cortland judicial process for the same incident and is found guilty in the criminal process, it may result in a criminal record. A student's college disciplinary record is considered part of the education record and a separate disciplinary file is maintained in the Judicial Affairs Office. Education records are protected by privacy laws as outlined in the Family Educational Rights and Privacy Act (FERPA).
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How long does it take to resolve a case?
The Judicial Affairs Office will try to resolve a case as quickly as possible. However, we are required per the Code of Student Conduct to give students at least 3 days notice for a Disciplinary Conference and at least 4 days notice for a hearing. A student may choose to sign a waiver of notice days if they wish to try to resolve the case earlier. However, resolving cases earlier will depend on schedules of individuals involved in the case and any pending cases involving that student.
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How is a respondent found responsible in the judicial system?
The standard of proof used within the SUNY Cortland judicial system is the preponderance of evidence, or it is more likely than not (51% or greater probability) based on evidence presented that a respondent violated the policy.
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Can a student appeal a judicial decision?
There are four different appeals processes, depending on the nature of the proceeding and/or sanction. Two bodies, the Appeals Committee and the Suspension Review Panel (SRP) handle the majority of appeals. The Appeals Committee hears all appeals of judicial hearings, except those involving recommendations for suspension or permanent dismissal. Decisions of the Appeals Committee are final. The SRP automatically hears all cases involving the recommendation for suspension or permanent dismissal of a student. The director of judicial affairs hears appeals of residence hall director hearings. The vice president for student affairs reviews appeals after the SRP process is exhausted upon written request of the student within five days of receiving a decision. Decisions by the vice president for student affairs are final.
A student may appeal based on the any of following:
1. Procedural Error
2. Unsupported Conclusion
3. Disproportionate Sanction
4. New Evidence
For more information regarding the appeals proccess, please refer to the Code of Student Conduct.
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Sanctions
What are sanctions?
Anyone may make a bad decision here or there. We want students to learn from any poor choices. Therefore, sanctions imposed upon a student are educational in nature. Our goal is for each student to learn from a bad decision and equip themselves with the skills to make better decisions in the future. While some sanctions may be perceived as punitive, the judicial process seeks to assign sanctions with educational purpose, and sanctions are intended to balance the needs of the individual with the needs of the college community. Sanctions may range from assignments like periods of probation, educational programs or reflection papers, community service, to suspension or dismissal. There are a variety of sanctions outlined in the Code of Student Conduct.
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How are sanctions determined?
Each student and each judicial situation is looked at on a case-by-case basis. Many factors go into reaching a decision regarding sanctions. For example, Judicial Affairs takes into consideration the nature of the alleged violation and whether or not a student has a prior judicial record. Precedent and consistency are important factors in the sanctioning process. We have developed typical sanctions for alcohol and drug violations in order to be as consistent as possible, however some situations may warrant departures from the typical sanctions.
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I remember hearing about the "3 strikes" policy at Orientation, what does that mean again?
A "strike" is simply a violation of the alcohol or drug policy. We use this terminology to convey that repeated violations in this category can result, metaphorically, in a "three strikes and you're out" judicial situation. Other Code violations are not considered to be "strikes."Please refer to the "Did You Know" page on the Judicial Affairs Web site.
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Parental Notification
How will I find out my son/daughter has an appointment with Judicial Affairs?
Communicate with your student. Judicial Affairs will notify a student of when their meeting will take place. Parents of dependent students are notified once the assigned sanctions are final, at the expiration of any appeals process.
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How will I be notified?
Parental notification will consist of a copy of the decision letter sent to the student, and a cover letter to the parents from the vice president for student affairs.
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Judicial Records
My child is an education major, how will a violation of the Code affect his/her status?
Students in education majors will have judicial background checks prior to being admitted to a teacher education major and prior to doing fieldwork. Certain offenses may have consequences with education program enrollment.
If a student is concerned about their status as an education major, he/she should meet with the associate dean for the student's specific academic program to discuss their status. Education majors are asked to disclose judicial violations to the associate dean.
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Will employers find out about a students judicial record?
Per FERPA, a judicial record is part of their education record, which means it is confidential information and will not be shared without consent of the student. Employers are not informed of a student's prior judicial record unless a student gives the employer permission. Typically, a student will sign a written consent form indicating that the College may release information to the employer or agency. Often, the employers interested in student judicial files include government agencies such as the FBI, CIA, NYPD, etc.
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What happens to a student's judicial file after graduation?
Judicial files are retained for a period of one year after the student's date of graduation, unless the record must be maintained for federal recordkeeping requirements (7 years) or unless the record involved disciplinary suspension or dismissal. Cases involving disciplinary suspension or dismissal will be retained permanently.
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Other Important Information for Parents
Association for Student Judicial Affairs (ASJA) Parent Publication The Student Conduct Process - A Guide for Parents
Did You Know?
www.cortland.edu/judaffairs/didyouknow.html
SUNY Cortland Code of Student Conduct www.cortland.edu/judaffairs/code.html
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