D18.0
RIT STUDENT CONDUCT PROCESS
I. INTRODUCTION
An orderly environment promoting freedom of expression and inquiry is essential
to the academic community. Society and educators alike have long recognized
the desirability of academic institutions being fairly autonomous within the
society, but this autonomy carries with it certain rights and responsibilities
for students, faculty and administrators; likewise, the university community
is not a haven from the laws, mores, and contemporary issues of the external
society. When the boundaries between appropriate and inappropriate actions or
behaviors are crossed, there need to be well-established procedures within the
university community for dealing with the misconduct. If such a system of internal
rights, responsibilities, and corrective action is at all times grounded in
principles of reasonableness and fairness for all concerned, the system itself
will promote the educational process and enhance the highest aims of the academic
community.
Universities no longer operate with an in loco parentis relationship between
the institution and its students where administrators determined the students’
"best interests" while students relied on the administration to protect
them from the consequences of their actions. Today the university is expected
by students, their families, and an increasingly litigious and regulated society
to provide for the reasonable security and well-being of its students as well
as expected to hold its students accountable for their actions as adults.
Within this social context, RIT has adopted the following principles to govern
its internal student conduct processes for responding to student misconduct:
A. Students are adults who are responsible for the consequences of their actions.
An academic institution can and should discipline a student who violates institutional
rules, particularly when the student’s conduct interferes with the safety or
rights of other members of the institutional community (including fellow students,
faculty, staff and visitors to the campus). On the other hand, students are
responsible for using common sense and prudence in looking after their own safety
and the safety of their property. The institution can try earnestly to maintain
a safe campus, but it cannot guarantee students that they will be safe in all
circumstances, particularly at parties which do not comply with RIT policies
or when their own actions put them at risk (as with use of alcohol and drugs).
B. The academic institution is not a microcosm of the general community; it
is a special purpose community and only activities related to the achievement
of its educational purposes are proper to the community.
C. Academic institutions are neither law-enforcement agencies nor sanctuaries
from the law. Criminal and civil laws still apply within the academic community.
In addition, the institution has the authority to establish further policies
and rules to discipline students who break these policies and rules. Where the
interests of the academic institution and the members of the institutional community
are involved, the special authority of the institution will be asserted. In
short, the students neither relinquish civil rights nor acquire additional rights
by virtue of being within an academic community; they do, however, take on additional
responsibilities.
D. Except for violations of civil or criminal law, the internal affairs of the
educational institution are best handled by the institution itself without resort
to outside intervention. There can be no guarantee that outside agencies will
not choose to intervene on their own, but such possibilities are greatly diminished
if the institution has established, well-defined processes to provide adequate
protection of the personal safety and academic rights of all its members and
to insure that principles of fairness are followed.
E. If a student is charged with or convicted of an off-campus violation of the
law, the institute may become involved if this action affects the student’s
academic performance or if the behavior demonstrates disregard for the rights
of others which might result in on-campus behavior which is harmful to others.
Students charged with or convicted of off-campus violations of the law may also
be charged with violation of institutional rules or regulations based on the
same incident; double jeopardy does not legally exist in such situations, but
the institutional sanctions should be relevant to the educational and institutional
community interests to be protected.
II. STUDENT RIGHTS
A. The RIT Student Bill of Rights guarantees to all students:
1. Retention of their rights as citizens of the community at large.
2. Protection in the classroom of freedom of expression and against improper
academic evaluation.
3. Protection of their rights to privacy (in accordance with the Buckley Amendment
and Family Educational Rights and Privacy Act) regarding access to and disclosure
of student records.
4. Student activities’ rights regarding freedom of association, inquiry, and
expression, along with the right to participate in Institute governance and
to maintain a student press free from censorship.
5. The right to be free in their persons, living quarters, papers, and effects
against unwarranted searches and seizures.
6. The right to remain silent and to be provided with basic due process in disciplinary
proceedings.
7. The right to be informed of any risks involved in acting as human subjects
for research activities and also the pertinent details of any sponsored research
conducted through RIT, including the existence of any restricted components.
III. PROSCRIBED CONDUCT
A. General Applicability
Generally, RIT jurisdiction and discipline will be applied to student conduct
which occurs on Institute premises or during the course of off-campus activities
related to RIT, or which adversely affects the Institute community and/or the
pursuit by the Institute of its educational mission.
Students subject to jurisdiction and discipline include all persons taking courses
or training at RIT, both full-time and part-time, graduate and undergraduate.
Individuals who are not officially enrolled during a particular term but who
have a continuing relationship with the Institute, including those on co-op,
are considered students. All those who reside in Institute housing (residence
halls and apartments) are subject to this policy; students are responsible for
the behavior of their visitors, guests or family members and can be personally
sanctioned, including being removed from housing, for the violation of RIT policies,
rules and regulations by those individuals. Student organizations and their
officers are also expected to conform to RIT policies, rules and regulations;
organizations and their officers can be sanctioned for failure of the organizations
to do so.
Normally, RIT discipline will be limited to social or academic sanctions for
misconduct which adversely affects the Institute’s pursuit of its educational
objectives, including maintaining an appropriate campus environment. However,
RIT may institute civil or criminal proceedings against a student in a case
where such unusual action is warranted by the circumstances. The Vice President
for Student Affairs or his/her delegated representative will decide when the
Institute should press civil or criminal charges against a student.
RIT disciplinary charges may be brought against a student charged with a violation
of the law which is also a violation of RIT policies, rules and regulations,
without regard to pending litigation in court or criminal arrest and prosecution.
Proceedings under the RIT Student Conduct Process may be carried out prior to,
simultaneously with, or following civil or criminal proceedings off campus.
If a student is charged only with an off-campus violation of federal, state,
or local laws, but not with any violation of RIT policies, rules and regulations,
RIT disciplinary action may still be taken and sanctions imposed for serious
misconduct which demonstrates disregard for the rights of others, or which adversely
affects the RIT community and/or the pursuit of its objectives. In such cases,
interim suspension or restrictions may be imposed even before the student has
been found guilty in a court of law.
When a student is charged by federal, state or local authorities with a violation
of the law, and the alleged offense is also the subject of a proceeding under
the RIT Student Conduct Process, RIT may advise off-campus authorities of the
existence of RIT Student Conduct Process and of how such matters will be handled
internally within the Institute community. The Institute will cooperate fully
with law enforcement and other agencies in the enforcement of criminal law on
campus and in the conditions imposed by criminal courts for the rehabilitation
of student violators. Individual students, faculty and staff, acting in their
personal capacities, remain free to interact with governmental representatives
as they deem appropriate.
B. RIT CONDUCT CODE
Any student/organization found to have committed the following prohibited conduct
will be subject to disciplinary sanctions:
1. ENDANGERING BEHAVIOR: Conduct that threatens or endangers the health and/or
safety of a person(s);
2. FRAUD: All forms of dishonesty including cheating, plagiarism, knowingly
furnishing false information to the Institute, and forgery, alteration or use
of Institute documents or instruments of identification with intent to defraud;
3. INAPPROPRIATE BEHAVIOR: Unreasonable disruption or obstruction of teaching,
research, administration, disciplinary proceedings, or other Institute activities;
4. HARASSMENT: Abuse, threats, intimidation, assault, coercion and/or conduct,
by physical, verbal, signed, written, photographic or electronic means, which
threatens or endangers any person on RIT premises or at Institute sponsored
or supervised functions;
5. SEXUAL MISCONDUCT: All forms of sexual misconduct, including any form of
unwanted sexual contact; "unwanted" means against a person’s wishes
or without consent, including those instances in which the individual is unable
to give consent because of unconsciousness, sleep, impairment, or intoxication
due to alcohol or other drugs;
6. THEFT/VANDALISM: Attempted or actual theft of, damage to, or unauthorized
possession or alteration of either RIT property, or the property of a member
of the Institute community or other personal or public property;
7. FAILURE TO COMPLY: Failure to comply with directions of RIT officials or
law enforcement officers acting in performance of their duties; obstruction
of the performance of these duties or failure to identify oneself to these persons
when requested to do so;
8. VIOLATION OF RIT POLICIES: Violation of published RIT policies, rules, and
regulations including, but not limited to, the RIT Student Bill of Rights, the
RIT Policy Prohibiting Discrimination and Harassment, the RIT Alcohol and Drug
Policy, the RIT Parking and Traffic Regulations, the RIT Code of Conduct for
Computer Use, RIT Academic Regulations, RIT Policy on Academic Dishonesty, RIT
Smoking Policy, the RIT Residence Halls and Apartments Terms of Occupancy, and
other published Institute policies, rules and regulations including those related
to entry into and/or use of Institute rooms, buildings, and facilities;
9. OFF CAMPUS BEHAVIOR: Any off-campus conduct which RIT deems demonstrates
disregard for the rights of others;
10. HAZING: any intentional or reckless act; occurring on or off the campus
of RIT; by one person alone or acting with others; directed against an RIT student;
that endangers the mental or physical health or safety of that RIT student;
and is reasonably believed by that RIT student as being for the purpose of pledging,
being initiated into, affiliating with, holding office in, or maintaining membership
in any organization whose members are or include students at RIT or other universities.
For the purposes of this section, the term “organization” includes, but is not
limited to, any Greek organization, athletic team or other RIT-recognized student
organization.
The term “hazing” as defined here includes, but is not limited to:
1. Physical brutality, such as whipping, beating, striking, branding, electronic shocking, or placement of a harmful substance on the body;
2. Other physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, physical bondage, calisthenics, “road trips” or taking a student to an outlying area and dropping him/her off, compulsory servitude or other activity that subjects the student to an unreasonable risk or harm or that may adversely affect the mental or physical health or safety of the student;
3. Consumption of food, water, other liquid, alcoholic beverage, drug, or other substance which subjects the student to an unreasonable risk of harm or which otherwise may adversely affect the mental or physical health or safety of the student;
4. Activity that creates an unreasonable risk of causing severe psychological shock or public humiliation to the student;
5. Activity that induces, causes or requires the student to perform a duty or task which involves a violation of local, state or federal laws, or the RIT Code of Conduct; and
6. Any misuse of authority by virtue of one’s class rank, organizational position, longevity in the organization and/or leadership role.
Failure to report such activities to an appropriate university official (such as RIT Campus Safety, Greek Affairs, Center for Intercollegiate Athletics and Recreation, Vice President for Student Affairs, Center for Student Conduct and Conflict Management Services) is additional, independent grounds for violation under this section. Students who report hazing activities to an appropriate university official on a timely basis will not be subject to penalty for this failure to report through the RIT Student Conduct process. Such immunity shall only pertain to the charge of failure to report, and not an independent allegation of hazing.
Any organization that violates this section may also be subject to discipline
under the RIT Code of Conduct separate from those involving individual students.
11. FIRE/FIRE SAFETY: Setting a fire, causing a false fire alarm, or causing
an unreasonable situation that creates a fire safety hazard;
12: UNAUTHORIZED ENTRY/DUPLICATION: Unauthorized possession, duplication or
use of keys to any Institute premises or unauthorized entry to or use of Institute
premises;
13. VIOLATION OF THE LAW: Violation of federal, state or local law on Institute
premises or at Institute sponsored or supervised activities;
14. WEAPON POSSESSION: Illegal or unauthorized possession of firearms, explosives,
other weapons or dangerous chemicals on Institute premises;
15. DISRUPTION OF RIT EVENTS/TRAFFIC: Intentional obstruction of or dangerous
interference with the free flow of pedestrian or vehicular traffic on Institute
premises or at Institute sponsored or supervised functions; intentionally leading
or inciting others to disrupt scheduled and/or normal activities of others within
any campus building or area;
16. DISORDERLY CONDUCT: Conduct which is disruptive, lewd or indecent and breaches
the peace of the community, regardless of intent;
17. RIT ORGANIZATION VIOLATION: For student organizations and their members,
violation of the provisions of the regulations or agreement governing the organization’s
relationship with RIT;
18. OBSTRUCTION OF RIT STUDENT CONDUCT PROCESS: Abuse of the RIT Student Conduct
Process including, but not limited to:
a. Failure to obey a request to appear by a student conduct body or Institute official;
b. Falsification, distortion or misrepresentation of information or charges before a student conduct body or Institute official;
c. Disruption or interferences with the orderly conduct of a student conduct proceeding, including attempting to discourage an individual’s proper participation in or use of the student conduct system;
d. Attempting to influence the impartiality of a member of a student conduct body prior to and/or during the course of the student conduct proceeding; and
e. Failure to comply with the sanction imposed by a student conduct body or Institute officials; and
19. STALKING: Stalking occurs when a person engages in a course of conduct
directed at a specific individual that is likely to cause such individual to
have a reasonable fear of harm to his or her physical or emotional health, safety
or property. Such conduct may include, but is not limited to: repeatedly engaging
in unwanted contact or communication (including but not limited to, face-to-face
communication, telephone calls or messages, electronic mail, written letters,
gifts, or threatening or obscene gestures); surveillance; following; trespassing;
or vandalism.
20. GAMBLING - Possession of gambling devices, operation of lotteries and/or
the promotion of gambling is prohibited.
All registered students at RIT will be provided a Student Rights and Responsibilities Handbook which contains descriptions of the primary rights, responsibilities, policies, rules, regulations, and possible sanctions governing student conduct.
IV. WARNINGS AND SANCTIONS
All of the sanctions (including disciplinary expulsion) may be imposed by the
designated Student Conduct Officer. All such sanctions may be appealed pursuant
to the appeal procedures in Section VI.
A Disciplinary Warnings.
The following disciplinary warnings may be imposed upon students/organizations
by RIT academic or administrative officials; such warnings are not subject to
appeal:
1. Admonition: An oral or written statement to a student informing him/her that
he or she has violated or is violating Institute policies, rules, or regulations.
2. Warning: Written notice to a student that continued or further violations
of any Institute policy, rule, or regulation within a specific period of time
(not to exceed one [1] calendar year) may result in more severe disciplinary
action.
B. Disciplinary Sanctions
The following disciplinary sanctions may be imposed on students/organizations:
1. Disciplinary Probation: Exclusion from use of specified Institute facilities
or from participation in certain privileged or extracurricular Institute activities
and/or requirement to fulfill certain conditions as specified in the probation
notice, plus notification that violation of any Institute policy, rule or regulation
during the term of the disciplinary probation status will result in more severe
sanctions. Disciplinary probation generally is not imposed for more than one
(1) calendar year.
2. Removal from RIT Housing: Exclusion from living in and/or visiting RIT housing
facilities, either temporarily or permanently, or residential reassignment,
as specified in the sanction notice.
3. Deferred Disciplinary Suspension: Deferral of the imposition of disciplinary
suspension subject to such conditions as are specified in the sanction letter.
4. Disciplinary Suspension: Exclusion from classes and/or other privileges and
activities as set forth in the suspension notice for a definite period of time,
generally not to exceed two (2) calendar years.
5. Disciplinary Dismissal: Exclusion from classes and/or other privileges and
activities as set forth in the dismissal notice for an indefinite period of
time with specific requirements needed to be fulfilled before readmission will
be considered.
6. Disciplinary Expulsion: Termination of student status. Under normal circumstances,
readmission is not possible.
C. Disciplinary Conditions
The following disciplinary conditions may be imposed on students/organizations:
1. Discretionary Actions: Work assignments, community service, and other related
sanctions including, but not limited to:
a. Letter of apology
b. Essay or research paper on assigned topic
c. Participation in an educational group or class
d. Program presentations
e. Mandated counseling session
f. Loss of privileges
g. Substance abuse education and/or evaluation
2. Bar Against Registration: This sanction may apply to a student who fails
to pay a debt owed to the Institute, fails to comply with or submit to disciplinary
procedures or in other appropriate circumstances. It may be applied in situations
where there is a need to resolve a pending disciplinary charge, even in the
case of an individual who is not currently a student.
3. Withholding of Records: Students who fail to pay a debt owed to the Institute
may have transcripts, degrees and other records withheld until the debt is paid.
Grade reports will not be withheld.
4. Organizational Restriction: A student group or organization loses certain
or all privileges, including RIT recognition, for a period of time or permanently.
Disciplinary suspension or expulsion from the Institute will most likely occur
when a student or organization has been found responsible for one or more, but
not limited to, the following behaviors:
a. Permitting or engaging in hazing
b. Setting fires or intentionally causing a false fire alarm
c. Possession of or threats involving weapons or explosives
d. Possession or sale of illegal drugs
e. Physical abuse, violence, sexual assault or threats directed toward anyone in the RIT community
f. Computer misconductg. Repeated violations of the RIT Code of Conduct
If an organization with a national affiliation (i.e., a Greek-letter organization)
is found responsible for misconduct and is placed on a sanction of Disciplinary
Probation or higher, RIT will inform the national office of the decision.
D. INTERIM SUSPENSION OR RESTRICTIONS
In serious cases, the Vice President for Student Affairs or the Assistant to
the Vice President for Student Affairs/Director, Student Conduct & Mediation
Services may impose interim suspension from the Institute or from Institute
housing or such other interim restrictions as he or she in good faith believes
are advisable to ensure the physical or emotional safety and well-being of members
of the Institute community, the student’s own physical or emotional safety and
well being, the preservation of Institute property, or safety and order on Institute
premises. Interim suspension or restrictions also may be imposed when a student
is arrested by an outside law enforcement agency on charges that indicate to
the Vice President for Student Affairs or the Assistant to the Vice President
for Student Affairs/Director, Student Conduct & Mediation Services that
the student’s presence on campus might involve one or more of the foregoing
factors. An interim suspension, removal from Institute housing or other interim
restrictions may be imposed before, during or after the hearing and during the
appeal process.
A student subject to interim suspension or restrictions will receive written
notice of the suspension or restrictions imposed as well as the notice of the
process for resolving the interim restrictions. The interim sanctions will endure
until the student requests a hearing and the charges are heard and determined
by the Assistant to the Vice President for Student Affairs/Director, Student
Conduct & Mediation Services.
V. DISCIPLINARY HEARINGS
A. Charge and Initial Decision to Pursue Disciplinary Process.A. Charge and Initial Decision to Pursue Disciplinary Process.
Student Conduct Hearings
Student misconduct cases are resolved through hearings held by the designated
Student Conduct Officer, appointed by the Vice President for Student Affairs.
Generally, the Student Conduct Officer will be the Assistant to the Vice President
for Student Affairs/Director, Student Conduct & Mediation Services Administrator,
who is responsible for the administration of the Institute’s Student Conduct
System.
Residence Life administrators and other Institute officials may also hold administrative
hearings and impose appropriate sanctions. In all such instances, students may
appeal to the designated Student Conduct Officer by using the appeal procedures
listed in Section VI. The decision rendered by the designated Student Conduct
Officer is then final.
Complaints of Misconduct
Any member of the Institute community may file a complaint against any student
for misconduct. A complaint concerning non-academic conduct matters is normally
made to Campus Safety, although complaints also can be made directly to the
designated Student Conduct Officer in the Office of Student Affairs. Campus
Safety will investigate the complaint and send a written report to the designated
Student Conduct Officer. If the complaint involves residence life issues, a
copy of the report is also sent to the relevant Residence Life administrator.
The designated Student Conduct Officer will conduct an initial review as is
appropriate to determine if the charges appear to have merit and/or require
further investigation and a student conduct hearing. The designated Student
Conduct Officer will decide whether the case should be handled by the relevant
Residence Life administrator, by another RIT administrator or through the formal
hearing process.
B. Hearing Process
An accused student will be asked to meet with the designated Student Conduct
Officer and will be informed of the fact that a complaint has been filed against
him or her and the date, time and place of the formal hearing.
1. Advocates: The student will be informed that he or she has a right to bring
to the hearing an advocate chosen from among the RIT faculty, staff or student
body who is not a lawyer. Advocates can actively participate in the formal hearing
process. The Coordinator for Advocacy upon request will assist the accused student
in obtaining an advocate or provide information and training to those faculty/staff
advocates new to the RIT Student Conduct Process.
2. Lawyers: A student may bring a lawyer to the hearing as an advisor only when
the case has resulted in an arrest and is also being heard in a court of law.
If a lawyer is present during a formal hearing or appeal presentation, the lawyer
cannot participate in the hearing process; he or she can observe the hearing
process and give the client personal counsel. If the designated Student Conduct
Officer determines that the conduct of a lawyer present during a hearing is
inconsistent with the RIT hearing process, the hearing may be terminated at
that time or the lawyer excused from the remainder of the formal hearing.
3. Hearing Participants: The designated Student Conduct Officer determines and
facilitates the process followed in a hearing. Other persons who might be present
at the hearing include a Campus Safety investigator, other appropriate Institute
personnel (e.g., a representative from Residence Life or Greek Affairs) or an
interpreter if the student or any of the others involved is deaf. In sexual
misconduct cases, and in other cases at the discretion of the designated Student
Conduct Officer, the complainant and his or her advocate will be invited to
be present and may participate in the discussion.
4. Recording of the hearing: The hearing will be tape recorded. The student
will be informed upon entry into the hearing location of the taping. The tape
of the hearing is the property of RIT, but accused students may request a copy
of the tape recording or transcript (when necessary) by submitting a written
request to the Office of Student Conduct and Mediation Services and will receive
a copy within one week after the request has been made. The tape of the hearing
will be kept in storage in the event the accused requests an appeal; at that
time, the tape recording will be submitted to the Institute Appeals Board for
use during the appeal process. The tapes will be destroyed either after the
appeal date has passed, or at the discretion of the Vice President for Student
Affairs.
C. Notification Process:
1. Notice of Allegations: The student will be sent written or electronic notice
of the allegations brought forth as a complaint. The accused will be asked to
contact the Office of Student Conduct for scheduling. The written notice shall
describe the misconduct of which the student is being charged, and specify the
Institute’s policy, rule, or regulation upon which the charges are based. The
written notice of charges shall include the names of individuals expected to
be present at the hearing. The accused will be given a copy of the RIT Hearing
Procedures and asked to review the RIT Student Conduct Process documented in
the Student Rights and Responsibilities Handbook.
2. Scheduling: The hearing will be arranged expeditiously after the student
receives notice of the complaint. All hearings will be conducted in private.
At hearings involving more than one accused student, the designated Student
Conduct Officer, in his or her discretion, may permit hearings concerning each
student to be conducted separately.
D. Procedures at the Hearing and Accused Rights:
1. The designated Student Conduct Officer will inform the student that the
hearing is being tape recorded.
2. The designated Student Conduct Officer will review with the student a copy
of the “Student Bill of Rights”and ask the student to sign it, acknowledging
that it has been reviewed and understood.
3. The designated Student Conduct Officer will read aloud all of the materials
or evidence that has been submitted by witnesses, Campus Safety, Residence Life,
or others. The materials usually consist of, but are not restricted to, a summary
of the case written by Campus Safety plus statements from witnesses, or other
persons involved in the situation.
4. After the submitted materials and evidence have been read the student will
have an opportunity to refute or explain the materials or evidence or add information.
The designated Student Conduct Officer and other Institute officials present
will ask the student questions and discuss the case. The student may choose
to remain silent, not answer any questions and not make any statements, or the
student (and his or her advocate) may participate in the discussion.
5. The accused student, the advocate, and the designated Student Conduct Officer
have the privilege of bringing in witnesses and questioning the witnesses of
others. The RIT Student Conduct Process is not a court of law and legal rules
of evidence and procedure do not apply. The designated Student Conduct Officer
will determine in his or her sole discretion the range of testimony permitted
by witnesses and items of information which will be considered based on principles
of fundamental relevance and fairness.
6. If the designated Student Conduct Officer determines that a witness or complainant
may be emotionally harmed by giving evidence in the presence of the accused
student, the designated Student Conduct Officer may make other arrangements
(such as use of a screen or of video taping) to allow the testimony while not
depriving the accused student of access to the evidence.
7. All procedural questions will be decided in the sole discretion of the designated
Student Conduct Officer. The designated Student Conduct Officer may decide to
adjourn the hearing for a reasonable period of time.
8. The accused student cannot be found to be responsible for the charges solely
for the reason of failure to answer the charges or appear at the hearing; in
such cases, evidence to support the charges may be presented and considered
and a determination made and a sanction imposed based on the evidence. However,
any member of the RIT community may be sanctioned for failure to comply with
a written or electronic request to appear at the hearing.
9. Following questions, explanations and discussion, the student and the advocate
will leave the room while the designated Student Conduct Officer and other Institute
staff present discuss the appropriate resolution of the case including appropriate
sanctions, if any. The determination will be made on the basis of whether there
is a preponderance of evidence that the accused student violated Institute policy,
rules or procedures. The accused student may be found responsible of other infractions
based on the same incident.
10. The student and his or her advocate will then be asked to rejoin the hearing
and be informed by the designated Student Conduct Officer of the determination.
If the determination is that the student violated the policies, rules or regulations
of the Institute, the sanction is discussed. In some cases the designated Student
Conduct Officer may recommend mediation for the individuals involved in the
case with the help of a neutral mediator.
11. Upon completion of the hearing, the accused will be sent written notice
of the decision and any sanction imposed within seven (7) days of the hearing
including the process by which the student can appeal.
12. The complainant(s) will be informed of the decision of the hearing, and
the sanction, if any, imposed on the accused student in all cases involving
physical injury, threat, intimidation or force, including sexual misconduct,
assault or abuse, of the complainant.
13. An appeal must be filed within ten (10) days of the date of the mailing
of the sanction letter. (See Section VI. Appeals.)
14. There shall be a single record of an RIT student conduct hearing and this
record shall be the property of the Institute.
15. Once the sanction is final (i.e., after the decision in an appeal or after
the time to appeal has passed), the designated Student Conduct Officer is responsible
for arranging for the sanction to be carried out and monitoring the sanction
if appropriate. If the designated Student Conduct Officer believes it is appropriate,
Interim Suspension or Restrictions may be imposed during the time of an appeal
or until the time to appeal has passed.
VI. APPEALS
A. Appeals to the Institute Appeals Board:
The Institute Appeals Board consists of seven (7) voting members, including
three (3) students selected by Student Government, two (2) faculty selected
by Academic Senate, one (1) staff selected by Staff Council and one (1) administrative
member appointed by the Vice President for Student Affairs and the Provost.
The Chair of the Institute Appeals Board will be appointed by the Vice President
for Student Affairs and the Provost from amongst the four (4) non-student members
of the Board. Each representative group shall appoint at least five members
to serve on the pool of the Institute Appeals Board. From this membership pool,
individuals will be selected to serve on Institute Appeals Board hearings. Members
will serve on the Board for two-year terms ending June 30, with the opportunity
for renewal of their term. Members of the Institute Appeals Board who do not
fully serve their term will be replaced by the representative group that initially
selected them, completing the term. Members of the Board must attend mandatory
training at the beginning of each academic year and periodically as offered
throughout the year. Alternates are encouraged to attend all hearings and to
participate in the deliberations in a non-voting capacity. The Institute Appeals
Board will be trained and coordinated by the Associate Vice President for Student
Affairs.
The Institute Appeals Board will hear cases derived from: (1) decisions made
through the RIT Student Conduct Process where the sanction determined was Deferred
Disciplinary Suspension, Removal from RIT Housing, Disciplinary Suspension,
Disciplinary Dismissal, or Disciplinary Expulsion, (2) decisions made by Academic
Conduct Committees, and (3) decisions made by other RIT officials or employees
(normally such cases involve student grievances stemming from other than academic
or disciplinary decisions). A faculty member may also appeal academic cases
which were initially decided upon by an Academic Conduct Committee.
Decisions rendered by the designated Student Conduct Officer resulting in a
sanction of Disciplinary Probation can be submitted for administrative review
to the Associate Vice President for Student Affairs. Grounds for appeal are
the same as listed in Section VI.B. The letter of appeal must be submitted to
the Associate Vice President for Student Affairs, within ten (10) days of the
mailing of the decision notice by the designated Student Conduct Officer. A
decision concerning the appeal will be mailed to the accused student within
fourteen (14) days of the receipt of the appeal letter. The decision rendered
is then final.
Decisions of the Institute Appeals Board may be appealed by the student to the
Vice President for Student Affairs in cases concerning non-academic violations,
or by the faculty or student involved to the Provost in cases concerning academic
violations.
B. Grounds
Except as required to explain the basis of new evidence, an appeal shall be
limited to a review of the record of the initial decision and/or hearing and
supporting documents only for one or more of the following grounds or purposes:
1. To determine whether the decision making process and/or hearing was conducted
fairly in light of the charges and evidence presented and was in conformity
with the RIT Student Conduct Process.
2. To determine whether the decision reached was based on substantial evidence,
that is, relevant evidence that a reasonable mind would accept as adequate to
support the conclusion.
3. To determine whether the sanction imposed was appropriate for the violation
which the student was found to have committed.
4. To consider new evidence which was not brought out in the original hearing
and which is sufficient for a reasonable person to alter the decision.
5. To determine whether the deciding administrator or hearing body was biased
or otherwise not able to consider the case objectively.
C. Procedure
1. An appeal must be filed in writing in the Office of Student Conduct Affairs
(in the Office of the Vice President for Student Affairs) within ten (10) days
of the mailing of the decision notice. The appeal must state which ground(s)
set forth in B. above is the basis for the appeal and the evidence or reasons
supporting this position.
2. The accused student has the right to be assisted by an advocate from among
the RIT faculty, staff, or student body, other than a person trained as a lawyer
(guidelines relating to the presence of lawyers can be found in Section V.B.).
The Coordinator for Advocacy upon request will assist the accused student in
obtaining an advocate.
3. The student filing the appeal, and his/her advocate, will appear in front
of the Institute Appeals Board and present the grounds for the appeal. The student
will generally be given a time limit of twenty (20) minutes for this presentation.
4. The designated Student Conduct Officer who made the original jurisdiction
decision will then respond to the appeal and give the rationale for the decision
and sanction determined.
5. After discussing the appeal, the Institute Appeals Board may take the following
actions by majority vote.
Disciplinary Decisions:
a. Grant or deny the appeal. If an appeal is granted, the Institute Appeals
Board may reduce or dismiss the sanction rendered at the hearing.
b. Request an appearance of any individual involved in the case and postpone
making a decision until that person meets with the Institute Appeals Board.
c. Remand the case back to the designated Student Conduct Officer for a second
hearing.
d. Act as a student conduct board and hear the case as an original jurisdiction
at a later date if there is a determination that the original process was so
flawed that justice would be best served by the Institute Appeals Board hearing
the case, rather than the normal process of remanding it back to the original
hearer. In a hearing, the Institute Appeals Board will follow a hearing procedure
which is substantially the same as the procedure described in Section V.B. of
the RIT Student Conduct Process.
e. In cases of student grievances, the Institute Appeals Board may make recommendations
to the Vice President for Student Affairs or Provost concerning remedies outside
the normal range of sanctions applicable in student misconduct cases.
Academic Misconduct: Grant or deny the Appeal. In appeals granted involving
academic misconduct, the Institute Appeals Board will either refer the case
back to the Dean with recommendations for resolving any process errors or refer
the case to the Provost with recommendations. In academic misconduct appeals
the Institute Appeals Board will not make substantive judgments regarding the
academic issues in question.
6. Appeals are normally conducted in private. At the request of the accused
student, and subject to the discretion of the Chair of the Institute Appeals
Board, the appeal may be open to other members of the Institute community, but
such others shall not be permitted to participate in the appeal. Admission of
any person to the appeal shall be at the discretion of the Chair of the Institute
Appeals Board.
7. If the Appeal is before the Vice President for Student Affairs or the Provost,
he or she will make the decision based solely upon the written appeal, the tape
recording of the original hearing, the record, and the submitted written material
unless he or she determines, in his or her sole discretion, to hear oral statements
by or ask questions of those involved. A letter of appeal must be submitted
to the Vice President for Student Affairs or the Provost within ten (10) days
of the mailing of the decision notice by the Institute Appeals Board. A decision
concerning the appeal will be mailed to the accused student within fourteen
(14) days of the receipt of the appeal letter. The decision rendered is then
final.
8. In making a determination on the appeal, the Institute Appeals Board, the
Vice President for Student Affairs or the Provost as the case may be, will not
substitute their judgment for the judgment of the original student conduct body
or administrator. The original determination will be reviewed only on the grounds
set forth in B above.
9. The Institute Appeals Board, the Vice President for Student Affairs or the
Provost can choose to reduce the sanction(s) without requiring a reconsideration.
The Institute Appeals Board, the Vice President for Student Affairs, or the
Provost, in a case where the accused student has appealed, may not impose additional
or more harsh sanctions.
VII. RECORDS
Access to the records of student disciplinary or student grievance cases is governed by the RIT Student Records Policy. If the student requests that the hearing be public, this request will be deemed a waiver of the student’s rights to have the records in the case remain confidential. Student Conduct records normally will be destroyed five (5) years after the last conduct violation, unless the student was expelled from the Institute or the designated Student Conduct Officer determines that the interest of RIT or the greater RIT community requires retention. The student will be informed if his/her student conduct record will be retained beyond five (5) years by the designated Student Conduct Officer. Expulsions and disciplinary suspensions are reflected on a student’s transcript.
The Assistant to the Vice President for Student Affairs/Director, Student Conduct & Mediation Services will report semiannually to the Vice President for Student Affairs on the outcomes and sanctions of all disciplinary cases. The Assistant to the Vice President for Student Affairs/Director, Student Conduct & Mediation Services will report to the entire Institute community annually concerning the outcomes and sanctions of disciplinary cases, without information which could identify particular students.
VIII. HEARING PROCEDURES FOR SEXUAL MISCONDUCT CASES (when a student is accused)
A. The Process
When a case of sexual misconduct or assault is reported to Campus Safety, and
the accused is a student(s), the following procedure will be followed.
1. The designated Student Conduct Officer will review the documentation provided
by Campus Safety and determine whether the case should be processed through
the student conduct system or by mediation.
2. The Coordinator for Advocacy will contact the complainant and will refer
the complainant to an advocate. The advocate will meet with that person to discuss
student conduct procedures, advocacy, counseling options and the option of reporting
the incident to an outside law enforcement agency. The advocate can accompany
the complainant to the hearing and offer general support throughout the process
if the complainant desires his/her participation.
3. The designated Student Conduct Officer will meet with the accused (often
with a Residence Life administrator if an RIT housed student, and the NTID Conduct
Liaison if an NTID student) and discuss the complaint, documented student conduct
procedures, advocacy and counseling options. The designated Student Conduct
Officer will refer the accused student to an advocate. The advocate can accompany
the accused student to the hearing and offer general support throughout the
process if the accused desires the advocate’s participation. The designated
Student Conduct Officer may also set interim restrictions/suspension at this
time.
4. The advocates for the complainant and accused will contact the Coordinator
for Advocacy to discuss the role of the advocates and the student conduct process.
5. The advocate of the complainant will meet with the complainant to discuss
the case, the student conduct process and options.
6. The advocate for the accused will meet with that student to discuss the case,
the student conduct process and options.
7. If the accused student is an NTID student, he or she will be contacted by
the NTID Student Conduct Liaison to answer any questions about the process.
8. The hearing date will be set when the advocacy system and Campus Safety documentation
have been completed.
9. In addition to the designated Student Conduct Officer, the accused, the complainant
and their advocates, the following people may also be present:
*Co-hearer (In sexual misconduct cases, an additional administrator who will
decide whether prohibited actions have occurred and if so, the sanction. The
co-hearer is the person of the opposite gender from the Assistant to the Vice
President for Student Affairs/Director, Student Conduct & Mediation Services)
*Campus Safety Representative
*Resident Life Administrator (if either accused or the complainants are RIT
housed students)
*NTID Conduct Liaison (if either accused or complainant are NTID students)
*Witnesses (only if pre-approved by the designated Student Conduct Officer)
*Interpreter (if any person participating in the hearing is deaf or hard of
hearing)
10. The hearing will follow the procedures set forth in Section V.B. of the
RIT Student Conduct Process.
11. The designated Student Conduct Officer will determine in his or her sole
discretion the range of testimony permitted by witnesses and items of information
which will be considered upon principles of fundamental fairness. If the designated
Student Conduct Officer determines that a witness or complainant may be emotionally
harmed by giving evidence in the presence of the accused student, the designated
Student Conduct Officer may make other arrangements (such as use of a screen
or video taping) to allow the testimony while not depriving the accused student
of access to the evidence.
12. When the hearing is completed and the decision shared with the accused,
the advocate for the complainant is informed of the decision. The designated
Student Conduct Officer or the advocate will contact the victim or complainant
and inform him or her of the outcome.
13. If mediation is the recommended result (either early in the process or as
a component of the decision, and both parties are in agreement), then a date
is set with the mediation facilitator(s), accused and complainant and advocates
(optional) for a mediation session. Mediation is always voluntary.
B. Other Resolution Procedures
All incidents of sexual misconduct involving students are not necessarily reported directly to Campus Safety. A complainant may choose to discuss the incident with staff in Residence Life, a faculty/academic advisor, a counselor, staff in the Student Health Center, or other members of the RIT community. The complainant may choose to talk with the Coordinator for Advocacy, who will explain the options available to the complainant, including the student conduct process, advocacy, counseling, referral to outside law enforcement, and other support systems available. If the complainant wishes the incident to be processed through the RIT Student Conduct System, he or she should report to Campus Safety, who will file the proper report to initiate the student conduct process. RIT will assist the complainant if desired when reporting the incident to an outside law enforcement agency.
Changes in academic work and living situations can be arranged following the
allegation or finding of sexual misconduct if reasonable alternatives exist.
Interim suspensions from the Institute or other interim restrictions may be
imposed pending a determination of the allegation. (See Section IV.D.)
If the accused is an RIT employee, faculty or staff, the case will be handled
by procedures set forth in the RIT Policy Prohibiting Discrimination and Harassment.
IX. COMPLAINANT RIGHTS
When a member of the RIT community is the complainant in an alleged act of misconduct which violates the physical and/or mental welfare of an individual, he or she should expect that the RIT Student Conduct Process will respond in a caring, sensitive and supportive manner which allows the complainant to utilize the student conduct process unimpeded while still maintaining the rights of the accused student. In cases including, but not limited to sexual misconduct and hazing, complainants of the alleged harm are assured:
1. Treatment with dignity and compassion by all persons involved in the disciplinary
process.
2. Information pertaining to the RIT Student Conduct Process and appropriate
referrals for information on the criminal process.
3. Information pertaining to counseling assistance available.
4. Access to assistance throughout the student conduct process, including the
ability to utilize the RIT Advocacy program.
5. Due process protections provided to accused students, including hearing all
information presented during a hearing, including information from witnesses,
and being informed of the results of the hearing.
6. Privacy regarding any unrelated past behavior during the hearing process.
The designated Student Conduct Officer will determine what constitutes unrelated
behavior.
7. Privacy throughout the student conduct process in relation to campus and
other media, and in relation to all other uninvolved parties.
8. Freedom from intimidation and harassment throughout the student conduct process.
X. THE RIT ADVOCACY PROGRAM
The Advocacy Program at RIT is an Institute initiative designed to assist students
who are involved in the Student Conduct or Academic Misconduct system. Advocates
serve as supportive, knowledgeable partners to either a complainant or a student
accused of misconduct regarding the RIT Code of Conduct. The role of the advocate
is to assist the student in understanding the policies and procedures of the
student conduct process; help students access Institute resources; generally
be available to talk and meet with the student throughout the experience.
XI. THE STUDENT CONDUCT APPEALS COORDINATOR
The Student Conduct Appeals Coordinator is a staff member in the Division of
Student Affairs who will talk to students interested in appealing student conduct
or academic misconduct cases to the Institute Appeals Board. The Coordinator
will act as a resource for the student or group as they begin the appeal process,
will provide information about the RIT Appeals Process, and feedback when requested.
The Coordinator does not have the authority to change any original jurisdiction
decisions.
XII. RIT MEDIATION SERVICES
Students involved in a dispute may utilize RIT Mediation Services. Mediation is a process by which students, organizations, faculty or staff voluntarily meet with trained mediators to discuss ways in which problems or differences can be resolved.
Approved December 1962
Modified 1999-2000
Revised May 9, 2007