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D18.0 - Student Conduct Process - Interim

  1. Introduction

    An environment that encourages freedom of expression and inquiry is essential to achieving the educational mission of RIT. It is the responsibility of RIT students, faculty, staff and administrators to work towards the achievement of this educational mission through appropriate actions or behaviors related to P03.0 - Honor Code. When these actions or behaviors are inappropriate, or when these actions or behaviors lead to conflicts, it is the responsibility of RIT to provide a process that informs and educates the RIT community about appropriate behaviors and provides a fair and reasonable manner for the resolution of conflicts. This Student Conduct Process Policy provides that process for cases involving students.
     
  2. Scope

    The standards set forth in this policy apply to conduct by or against an RIT Student from the time of acceptance of admission. This includes conduct which occurs while students are on a leave of absence, studying abroad, or on co-op. It also includes conduct which occurs when students are not officially enrolled during a particular term as long as they have a continuing relationship with the university. This policy will apply to a student's behavior even if the student withdraws or graduates from the university while a disciplinary matter is pending, or if the behavior occurs off campus. For purposes of this policy, the location of the off campus behavior will not affect its applicability.
     
  3. Definitions

    Terms not defined elsewhere in this policy are defined below.
     
    1. Accused means any Student member of the RIT Community alleged to have engaged in conduct in violation of the Student Code.
       
    2. Advocate means a faculty or staff person trained by the Center for Student Conduct and Conflict Resolution to provide assistance to the Accused throughout the RIT Student Conduct Process. The Center for Student Conduct and Conflict Resolution maintains a list of trained Advocates. An Advocate may fully participate in the conduct hearing acting in accordance with the provisions of the RIT Advocacy Program (RIT Advocacy Program).
       
    3. Advisor of Choice means a person who can provide a student quiet support to a student throughout the RIT Student Conduct Process.  An untrained faculty/staff member will be given an Advisor of Choice status.
       
    4. Business Day means Monday through Friday and does not include official RIT holidays.
       
    5. Code of Conduct means RIT's Student Code of Conduct.
       
    6. Charge means the possible policy violations filed against a Student or Student Organization by a Conduct Officer for alleged violation(s) of the Student Code of Conduct. Complaints may only be filed by a Conduct Officer.
       
    7. Complainant means RIT. For the Student Gender-Based and Sexual Misconduct Policy- Title IX (D19.0), Complainant may also mean RIT faculty, staff, or students.
       
    8. Report of Misconduct means any allegation of a violation of the Student Code of Conduct. Anyone may file a Report of Misconduct against a Student or Student Organization.
       
    9. RIT Community includes any individual authorized to be on the RIT campus including administrators, faculty, staff, students and student organizations, alumni, and external organizations and individuals in their operations with RIT.
       
    10. Responses for Code of Conduct Violations means all assigned statuses and conditions to hold Students accountable and to support Student reflection and learning from their behaviors.
       
      1. Statuses indicates the Student's disciplinary standing with the university after a decision of responsible has been made. Some university programs may restrict student access while a status is in place. The length of status is determined by the hearing officer.
         
      2. Conditions are meant to work in conjunction with statuses to provide the Student with the opportunity to learn from their experience or as a consequence of their behavior. Conditions may include mandatory attendance at seminars or meetings and/or the loss of privileges. Conditions are an opportunity for the student to reflect on their behavior and choices, become educated on specific relevant topics, and work restoratively to give back to the campus community.
         
    11. Students means Undergraduate Students, Graduate Students, non-matriculated Students, and students in not-for-credit programs.
       
      1. Undergraduate Student means individuals enrolled at RIT who do not qualify as graduate students. Undergraduate Student shall also include matriculated individuals enrolled at RIT as candidates in a combined master’s and bachelor’s program who have not reached the appropriate number of credit hours sufficient to be classified as Graduate Students.
         
      2. Graduate Student means matriculated individuals with a bachelor’s degree and enrolled as candidates for an advanced degree. Graduate Student shall also include candidates in a combined master’s and bachelor’s program who have reached the appropriate number of credit hours sufficient to receive in their field of study, but not yet holding, a bachelor’s degree.
         
    12. Student Organization means any RIT recognized student group including fraternities and sororities, athletic teams, clubs, or other student groups on campus.
       
    13. Conduct Officer or Hearing Officer means any individual designated by the director of the Center for Student Conduct and Conflict Resolution to facilitate conduct hearings and to impose the full range of university statuses and conditions. Center for Residence Life professional staff members have the authority to hear cases and can impose the full range of university statuses and conditions, excluding removal from housing and separation from the university.
       
  4. Student Code of Conduct

    Students and Student Organizations are expected to conduct themselves in ways that support the University's mission. The Student Code of Conduct outlines behaviors it considers are inappropriate and do not support the university's mission. Students engaging in behaviors in violation of university policies, and the Student Code of Conduct, will be afforded the opportunity to participate in the process outlined in this Policy.
     
    1. Endangering Behavior. Behavior that threatens or endangers the health and/or safety of oneself or others. Endangering behavior may include physical, verbal, or electronic abuse, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
       
    2. Alcohol and Other Drugs Policy. Behavior that involves substances including alcohol and other drugs. For detailed information, see D.18.1 Alcohol and Other Drugs Policy.
       
    3. Harassment. Abuse, threats, intimidation, assault, coercion and/or conduct, by physical, verbal, signed, written, photographic or electronic means, which unreasonably interferes, threatens or endangers any person.
       
    4. Discrimination. The mistreatment of an individual based on that individual's group, class, or category. Group, class, or category includes, but is not limited to, race, religion, age, citizenship, color, creed, culture, including deaf culture, actual or perceived disabilities, gender, marital status, ethnic or national origin, political affiliation or preference, military or veteran status, sexual orientation, gender identity, gender expression, or genetic predisposition.  Any Student gender-based or sexual misconduct alleged will be adjudicated under Policy D19.0 - Student Gender-Based and Sexual Misconduct Policy - Title IX.
       
    5. Retaliation. Any adverse action intended to intimidate or punish another individual from or for reporting misconduct or participating in any university process or activity.
       
    6. Disruptive/Disorderly Behavior. Behaviors that are disruptive to any on or off campus activity or conduct that infringes the rights of others.
       
    7. Theft. Attempted or actual theft of, or unauthorized possession of university, personal, or public property.
       
    8. Property Damage. Attempted or actual damage, destruction, or alteration of university, personal, or public property.
       
    9. Refusal to Comply. Refusal to comply with the legitimate and reasonable request of any university representatives in the performance of their official duties.
       
    10. Hazing/Failure to Report Hazing. Behavior, regardless of intent, which endangers the emotional or physical health and safety of a Student for the purpose of membership, affiliation with, or maintaining membership in, a group or Student Organization. Hazing includes any level of participation, such as being in the presence, having awareness of hazing, or failing to report hazing. Examples of hazing include, but are not limited to, beating or branding, sleep deprivation or causing excessive fatigue, threats of harm, forcing or coercing consumption of food, water, alcohol or other drugs or other substances, verbal abuse, embarrassing, humiliating, or degrading acts, or activities that induce, cause or require the Student to perform a duty or task which is not consistent with fraternal law, ritual or policy or involves a violation of local, state or federal laws, or the RIT Student Code of Conduct.
       
    11. Fire/Fire Safety. Behavior that results in a fire, a false or preventable fire alarm, or a fire safety hazard.
       
    12. Unauthorized Access. Unauthorized entry to or presence in any university building or property.  Unauthorized possession, duplication or use of a university key, ID, or access card.
       
    13. Violation of Law. Violation of federal, state or local law.
       
    14. Weapon Possession. Possession of, or implied possession of, a weapon anywhere on property owned, leased, or controlled by the university. Examples of weapons include, but are not limited to, any type of firearm, martial arts tools, paintball and air soft guns, explosives, chemicals used in a dangerous way, and ammunition.
       
    15. Gambling. Possession of gambling devices, operation of lotteries and/or the promotion of gambling.
       
    16. Failure to be a Responsible Host. Failure to ensure that the behavior of a non-university member complies with university policies.
       
    17. Dishonest Behavior. Any act of dishonesty, including misrepresenting, omitting, altering, or falsifying information to university officials or on university documents, IDs, or records, exclusive of violations of D08.0 - Student Academic Integrity Policy.
       
    18. Violation of RIT Policies. Violation of published RIT policies, rules, and regulations including, but not limited to, Parking and Traffic Regulations, educational policies including the Student Academic Integrity Policy, Tobacco-Restricted University Policy, Housing Terms and Conditions, Policy with Respect to Demonstrations on Campus, and other outlined university policies, rules and regulations.
       
    19. Code of Conduct for Computer and Network Use.  Behaviors related to the misuse of RIT's computing, network, and information resources, including copyright infringement.  For specifics, see C08.2 - Code of Conduct for Computer Use.
       
  5. General Provisions for the Student Conduct Process
     
    1. The university will take reasonable steps to prevent discrimination and harassment, to prevent the recurrence of discrimination and harassment, and to remedy the discriminatory effects on members of the RIT Community, as appropriate.
       
    2. Any conduct hearings under this policy will be conducted in an impartial manner by an impartial decision maker(s).
       
    3. The university can and should hold a Student accountable for violating institutional policies and 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).
       
    4. The university is neither a law-enforcement agency nor a sanctuary from the law. Criminal and civil laws still apply within the academic community.
       
    5. The senior vice president for Student Affairs or designee will determine if the university will refer violations of criminal law to the appropriate law enforcement agencies.
       
    6. A proceeding under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Statuses and conditions may be imposed before the outcome of any civil or criminal proceeding.
       
    7. The university 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 rehabilitation of Student violators.
       
    8. The university has the authority to establish further policies to educate and hold Students accountable for violating policies.
       
    9. Filing a Report of Misconduct

      Anyone may file a Report of Misconduct against any Student or Student Organization for violation of the Code of Conduct.
       
      1. A Report of Misconduct concerning academic conduct matters can be made to the dean of the college (or designee) responsible for the academic program in which the alleged misconduct occurred.  Please refer to D08.0 - Student Academic Integrity Policy.
         
      2. A Report of Misconduct concerning non-academic conduct matters can be made to Public Safety or a Tiger Concern Report.
         
    10. Investigating a Report of Misconduct
      1. Upon receipt of a Report of Misconduct, regardless of type, Public Safety will conduct an investigation.
         
      2. The Conduct Officer will review the Report of Misconduct and determine if a Student will be charged. The Conduct Officer will determine the appropriate action to be taken in accordance with the provisions of this Policy, including but not limited to, whether the case will be heard by a Center for Residence Life administrator or by a Conduct Officer.
         
      3. Generally, the appropriate action will be determined within thirty (30) Business Days from the conclusion of the investigation. This time frame may be expanded based on the facts and circumstances of the specific charge and/or the availability of witnesses only with the approval of the Conduct Officer.
         
    11. Reporting and Record Management

      Records of proceedings under this Policy will be governed by C22.0 - RIT Records Management Policy.
       
  6. General Requirements of a Hearing for Violations of the Code of Conduct
     
    1. Standard of Review

      All hearings under the Student Code of Conduct will be determined using the preponderance of evidence standard, which is established when all supporting documents of an incident provide information that a Student more likely than not violated the Code of Conduct.
       
    2. Conduct Hearings

      A Student Conduct hearing is an opportunity for a Student to have a conversation with a Conduct Officer and provide perspective regarding a report alleging a policy violation. The Student has the right to not attend the hearing, or to attend and stay silent, but active engagement in the student conduct process is encouraged. At the end of the hearing a determination of a finding and an outcome will be decided. The student will be notified of the decision. The procedures governing the student conduct process can be found here.
       
    3. Any substantive changes to Student Rights or the Procedures of the Student Conduct Process must be shared with all governance groups 60 days in advance. The director of the Center for Student Conduct, or designee, will determine which hearing type is most appropriate for the incident. There are three hearing types, including:
       
      1. A hearing with a Center for Residence Life staff member. Center for Residence Life staff are authorized to issue the full range of statuses and conditions up to, but not including, removal from campus housing and separation from the university.
         
      2. A hearing with a Conduct Officer. Conduct Officers have the authority to impose a full range of statuses and conditions including suspension and expulsion.
         
      3. A D19.0 - Student Gender-Based and Sexual Misconduct Policy - Title IX hearing. These hearings are for cases involving possible policy violations of D19.0 and not held in accordance with the provisions of this Policy. Conduct Officers have the authority to impose a full range of statuses and conditions including suspension and expulsion.
         
    4. Recording of Hearing

      All conduct hearings with Conduct Officers are audio recorded. Recordings will be retained in accordance with the C22.0 - RIT Records Management Policy. The recording of the conduct hearing is a university business record and the property of the university.  Hearings can be video recorded upon request. A request for video recording must be made in writing twenty-four (24) hours prior to the scheduled hearing. Video recording requests made with less than twenty-four (24) hours' notice may be denied at the discretion of the Student Conduct Officer. All participants in the conduct hearing will give their consent to video recording. Any participant in the conduct hearing that chooses to not be video recorded will be audio recorded only.
       
    5. Accommodations Request

      Students requesting accommodations for the conduct process must make the request in writing. This written request will state the specific accommodations to be provided and the reason for the accommodations.  A current Disabilities Services Agreement from the Disabilities Services Office is sufficient to meet this requirement.
       
  7. Responses to Violations of the Code of Conduct

    An important component of the conduct process is education.  Conduct officers may assign or design responses to allow for education and reflection on a particular incident while promoting a safe and respectful community. Responses, which include statuses and conditions, emphasize accountability, emotional growth, conflict resolution, restorative values and campus safety. A refusal to comply with an assigned condition will result in further action, including a hold on a Student’s account, a new hearing, or suspension.
     
    1. Statuses for Individual Students.
      1. Notice of Incident. For certain code violations, the Student may be notified of the incident report either through a meeting or a letter, stating that the university will take further action for any subsequent violations.
         
      2. Warning. Warning periods indicate that a Student is in good standing with the university and that further violations during the warning period may result in an additional response from the university. Warnings may require specific conditions to be completed.
         
      3. Probation. Probationary periods indicate that a Student is no longer in good standing with the university and that further violations during the probation may result in extension of the probationary period, additional conditions, suspension, or expulsion. During the period of probation, specific conditions may be assigned. All assigned conditions are required to be completed before their deadlines. Probation could restrict a Student from various leadership positions and opportunities on campus, including responsibilities on Major Student Organization and fraternity/sorority executive boards, Resident Assistant and Orientation Leader jobs, and the ability to study abroad.
         
      4. Suspension. Suspension is the immediate removal of the Student’s affiliation with the university for a specific period of time, which includes exclusion from classes, university housing, and all other university activities.
         
        1. Suspended Students are not allowed to be on campus for any reason during the period of suspension and may be arrested for trespassing if found on university property.
           
        2. Students are not allowed to live in/visit on campus housing after a return from the suspension period. They are placed on a status of Probation indefinitely and are not allowed to return to campus housing to live or for visitations. Specific conditions will be required to be completed prior to the Student’s return.
           
        3. Suspension is an opportunity for a Student to return and successfully complete a degree from RIT. Students are not guaranteed a spot back into their college. Students returning from Suspension may need to reapply to the university.
           
        4. Once the term and the conditions of a suspension are completed, a Student will receive a formal letter from the Center for Student Conduct and Conflict Resolution approving the return. It is the responsibility of the Student to contact their academic college to discuss returning to that college.
           
        5. After the return from Suspension, a Student can contact the Center for Student Conduct and Conflict Resolution to request that the Probation and housing restrictions be modified.
           
      5. Expulsion. Expulsion is a permanent involuntary separation of a Student from the university. Under typical circumstances, readmission is not possible.
         
    2. Statuses for Student Organizations. University-recognized, sponsored, or sanctioned student groups are subject to the same disciplinary action as individual Students and may also have the following or other conditions applied: limitation of social and other organization privileges or programs; removal or limitation of funding; limitation on membership or recruitment, and Suspension or Expulsion.
       
      1. Notice of Incident. For certain code violations, the Student Organization, along with responsible officers and advisors, may be notified of the incident report either through a meeting or a letter, stating that the university will take further action for any subsequent violations.
         
      2. Warning. Written notice to a Student Organization that continued or further violations of any University policy, rule, or regulation within a specific period of time (not to exceed one calendar year) may result in an additional response from the university. Warnings may require specific conditions to be completed.
         
      3. Probation. Probationary periods indicate that a Student Organization is no longer in good standing with the University but is permitted to retain University registration on a probationary status. Further violations during the Probation period may result in extension of the probationary period, additional conditions, or suspension or expulsion. During the period of Probation, specific conditions may be assigned. All assigned conditions are required to be completed before their deadlines. If a Student Organization with an inter/national affiliation is found responsible for misconduct and is placed on a status of Probation, RIT will inform the inter/national office of the decision.
         
      4. Suspension. The Student Organization Suspension denotes the temporary revocation of University recognition and all privileges thereof, beginning immediately and for a period of time, with the opportunity of reinstatement. This Suspension is defined as having no existence of a formal or informal organization of students in the name of the organization, or any of its alumni organizations, on or off campus at RIT.
         
        1. Suspended Student Organizations may lose certain privileges, such as use of campus facilities, participation in university activities, use of allocated funds, recruitment, or new member education activities.
           
        2. If a Student Organization with an inter/national affiliation is found responsible for misconduct and is placed on a status of Suspension, RIT will inform the inter/national office of the decision.
           
        3. If a Student Organization on suspension is found to be recruiting or initiating new members, individual Students will be held accountable and the return from Suspension for the organization could be in jeopardy.
           
        4. Specific conditions will be required to be completed prior to the Student Organization's return.
           
      5. Expulsion.

        The Expulsion of a Student Organization denotes the permanent revocation of University recognition and all privileges thereof, without the opportunity for reinstatement at any time. This Expulsion is defined as a Student Organization having permanent exclusion from all University programs and services including, but not limited to: student government recognition, University funding, advertising the Student Organization and/or displaying the Student Organization name or letters; the inability to participate in or sponsor any activities as a Student Organization, to participate in recruitment and pledging activities; or for Organization members to hold positions related to their membership in the suspended Student Organization (i.e., IFC or Panhellenic positions, applicable student government or judicial board positions).
         
    3. Conditions for Individual Students
       
      1. Interim Suspension or Restrictions. This action assigned by the director of the Center for Student Conduct, or designee, is a temporary suspension of certain rights or privileges during the conduct process.  An interim suspension may be broad and all-inclusive or may be specific to a location and/or function to ensure the physical or emotional safety and well-being of members of the university community, the Student’s own physical or emotional safety and well-being, the preservation of university property, or safety and order on university premises.
         
        1. An interim suspension, interim removal from university housing, or other interim restriction, may be imposed before, during, or after the commencement of a conduct hearing, or during the appeal process.  Interim Suspensions and Restrictions are appealable.
           
        2. A Student subject to interim suspension or other restrictions will receive written or electronic notice of the suspension or restrictions imposed, as well as the notice of the process for resolving the interim restrictions.  The interim suspension or restrictions will remain in effect until the conduct process is resolved.
           
      2. Hold on Student Account. A hold may be placed on a Student’s account as a response to a Student who refuses to comply with the conduct process, or in other appropriate circumstances. It may be applied in situations where there is a need to resolve a pending conduct charge, even in the case of an individual who was, but is not now, a Student.
         
      3. Transcript Notations. Notations are placed on a Student’s official transcript when an outcome of Suspension or Expulsion is determined. A notation for Suspension can be removed when the Student completes the required conditions to the satisfaction of the Center for Student Conduct and Conflict Resolution and is approved to return from Suspension. For Suspensions under D19.0, the notation can be removed from the transcript one year after the Student completes the required conditions to the satisfaction of the Center for Student Conduct and Conflict Resolution and is approved to return from Suspension.
         
    4. Conditions for Student Organizations
      1. Social Probation. Social Probation prohibits a Student Organization from sponsoring, hosting, or participating in specified social activities at the discretion of the conduct officer or other campus office. While on Social Probation, Student Organizations may host approved community service and/or philanthropic events. Although this is not an exhaustive list, Social Probation may include any or all of the following:
         
        1. Alcohol may not be served by the Student Organization on- or off-campus at any Organization activity.
           
        2. The Student Organization may not collaborate with other Student Organizations to hold a social event.
           
        3. Other events can be reviewed and approved by the Center for Student Conduct and Conflict Resolution or other campus office.
           
      2. Interim Suspension or Restrictions. This action assigned by the director of the Center for Student Conduct, or designee, is a temporary suspension of certain rights or privileges during the conduct process.  An interim suspension may be broad and all-inclusive or may be specific to a location and/or function to ensure the physical or emotional safety and well-being of members of the university community, the Student’s own physical or emotional safety and well-being, the preservation of university property, or safety and order on university premises.
         
        1. An interim suspension, interim removal from university housing, or other interim restriction, may be imposed before, during, or after the commencement of a conduct hearing, or during the appeal process.  Interim Suspensions and Restrictions are appealable.
           
        2. A Student Organization subject to interim suspension or other restrictions will receive written or electronic notice of the suspension or restrictions imposed, as well as the notice of the process for resolving the interim restrictions.
           
        3. The interim suspension or restrictions will remain in effect until the conduct process is resolved.
          ​​​​​​​

Responsible Office: 
Center for Student Conduct and Conflict Resolution

Effective Date:
Approved December 1962

Policy History:
Modified 2006
Edited for department/title changes August 2008
Edited September 2010 
Modified March 2012
Revised August 2014
Revised September 2015
Approved as an interim policy on October 21, 2015
Interim status removed and edits to section H. to include advisors of choice approved September 6, 2016
Approved as an interim policy on June 1, 2018

 

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