Policy Number: D18.0

Policy Name: 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 needs 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 university 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 university 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 university 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 university 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 is best handled by the university itself without resort to outside intervention. There can be no guarantee that outside agencies will not choose to intervene on their own or that a victim of a crime will not request the involvement of outside law enforcement.

II. STUDENT RIGHTS

A. The RIT Student Bill of Rights guarantees to all students:

Retention of their rights as citizens of the community at large.
Protection in the classroom of freedom of expression and against improper academic evaluation.
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.
Student activities rights regarding freedom of association, inquiry, and expression, along with the right to participate in university governance and to maintain a student press free from censorship.
The right to be free in their persons, living quarters, papers, and effects against unwarranted searches and seizures.
The right to remain silent and to be provided with basic due process in disciplinary proceedings.
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 university premises or
during the course of off-campus activities related to RIT, or
which violates federal, state or local laws on or off the RIT campus, or
which adversely affects the university community and/or the pursuit by the university of its educational mission.

Those 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 university, including those on co-op, are considered students.
all those who reside in university housing (residence halls and apartments)
students whose guests violate RIT policy and standards (students are responsible for the behavior of their visitors, guests or family members)
Student organizations and their officers

The vice president for Student Affairs or his/her delegated representative will decide when the university should press civil or criminal charges against a student.

If a student is charged only with an off-campus violation of federal, state, or local laws,

RIT disciplinary action may still be taken and sanctions imposed
interim suspension or restrictions may be imposed even before the student has been found guilty in a court of law.

Proceeding under the RIT Student Conduct Process may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

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. 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:

ENDANGERING BEHAVIOR: Conduct that threatens or endangers the health and/or safety of a person(s);

FRAUD: All forms of dishonesty including cheating, plagiarism, knowingly furnishing false information to the university, and forgery, alteration or use of university documents or instruments of identification with intent to defraud;

INAPPROPRIATE BEHAVIOR: Unreasonable disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other university activities;

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 university sponsored or supervised functions;

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;

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 university community or other personal or public property;

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;

VIOLATION OF RIT POLICIES: Violation of published RIT policies, rules, and regulations including, but not limited to, the RIT Student Bill of Rights, the Policy Prohibiting Discrimination and Harassment, the Alcohol and Drug Policy,Parking and Traffic Regulations, the Code of Conduct for Computer and Network Use, Academic Regulations, Policy on Academic Honesty, Smoking Policy, Residence Halls and Apartments Terms of Occupancy, and other published university policies, rules and regulations including those related to entry into and/or use of university rooms, buildings, and facilities;

OFF CAMPUS BEHAVIOR: Any off-campus conduct which RIT deems demonstrates disregard for the rights of others;

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 Public 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 university premises or unauthorized entry to or use of university premises;

13. VIOLATION OF THE LAW: Violation of federal, state or local law on university premises or at university sponsored or supervised activities;
14. WEAPON POSSESSION: Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on university premises;
15. DISRUPTION OF RIT EVENTS/TRAFFIC: Intentional obstruction of or dangerous interference with the free flow of pedestrian or vehicular traffic on university premises or at university 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 university official;
b. Falsification, distortion or misrepresentation of information or charges before a student conduct body or university 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 university officials;

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; and
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. One handbook will be distributed each year per residential hall room, apartment and RIT Inn and Conference Center room; all students; faculty and staff may access the handbook online at www.rit.edu/studentaffairs/studentconduct.

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 statement to a student informing him or her that he or she has violated or is violating university policies, rules, or regulations.
2. Warning: Written notice to a student that continued or further violations of any university 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 university facilities or from participation in certain privileged or extracurricular university activities and/or requirement to fulfill certain conditions as specified in the probation notice, plus notification that violation of any university 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 that need 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 university, 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 university 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 university 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. Serious forms of computer misconduct
g. 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 vice president for Student Affairs may impose interim disciplinary suspension from the university or from university 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 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. 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 vice president for Student Affairs/Student Conduct that the student’s presence on campus might involve one or more of the foregoing factors.

An interim disciplinary suspension, interim removal from university housing or other interim restrictions may be imposed before, during, or after the hearing and during the appeal process.

A student subject to interim disciplinary suspension or interim 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 vice president for Student Affairs or designee.

V. DISCIPLINARY HEARINGS: FORMAL AND INFORMAL CONDUCT HEARINGS

A. Charge and Initial Decision to Pursue Disciplinary Process

Formal Student Conduct Hearings: Student misconduct cases are resolved through hearings held by the designated student conduct officer. Generally, the student conduct officer will be a member of the Center for Student Conduct and Conflict Management Services, the area responsible for the administration of the university’s student conduct system. Formal student conduct hearings are recorded and decisions may be appealed to the Institute Appeals Board (see VI.A)

Informal Student Conduct Hearings: Residence Life administrators and other university officials may also hold informal hearings regarding less serious policy violations and impose appropriate sanctions. Informal hearings generally follow the procedures of a formal hearing; however, they are not recorded. In all such instances, students may appeal the informal decision rendered 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.

B. Complaints of Misconduct

Any member of the university community may file a complaint against any student for misconduct. A complaint concerning non-academic conduct matters is normally made to Public Safety, although complaints also can be made directly to the designated student conduct officer in the Office of Student Affairs. Public 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.

C. Formal Student Conduct Hearing Process

An accused student will be informed of the fact that a complaint has been filed against him or her and the date, will be asked to meet with the designated student conduct officer, and given a time and place of the formal hearing.

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.

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.

Parents/Guardians: Parents/guardians are not permitted to participate in or be present during any RIT student conduct hearing (formal or informal), unless the accused student is under the age of 18. In those instances, the parent/guardian can observe the hearing process and give their son or daughter quiet counsel.

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 Public Safety investigator, other appropriate university 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.

Recording of the hearing: All conduct hearings are audio recorded. The student will be informed upon entry into the hearing location of the recording. Hearings can be video recorded upon request. A request for video recording must b made 24 hours prior to the scheduled meeting. All witnesses/alleged victims will be able to choose whether or not they are video recorded. Recordings (both audio and video) are saved only if you are found responsible for violating University policy and the sanction is appealable. The recording of the hearing is the property of RIT, but accused students may request to listen to a copy of the recording or read a copy of the transcript (if the student is deaf/hard of hearing) by submitting a written request to the Center for Student Conduct and Conflict Management Services when the accused student has submitted a request for an appeal of the student conduct decision.

The recording of the hearing will be kept in storage in the event the accused student requests an appeal; at that time, the recording will be submitted to the Institute Appeals Board and to the vice president for Student Affairs for use during the appeal process. The recordings will be destroyed after the appeal date has passed, the appeal has been completed, or at the discretion of the vice president for Student Affairs.

D. Notification Process

Notice of Allegations: The student will be sent written or electronic notice of the allegations brought forth as a complaint. The notice will include:

A request for the accused student to contact the Center for Student Conduct for scheduling of a formal student conduct hearing.
A description of the misconduct of which the student was allegedly involved.
A list of possible university policies, rules or regulations allegedly violated.
The names of individuals expected to be present at the hearing.
A copy of the RIT Formal Student Conduct Hearing Procedures and asked to review the RIT Student Conduct Process documented in the Student Rights and Responsibilities Handbook.

At hearings involving more than one accused student, the designated student conduct officer, in his or her discretion, may permit hearing concerning each student to be conducted separately or simultaneously.

Scheduling: The hearing will be arranged expeditiously after the student receives notice of the complaint.

E. Procedures at the hearing and accused rights

All hearings will be conducted in private.

The designated student conduct officer will inform the student that the hearing is being recorded.

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.

The designated student conduct officer will read aloud all of the materials or evidence that has been submitted by witnesses, Public Safety, Residence Life, or others. The materials usually consist of, but are not restricted to, a summary of the case written by Public Safety plus statements from witnesses, or other persons involved in the situation.

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 university 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.

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.

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.

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.

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 attend a formal student conduct hearing after receiving a written or electronic request to appear at the hearing.

Following questions, explanations, and discussion, the student and the advocate will leave the room while the designated student conduct officer and other university 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 university policy, rules or procedures.

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 university, the sanction is discussed.

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.

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.

An appeal must be filed within seven (7) business days from the date of the mailing of the sanction letter. (See Section VI. Appeals.)

There shall be a single record of an RIT student conduct hearing and this record shall be the property of the university.

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 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 Committee, 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.

Each representative group (Academic Senate, Staff Council and Student Government) shall appoint at least 10 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 expected to attend all hearings for which they are scheduled and will be dismissed by the IAB Chair when deemed appropriate. The Institute Appeals Board will be trained and coordinated by the associate vice president for Student Affairs.

The Institute Appeals Board consists of four (4) voting members, including two (2) students, and two (2) faculty, administrators, or staff members. The chair of the Institute Appeals Board will be appointed by the associate vice president for Student Affairs.

Grounds for appeal are listed in Section VI.B. The letter of appeal must be submitted to the associate vice president for Student Affairs within seven (7) business days of the mailing of the decision notice by the designated student conduct officer. The decision concerning the appeal will be mailed to the accused student within seven (7) business days after the Institute Appeals Board hearing is conducted and a recommendation is made to the vice president for Student Affairs for non-academic violations or to the provost for academic violations.

The decision rendered by the vice president for Student Affairs is final. Decisions rendered by the Institute Appeals Board involving academic violations can be appealed by the faculty or student involved to the provost.

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:

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.
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.
To determine whether the sanction imposed was appropriate for the violation which the student was found to have committed.
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.
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 the associate vice president for Student Affairs within seven (7) business 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, other than a person trained as a lawyer (guidelines relating to the presence of lawyers can be found in Section V.C.). 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 recommendations:

For Non-academic Appeals
The Institute Appeals Board can recommend to the vice president of Student Affairs one of the following:

Disciplinary Decisions:

a. Uphold the original decision or modify the decision rendered.

b. Request an appearance of any individual involved in the case and postpone making a recommendation until that person meets with the Institute Appeals Board.

c. Remand the case back to the designated student conduct officer for a second hearing.

For Academic Appeals
The Institute Appeals Board can recommend to the provost one of the following:

a. 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 questions.

6. Appeals are normally conducted in private. Admission of any person to the appeal shall be at the discretion of the chair of the Institute Appeals Board.

7. Upon reviewing the recommendation of the Institute Appeals Board, the vice president for Student Affairs or the provost will make the decision based solely upon the written appeal, the recording of the original hearing and the appeal 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.

8. In making a determination on the appeal, 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 officer or administrator. The original determination will be reviewed only on the grounds set forth in B above.

9. The Institute Appeals Board may not recommend, nor can the vice president for Student Affairs or the provost, in a case where the accused student has appealed, impose additional or harsher sanctions.

10. The student will receive in writing the final decision from the vice president for Student Affairs or the provost within seven (7) business days of the appeal hearing.

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 university or the designated student conduct officer determines that the interest of RIT or the greater RIT community requires retention. Expulsions, dismissals and disciplinary suspensions are reflected on a student’s transcript for the period of time until the sanction and all conditions have been fulfilled.

The assistant vice president for Student Affairs will report semiannually to the vice president for Student Affairs on the outcomes and sanctions of all disciplinary cases. The assistant vice president for Student Affairs will report to the entire university 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 Public Safety, and the accused is a student(s), the following procedure will be followed.

The coordinator for advocacy will provide the accused student an advocate or train a faculty/staff advocate chosen by the student.

The coordinator for advocacy will contact the complainant and will refer the complainant to an advocate.

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.

The advocate for the accused student and the advocate for the complainant will meet with the student they are advocating for to discuss student conduct process, advocacy, counseling options, and reporting options if the incident is reported to an outside law enforcement agency. The advocates can accompany the accused student and the complainant to the hearing and offer general support throughout the process if the accused student and complainant desires his or her participation.

The advocate of the complainant will meet with the complainant to discuss the case, the student conduct process, and options.

The advocate for the accused will meet with the student to discuss the case, the student conduct process and options.

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.

The hearing date will be set when the advocacy system and Public Safety documentation have been completed.

In addition, to the designated student conduct officer, the accused, the complainant, and their advocates, the following people may also be present:
1. Co-hearer (an additional administrator who will decide whether prohibited actions have occurred and if so, the sanction, in conjunction with the designated student conduct officer. The co-hearer is generally a person of the opposite gender from the designated student conduct officer.
2. Public Safety representative
3. Resident Life administrator (if either accused or the complainants are RIT housed students)
4. NTID conduct liaison (if either accused or complainant are NTID students)
5. Witnesses (only if pre-approved by the designated student conduct officer)
6. Interpreter(s) (if any person participating in the hearing is deaf or hard of hearing)
The hearing will follow the procedures set forth in Section V.C. of the RIT Student Conduct Process.

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.

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.

B. Other Resolution Procedures

All incidents of sexual misconduct involving students are not necessarily reported directly to Public Safety. A complainant may choose to discuss and report the incident to

staff in Residence Life
designated individuals within the Center for Women & Gender
a faculty/academic advisor
a counselor
staff in the Student Health Center
other members of the RIT community.

If the complainant wishes the incident to be processed through the RIT Student Conduct System, he or she should report to Public 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 university 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:

Treatment with dignity and compassion by all persons involved in the disciplinary process.

Information pertaining to the RIT Student Conduct Process and appropriate referrals for information on the criminal process.

Information pertaining to counseling assistance available.

Access to assistance throughout the student conduct process, including the ability to utilize the RIT Advocacy program.

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 when permitted by law.

Privacy regarding any unrelated past behavior during the hearing process. The designated student conduct officer will determine what constitutes unrelated behavior.

Privacy throughout the student conduct process in relation to campus and other media, and in relation to all other uninvolved parties.

Freedom from intimidation and harassment throughout the student conduct process.

X. THE RIT ADVOCACY PROGRAM

The Advocacy Program is an university initiative designed to provide students with a supportive RIT faculty or staff partner as they engage in the student conduct process. Incidents that students find themselves involved in are often complex, overwhelming, and confusing. The advocate can be a steadying influence during a turbulent experience.

Students are given the option of working with an advocate for both formal and informal conduct hearings.

An advocate may play a formal role both prior to the Student Conduct hearing as well as during the hearing.

The role of the advocate prior to the hearing is:

To meet with the student in preparation for the hearing
To assist the student in understanding RIT policies
To assist the student in understanding the procedures of the conduct process
To help the student access appropriate university resources

The RIT Student Conduct process is educational in nature and is intended to address student misconduct in accordance with RIT’s community expectations. As an educational experience, the participating student is expected to take primary responsibility for responding to the incident in question.

During the hearing, the advocate’s role may include “active participation” under the following guidelines:

“Active Participation” may range from silent support to assisting the student in making statements and responding to questions
The advocate may assist the student in clarifying information pertinent to the incident
The advocate does not “represent” the student in the hearing
The advocate is considered a supportive partner in the educational process; not an adversary
The advocate does not serve as a “character witness” for the student

Students have several options when choosing to work with an advocate. A student may:

Select a specific person from a list of trained advocates provided by Student Conduct
Request that a selection be made for them from a list of trained advocates
Select an RIT faculty/staff member with whom they are familiar. Brief training will be provided to that person by the advocacy coordinator.

The advocacy coordinator will then arrange the advocate assignment.

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 CONFLICT MANAGEMENT SERVICES
Students involved in a dispute may utilize RIT conflict management 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.

Mediation:

is a confidential, voluntary process for students, faculty, and staff who are in conflict to meet together with neutral,third-party RIT mediators to resolve their difficulties facilitated by highly skilled students, faculty, or staff who volunteer to serve the RIT community as trained mediators
assists participants in developing a mutually acceptable agreement for resolving the conflict
offers an effective and convenient method of resolving conflict in a manner that meets the needs of all those involved

Appropriate for roommate disputes, relationship issues, team/group conflicts, difficulties within organizations, property disputes, financial responsibilities, and more.

Restorative Conferencing:
The RIT Restorative Conferencing (RC) process provides an alternative response to violations of the RIT Code of Conduct. Restorative Conferencing seeks to resolve violations of community expectations in a manner that satisfactorily meets the needs of all parties affected by an incident through a facilitated "conference."

The conference is attended by those parties both directly and indirectly involved in an incident and is facilitated by a staff member from the Office of Student Conduct and Conflict Management Services (SCCMS) and other trained professional staff members.

The conference process provides an opportunity for all parties to discuss the incident, how they and others were affected, and to determine appropriate actions to make amends to the individuals and the community.
Participants in a conference are invited to bring support persons with them to the conference. Support persons must be RIT students, faculty, and/or staff.

The RC process will be offered for specific types of incidents in which an individual(s) accepts responsibility for the policy violation(s) and both the responsible party and those affected are willing to participate in a conference. Participation in the conference is voluntary. Students who are accused of misconduct but do not accept responsibility and/or are unwilling to participate in the conference will be referred back to the student conduct hearing process.

When a situation is deemed appropriate for the Restorative Conferencing process the following procedure will ensue:

The Center for Student Conduct and Conflict Management Services will contact the students involved to provide information regarding the RC process.
An intake meeting will be scheduled with the responsible party to explain the process, obtain their consent to participate and determine other appropriate conference participants.
Other participants will be contacted and a conference date, time and location will be confirmed.
The Restorative Conference will be facilitated by professional staff members. These facilitators do not have a decision-making role in the process. The goal of the conference is to create a Conference Agreement for appropriately repairing the harm caused by the incident in question. Conferences do not result in official RIT sanctions.
The Conference Agreement will be monitored by professional staff members in either SCCMS or Residence Life. Failure to comply with the agreement may result in charges of misconduct and referral to the student conduct hearing process.

The Center for Student Conduct and Conflict Management Services reserves the right to determine appropriate incidents for referral to the Restorative Conferencing process and to approve all conference participants. The Restorative Conferencing process will not be offered as a response for repeat behaviors.

Conflict Coaching:

is provided on a one-on-one, informal basis to RIT students, faculty, and staff
assists individuals in identifying conflict management strategies that are targeted specifically to their needs and can be implemented without the assistance of a third party
offers information and referrals regarding relevant campus resources and policies
can help to resolve an existing conflict as well as prevent an anticipated conflict

Appropriate for roommate disputes, communication difficulties, team/group conflicts, difficulties within organizations, and more.

Customized training and workshops are available for all students on topics such as:

  Positive Conflict Resolution
  Group Decision Making
  Facilitation Strategies
  Communication Skills
  Conflict Management Styles
  Conflict and Change
  Managing Difficult Discussions

XIII. Definition of Organization-Related Event
An RIT organization may be held responsible for an incident on or off the RIT campus when there has been a violation of the RIT Student Code of Conduct and/or violation of local, state or federal statutes if one or more of the following is established (including but not limited to):

When organization funds are used to fund the event
When the following percentages of the active membership are in attendance or involved in the event:

- Organizations with membership between 1-15: 50%
- Organizations with membership between 16-40: 33%
- Organizations with membership 41or more: 25%

When the event is discussed/described at an organization meeting, in notes, on a flyer or poster
When name of organization is displayed (walls, shirts, etc)
When event is described as a "mixer", or a "social" with another RIT campus organization
When executive board/leader/captains of the organization are present and host event

Responsible Office: Center for Student Conduct and Conflict Management Services

Effective Date: Approved December 1962

Policy History:

Modified 2006
Edited for department/title changes August 2008
Edited September 2010