Student Conduct and Community Standards

Statement of Purpose

The Keuka College Student Code of Conduct serves as a vehicle whereby non-academic student discipline matters are resolved in a fair and impartial manner. In addition, this code of conduct seeks to foster and guarantee the pursuit of activities that lead to the development of the student when such activities occur under the auspices of Keuka College.

As this student code of conduct seeks to foster individual and communal responsibility, it is expected that all students will conduct themselves with appropriate regard and respect for the rights of others and the College.

It should be noted that the enforcement of this conduct code does not follow the common law adversarial legal method. Determination of responsibility shall be made on the basis of whether it is more likely than not that the accused student(s) violated the Student Code of Conduct or College policy.

Date of Last “Statement of Purpose” Review: 08/31/17

Jurisdiction

Keuka College shall have jurisdiction over conduct that occurs on the premises of Keuka College as well as activities that occur off campus if such activities adversely affect the interests or educational mission of Keuka College when determined by the Dean of Students or designee.

The Keuka College Code of Conduct applies to any persons enrolled in any course offered by the College, and any student organization recognized by the College.

Policy for Transcript Notations

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), Keuka College shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.”

For the respondent who withdraws from Keuka College while such conduct charges are pending, and declines to complete the disciplinary process, Keuka College shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.”

Student Code of Conduct

Any student found responsible for the following standards is subject to the disciplinary outcomes outlined in “Hearing Outcome(s)” section of this Code:

1. Institutional Mission:

• 1.01 Knowingly supplying false information to any Keuka College official, faculty member, or office.
• 1.02 Forgery, alteration, or misuse of any Keuka College document, record, or instrument of identification.
• 1.03 Tampering with the elections of any Keuka College-recognized organization.
• 1.04 Disruption, interference, or obstruction of teaching, research, administration, disciplinary proceedings, or other Keuka College activities, including its public service functions.
• 1.05 Unauthorized representation of Keuka College.
• 1.06 Failure to comply with the directives of a Keuka College official in the performance of his/her official duties.
• 1.07 Violation of computer software copyright laws and/or acceptable user/network policy, compromising the integrity of College computer facilities.
• 1.08 Violation of the Field Period® contract.
• 1.09 Misuse of College ID
• 1.10 Conduct that is in violations of federal, state, or local law
• 1.11 Conduct that occurs off campus that adversely affects the interests or educational mission of Keuka College

2. Safety and Student Wellness:

• 2.01 Safety
  • 2.01.1 Possession, use, or distribution of weapons, including, but not limited to, firearms, pellet guns, air rifles, bows and arrows, or knives.
  • 2.01.2 Behavior that threatens the security of campus buildings or facilities, or safety of the community.
  • 2.01.3 Participation in a campus demonstration that disrupts the normal operations of Keuka College and infringes on the rights of other members of the Keuka College community.
  • 2.01.4 Possession or use of keys to College facilities without proper authorization.
  • 2.01.5 Classroom behavior that seriously interferes with the instructor’s ability to conduct class or the ability of others to learn.
  • 2.01.6 Entering Keuka College property or facilities contrary to directives or published policy.
  • 2.01.7 Engaging in behavior which poses a significant interference to the normal campus life of others.
  • 2.01.8 Violation of motor vehicle/student vehicle/parking & traffic regulation(s). Review the full “Campus Parking Management Plan” section here.
  • 2.01.9 Disrespect of any member or guest of the College community.
  • 2.01.10 Threats
  • 2.01.11 Coercion
  • 2.01.12 Conduct which could be interpreted as disorderly, lewd or indecent behavior
• 2.02 Policy on Alcohol Use (In order to ensure the safety of students, to comply with New York state law, which prohibits access to, possession, and consumption of alcoholic beverages for persons under 21 years of age, the College does not allow alcohol use/possession for those individuals under the age of 21
  • 2.02.1 Public Intoxication/Drunkenness
  • 2.02.2 Selling, delivering or supplying alcoholic beverages to persons under the age of 21.
  • 2.02.3 Consumption of alcohol under the legal drinking age.
  • 2.02.4 Possession of alcohol under the legal drinking age.
  • 2.02.5 Acquiring of alcohol under the legal drinking age.
  • 2.02.6 Being in the presence of alcohol under the legal drinking age.
  • 2.02.7 “Of-age” consumption of alcohol with a person(s) under the legal drinking age present.
  • 2.02.8 Possession of common containers, (empty or full, including, but not limited to kegs, tap systems, wine boxes, etc.).
  • 2.02.9 Alcohol in public view
  • 2.02.10 Possession of empty alcohol containers (for decoration or any other purpose).
  • 2.02.11 Participation in drinking games/contests
  • 2.02.12 Possession of alcohol paraphernalia (including, but not limited to funnels, hoses, beer pong tables, bar setups, etc.).
  • 2.02.13 Miscellaneous Alcohol Violation

Review the full “Policy on Alcohol Use” section here.

• 2.03 Policy on Drugs (The purchase, possession, use, sale, or distribution of narcotics or illegal drugs is prohibited. It is the College’s firm belief that the illegal use of drugs is inconsistent with the educational process).
  • 2.03.1 Purchasing illegal drugs
  • 2.03.2 Possession of illegal drugs
  • 2.03.3 Use of illegal drugs
  • 2.03.4 Selling or distribution of prescription drugs
  • 2.03.5 Selling and/or distribution of illegal drugs
  • 2.03.6 Possession of drug paraphernalia
  • 2.03.7 Being in the presence of illegal drugs

Review the full “Statement and Policy on Drugs” section here.

3. Residence Halls:

• 3.01 Failure to respond to the directives of a residential life staff member in the performance of his/her duties.
• 3.02 Violation of Residence Life Policy
  • 3.02.1 Violation of Residence Hall Agreement
  • 3.02.2 Unauthorized Room Change/Hall Transfer
  • 3.02.3 Student Visitation/Guest Policy
  • 3.02.4 Courtesy & Quiet Hours Policy
  • 3.02.5 Appliance/Prohibited Item Policy
  • 3.02.6 Pet(s) Policy
  • 3.02.7 Damage to Public Area
  • 3.02.8 Removal of College property from designated areas
  • 3.02.9 Hall Sports
  • 3.02.10 Building Exteriors
  • 3.02.11 Solicitation

Review the full “Residence Hall Policies” section here

4. Conduct Infractions:

• 4.01 Failure to comply with the sanctions imposed by the conduct officer or judicial advisor.
• 4.02 Falsification, distortion, or misrepresentation of information before a judicial body or officer.
• 4.03 Attempting to discourage an individual’s proper participation in a judicial hearing.
• 4.04 Harassment or intimidation of a judicial board member prior, during, or after a judicial hearing.
• 4.05 Knowingly assisting in the violation of this code.
• 4.06 Continued infractions of this Code.

5. Fire/Campus Safety:

• 5.01 Careless or malicious use of fire; tampering with a fire control device, or falsely reporting a fire or a bomb.
• 5.02 Possession, distribution, or use of fireworks, explosives, incendiaries, or dangerous chemicals while on the property of the College.
• 5.03 Fire Safety Regulations
  • 5.03.1 Smoking/Vaping Policy
  • 5.03.2 Evacuation Policy & Procedures
  • 5.03.3 Holiday Decorations

Review the full “Fire Safety” section here.

6. Theft & Damage:

• 6.01 Theft (Includes all forms of larceny, burglary, robbery)
• 6.02 Damage to/Destroying of College property
• 6.03 Vandalism

Review the full “Theft & Damage” policy here.

To see full description of policy & definitions listed below, please visit our Equal Opportunity page.

7. Discriminatory & Bias Related Offenses:

• 7.01 Discriminatory Harassment
  • 7.01.1 Discriminatory and Bias-Related Harassment

8. Sexual Misconduct:

• 8.01 Sexual Harassment
• 8.02 Non-Consensual Sexual Intercourse
• 8.03 Non-Consensual Sexual Contact
• 8.04 Sexual Exploitation

9. Other Offenses:

• 9.01 Threatening Physical Harm
• 9.02 Causing Physical Harm
• 9.03 Extreme Verbal Abuse
• 9.04 Other conduct which threatens or endangers the health or safety of any person.
• 9.05 Discrimination
• 9.06 Intimidation
• 9.07 Hazing
• 9.08 Bullying

Hearing Outcome(s)

One or more of the following outcomes is imposed if a student admits, or is found responsible for, a violation of the Student Code of Conduct in accordance with the above stated provisions (Student Code of Conduct), including failure to comply with the conduct process and/or outcomes(s). Incomplete outcomes are cause for further disciplinary action and/or fine:

Written Reprimand and Warning: A written notice kept in the disclosure file that the individual’s behavior was inappropriate. This notice also serves as a warning regarding future policy violations.

Disciplinary Probation: A written reprimand for violation of specific regulations. Probation is for a specific amount of time and includes the possibility of more severe outcomes(s) should the student be found in violation of the Student Code of Conduct during the probationary period. Probation may also include the loss of privileges (e.g. may not attend extracurricular activities, may not participate in sports programs).

Parental Notification: Notification of outcome/incident to parent/legal guardian of record. See policy on parental notification for further information.

Restitution: Fiscal compensation for loss, damage, or injury.

Campus or Community Service: Assignment to a specific number of hours of service to the College or a community agency.

Fine: A student may be fined. Fines are deposited into an alcohol-free programming fund, which is used for education and campus events. Unpaid disciplinary fines may be placed on a student’s College bill.

Residence Hall Relocation: Transfer to another residence hall/housing assignment.

Temporary Suspension (Interim): Temporary suspension from residence halls or College: this action may be rendered for an interim period of time if, in the judgment of the conduct officer, the student’s continued presence or use of privileges at Keuka College is likely to cause harm to members of the Keuka College community or to Keuka College facilities. When a student is temporarily suspended from the College the student’s academic advisor, vice president for academic affairs and the registrar will be notified.

Residence Hall Termination/Campus Suspension: Termination of the residence hall contract: the student is removed from College housing.

Event Restriction(s): The student is prohibited from attending certain Keuka College sponsored events or activities.

Campus Restriction(s): The student is prohibited from entering certain Keuka College facilities or grounds. Deferred Suspension: The highest level of a conduct outcome prior to suspension from the College. Suspension: The student is separated from the College for a designated period of time.

Expulsion: Permanent separation from Keuka College.

Other Actions: Such other actions as the conduct officer/panel may find appropriate. This may include, but is not limited to, reflection paper(s) or letter(s) of apology.

*Students who are suspended or expelled for disciplinary reasons forfeit their right to refund of tuition or fees.

Student Conduct Panel

In order to provide students with an equitable conduct process, the Student Conduct Panel (SCP) was developed to serve as a body of peers that hears and determines cases of student policy violations.

The SCP is made up of nine student justices and one student chief justice who have been selected by the advisor and a panel of student justices. All justices have been trained in order to be knowledgeable about Keuka College policy and equitable adjudication procedures. The SCP hears first level policy violations including, but not limited to: candles, incense, first alcohol, quiet hours, guests, hall sports, etc.

As documentation of policy violations are received in the Office of Student Conduct & Community Standards, the coordinator reviews all violations and assigns each case to the appropriate hearing body or individual. When an incident is assigned to the Student Conduct Panel, several student justices and the student chief justice hear the incident. The coordinator (or designee) is also present at the hearing in a non-voting, procedural capacity.

Hearing Procedure

1. It is the responsibility of the chief justice to notify the student of the charges, date, time, and place of the conduct panel hearing. Any student who is unable to attend the hearing due to legitimate purposes (i.e. class, medical issue, etc.) must contact the chief justice to either reschedule the hearing or submit a written statement outlining the student’s involvement in the alleged policy violation. Submission of such statement signifies the student’s permission to have the incident heard in absentia.
2. Hearings are conducted in private and all parties involved will be informed that the proceedings and any decisions made will be kept confidential.
3. Any party to the panel hearing may be advised by a member of the College—including another student, staff member, faculty member or parent. During the panel hearing, no party may be represented by legal counsel.
4. Admission of any person to the panel hearing will be at the discretion of the SCP
5. The accused shall have the right of presenting witnesses (not more than three), subject to the right of cross-examination by the SCP.
6. No “character witnesses” may be present to give statements.
7. The SCP members may ask questions of the responding student at any time subject to relevance as determined by the chief justice or the advisor (or designee).
8. Persons disruptive to the panel hearing procedures will be expelled from the panel hearing by the chief justice or advisor (or designee).
9. The chief justice has the right and responsibility to evaluate and qualify all forms of presented evidence. The chief justice may choose to consult with the advisor (or designee) regarding these decisions.
10. All procedural questions are subject to approval by the chief justice. The chief justice may choose to consult with the advisor (or designee) regarding these decisions.

Disposition

1. After the panel hearing, the SCP reviews any materials and documentation submitted and determines by majority vote whether the behavior of the responding student constitutes a violation of the Code of Conduct or Keuka College policy.
2. If the SCP determines a policy violation has occurred, then the panel will come to a majority decision concerning the outcomes. The chief justice shall inform the student in writing of the outcome of the incident. Any outcomes levied by the SCP become effective immediately upon notification unless otherwise specified or unless the student submits an appeal to the advisor.

Conduct Officer

Responsibilities

This section outlines the responsibilities of the conduct officer.

1. The conduct officer may carry out a conduct hearing if alleged violations are brought to their attention by Keuka College officials, employees, students, or members of the general public. The conduct officer will also determine if the referral can be disposed of administratively on a basis acceptable to both the conduct officer, and the accused party or parties. If such is the case, the decision imposed by the conduct officer is final.
2. Upon concluding any hearing, the conduct officer notifies the accused student in writing of the charge(s), the complaint(s), the date(s) of the alleged violation(s), and the Code of Conduct section(s) that are alleged to have been violated. A time shall be set for such a hearing, not more than 15 days after the student has been notified of their alleged violations of the Code of Conduct. Maximum hearing time limits may be extended by the conduct officer.

Hearing Before the Conduct Officer

1. During the hearing, no party may be represented by legal counsel. The student may be accompanied by an advisor who may be his or her parent(s), legal guardian(s), faculty, staff, or another student, but have a non-speaking role, and must sign a FERPA release form.
2. The conduct officer may hear and consider any relevant information. Efforts will be made to obtain the most reliable information available. The following may not be considered in the hearing process:
   1. Information obtained through a search of the student’s person, effects, or room without their consent or appropriate notification, unless obtained through a warrant or through conditions stated in Keuka College policies.
   2. The suspected student’s refusal to consent to a search or to give information concerning the alleged facts, if a criminal prosecution relating to the same violation is pending, independent of the conduct hearing. The conduct officer will notify the student in advance of the right to remain silent and will draw no inference from the student’s refusal to give information.

Disposition

After formulating a decision, the conduct officer will inform the student of the following possible outcome(s):

1. Dismiss the referral.
2. Impose appropriate outcomes to become operative immediately upon written notice to the student (unless otherwise specified). Outcomes are deferred in the event of an appeal. The results of the hearing are confidential (with the exception of cases of sexual assault or rape wherein federal law requires the victim to be notified).
3. Reassign the incident if the conduct officer is in doubt as to whether the student violated the Code of Conduct or if the matter may involve the suspension or expulsion of the student.
4. The coordinator of student conduct and community standards also considers all matters that may involve the suspension or expulsion of a student. Behavior that would warrant such separation includes that which is of a recidivist nature or that which poses a significant threat to the well being of the College students, or personnel.
5. The coordinator of student conduct and community standards may temporarily suspend (interim) any student pending the closing of a conduct hearing, if, in the judgment of the coordinator, the student’s continued presence at Keuka College poses a significant threat to the general welfare of the College personnel, students, or facilities. A student suspended under this section may seek review of this decision by requesting the coordinator to reconsider the decision within seven calendar days after the student has received the notice of interim suspension.

Conduct Appeal Process

For an appeal to be considered, appeals must be submitted in writing to the appropriate appellate officer within three calendar days after the student has received written notice of the findings and/or any outcomes. Appeals must state one of the following specific grounds to be considered.

Appeals can be made for the following reasons:

1. New Evidence—which is available now, that was not available at the original time of the hearing.
2. Review of Procedures —The original hearing was inconsistent with the established student conduct procedures.
3. Appropriateness of Outcome—The sanction(s) imposed are substantially inconsistent with the severity of violations(s).

Once the appellate officer receives the letter of appeal, they will review the case/documentation and make a decision within three calendar days. The student will be notified (in writing) of the decision. The appellate officer may extend the maximum appeal time limits.

Upon conclusion of the appeal review, the appellate officer may

1. Uphold the earlier decision imposed by the initial conduct officer (on the record).
2. Find the earlier sanctions inappropriate and impose new sanctions (which may be more or less stringent than the original sanctions).
3. Order a new hearing based on procedural integrity (“de novo”).

The outcome of the appeal is considered final and binding.

To Whom Should Students Appeal?

Specific questions regarding conduct process and procedure should be directed to the coordinator of student conduct and community standards who serves as chief conduct officer for the institution.

Revision and Amendment to the Student Code of Conduct

The Student Code of Conduct is reviewed annually under the direction of the coordinator of student conduct and community standards.

Date of Last Handbook Review: October 5, 2017.