Rules of the SUNY Morrisville Council

Rules of The SUNY Morrisville College Council
Regulating Student Conduct And Behavior

Pursuant to Section 356 of the Educational Law of the State of New York, the Council of the State University College of Agriculture and Technology at Morrisville (SUNY Morrisville) adopts the following Student Code of Conduct.

ARTICLE I. Definitions

  1. “Conduct or Action” shall include, but not be limited to, failure or refusal to act.
  2. “Employee” means any person employed by SUNY Morrisville, and including independent contractors, and organizations that exist for the benefit of the college. i.e. MAC
  3. “College” means SUNY Morrisville.
  4. “Faculty” mean members of the faculty of SUNY Morrisville.
  5. “Student” means a person currently and duly enrolled at SUNY Morrisville.
  6. “Officer of the College” means an administrative officer of SUNY Morrisville.

ARTICLE II. Student Government

Section 1

The Council recognizes the Student Government Organization as an elected governing body representing the entire student body of the College.

Section 2

The Student Government Organization is authorized to formulate and operate extracurricular activities, prepare an annual budget, and determine the annual student activity fee, subject, however, to approval by the President of the College and the College Council.

Section 3

The Student Government Organization shall prepare an annual budget to support its planned activities, subject to the approval of the President of the College. The established student fee will be collected at registration time and placed in the Student Association account. The record of the financial affairs will be kept by the College Financial Officer and all vouchers for payment from the student fund must be countersigned by the President of the College or designee. This fund will be audited by State Auditors.

ARTICLE III. Student Rights

SUNY Morrisville students possess specific individual and group rights and responsibilities, which help the College in making decisions concerning the welfare and behavior of its students. These rights carry with them reciprocal responsibilities on the part of the individual to ensure these same rights for other students. The following statements define minimal expectations regarding these rights and responsibilities.

  • Students have the right to free speech and assembly insofar as it does not infringe on the rights of others or cause disruption to the educational mission of the institution.
  • Students have the right to be free from intimidation and harassment in any form.
  • Students have the right to express themselves within established guidelines.
  • Students have the right to direct access of faculty and staff who can provide assistance, guidance and support as needed.
  • Students have the right to equitable treatment when behavior is in question.
  • Students have the right to enjoy individual freedoms without regard to race, sex, national origin, disability, age, religion, sexual orientation, or political affiliation.
  • Students have the right to participate in student governmental bodies and other opportunities which are part of the College program.
  • Students have the right to individual and group educational and developmental opportunities.
  • Students have the right to written copies of College policies, rules, and regulations or individual building policies which govern individual and group behavior.
  • Students have the right to the respect and safety of personal property. The College reserves the right to require residents to remove materials from publicly visible surfaces of College property (ex: exterior door surfaces, windows).
  • Students have the right to seek group recognition from the College by following published procedures for such recognition.
  • Students have the right to be treated as adults responsible for their own behavior in areas such as housing, financial aid, and academics.
  • Students have the responsibility to ensure that their behavior does not infringe on the above rights of others in the College community.

ARTICLE IV. Student Conduct

Section 1

The Morrisville College Council believes in responsible personal freedom for students.

Section 2

The administration and faculty of SUNY Morrisville are responsible for maintaining an atmosphere of law and order conducive to educational achievement and SUNY Morrisville Council holds the College President responsible for the conduct of the student body.

Section 3

Free speech and assembly with responsibility shall be encouraged, but free speech and assembly without responsibility shall be discouraged. No student may speak or act officially for the College or for a College organization without written authorization by the College President or Council.

Section 4

College officials shall cooperate with legal authorities in the solution of cases when local, State or Federal laws have been broken.

Section 5

The purchase, possession, distribution, or use of alcohol by students or their guests on College property or property operated for the benefit of the College is prohibited. Exception to this policy is granted to the Morrisville Auxiliary Corporation. Upon approval by the College President, Vice President, or Office of Student Rights and Responsibilities, alcohol may be served at College sponsored events or specifically approved student functions in the College restaurant, the Copper Turret. These functions must be serviced by the Auxiliary Corporation and operated in accordance with Federal, State and local laws under the license obtained by the Auxiliary Corporation. All students found in rooms where alcohol is served are subject to College Judicial action. Alcoholic beverage containers (including but not limited to empty cans, bottles, kegs) are not permitted in Residence Halls with the exception of apartments and only as permitted by the college’s alcohol policy. Residence Life Staff is authorized to confiscate any alcoholic beverages found in Residence Halls and dispose of it in cooperation with University Police. STUDENTS ARE SUBJECT TO ALL STATE AND LOCAL LAWS CONCERNING THE USE, SALE OR TRANSPORTATION OF ALL ALCOHOLIC BEVERAGES. SUNY Morrisville reserves the right to furnish written notification disclosing any Student Code of Conduct violation, involving the use or possession of alcohol or drugs, to the parents and/or guardians of students who are under the age of 21 at the time of the incident.

Section 6

There will be no gambling (beyond the approved academic setting) at SUNY Morrisville.

Section 7

No illicit drugs shall be brought onto College-owned/operated property or used by any student. The College will continue to cooperate with health and law enforcement agencies regarding the use or possession of these illegal substances, and will provide no sanctuary for those who violate drug laws.

Section 8

Students who live in SUNY Morrisville residence halls and apartments must sign the College Housing License that is binding for a full academic year and hold a residential meal plan. Students living in residence halls who take occupancy in the fall semester are liable for that academic year (fall and spring semester), students living in residence halls who take occupancy in the spring semester are liable for that spring semester. All freshmen and sophomores are required to live on Campus. Exceptions to the housing requirement are possible for students who transfer to SUNY Morrisville (and are designated above sophomore status), those who can commute from their permanent address within a 30-mile radius from the College, married, veteran status, have children or those over the age of 21. Should students, who would otherwise be exempt from the housing requirement (for reasons previously stated), choose to live in the residence halls or apartments, they will be expected to meet all conditions of the College Housing License. Students who wish to be released from their College Housing License must apply for release in the Office of Residence Life. Students may or may not be released from their license and should not move off campus or enter into any non-college housing agreement until their application is reviewed and a decision is reached by committee. If the committee grants a request to move out of College housing, the student will be charged a mandatory administrative processing fee equivalent to one month’s room rent (all calculations will be performed by the Business Office). The College does not provide married/family student housing. Any student is subject to expulsion from the residence halls/apartments or College for misconduct or violation of the College Housing License. Students who are academically dismissed, move out of the dorms and then are reinstated, will remain contractually bound by the College Housing License they signed prior to their expulsion. College Residence Life Staff reserves the right to terminate the license and take possession of a room whenever violation of regulations warrants such termination. Where the termination of a license results from College Judicial action, no refund is allowable. Residence Life Staff reserves the right to reassign the occupant(s) or terminate the license when in the College’s judgment it is in the best interest of the Residence - 91 - Halls. By signing the license, a student agrees to abide by all regulations of SUNY Morrisville and particularly those listed in the College Housing License” “Rules of the SUNY Morrisville Council Regulating Student Conduct and Behavior,” and “Student Code of Conduct.” The College Housing License is subject to changes as deemed necessary by the College. Students who wish to live off Campus are responsible for finding their own housing. The College is not a party to any arrangements students make with any non-College landlords.

Section 9

Students shall be permitted to use private automobiles for transportation to and from SUNY Morrisville as long as they use their automobiles in a reasonable manner. Students not complying with the driving and parking regulations of the College and of the Village of Morrisville will be requested to leave their automobiles at home.

Section 10

Any student group seeking official recognition by the College shall furnish its written objectives and its proposed constitution and by-laws to the President of the College. These will be considered by the President and College Council and a decision made whether recognition shall be granted. No student or student group may use the name of the State University of New York or SUNY Morrisville, or identify their association with either of the above bodies, unless specifically authorized to do so by the College Council. Students holding an elected or appointed office position in any club or organization must maintain a 2.0 grade point average.

Section 11

Rules for the use of College buildings shall be formulated by the College President and changed from time to time as necessary. In general, the SUNY Morrisville Council believes that the buildings should be used to full advantage by students and by the general public without charge. However, a charge will be made to any group seeking to use the College building for activities designed to make a profit.

ARTICLE V. Student Code of Conduct

SUNY Morrisville is a College community established for educational purposes and like any other community depends upon rules for its orderly existence. Students may be disciplined for failing to abide by the Student Code of Conduct. Individuals are expected to assume responsibility for their behavior and for that of the groups to which they belong. Students of the SUNY Morrisville community are expected to abide by local, State and Federal laws. The College will provide no sanctuary for those who violate such laws. While most College Judicial actions are the result of violations to the Student Code of Conduct or other College Policy on College-owned/operated property, the institution reserves the right to discipline members of its student body for infractions of local, State or Federal laws which occur beyond College-owned/operated property, if it is determined by the Office of Student Rights and Responsibilities that the individual(s) allegedly involved in such incidents pose a potential threat to safety of others or to the integrity of the educational function of the College.

The Following List Offers General Descriptions of Student Code of Conduct Violations

  1. The unauthorized sale, purchase, distribution, possession and/or use of alcohol or illicit drugs by students on College property.
  2. Harassment. Actions, verbal or physical, directed at a specific individual(s), which interfere with their personal liberty or may lead to injury, emotional distress, humiliation or discomfort.
  3. Failure to comply with the directives of College officials performing the duties of their office, especially as they are related to the enforcement of College Policy or the maintenance of safety and security.
  4. Any disruptive or disorderly conduct which interferes with the rights of any member of the College community or threatens the mental or physical health or safety of another, or one’s guest, including intoxication or use of illicit drugs.
  5. Use of physical means (restraint, assault, or otherwise) to resolve conflict.
  6. Theft, damage or defacement of personal or College property and illegal use or possession of the same.
  7. Possession of weapons including but not limited to knives except as permitted as food utensils or academic tools, clubs, firearms, ammunition, fireworks, bows and arrows, air guns, slingshots or any weapon capable of hurling a projectile.
  8. Unauthorized removal or displacement of books and/or materials from College facilities (i.e., library, Residence Halls, gym, dining halls, offices). Students who have such material in their possession will be considered as knowingly participating in the use of stolen property.
  9. Use or trespass of any College property/facilities including classrooms without prior approval, and failure to comply with an official request to discontinue use of such facilities.
  10. Plagiarism, cheating or any form of academic dishonesty or academic misconduct (Includes misuse of academic resources including facilities, computers, networks or data).
  11. Falsification/misrepresentation of information on College records or providing false information regarding self to the College or a College official.
  12. Setting fires, initiating false alarms, tampering with safety or firefighting equipment or failure to adhere to fire evacuation procedures.
  13. Door to door soliciting or leafleting by individuals or groups in the Residence Halls is prohibited. The appropriate College official must approve fundraising by College organizations.
  14. Bias behavior. Defined as personally abusive epithets directed at an individual, which, in the context used, and as a matter of common knowledge, inherently are likely to provoke a violent reaction, whether or not they actually do. Such words include, but are not limited to, those terms widely recognized to be derogatory references to race, ethnicity, religion, sex, sexual orientation, disability or other personal characteristics.
  15. Repeated violations of College Policy, which by themselves would not warrant suspension or expulsion but collectively, indicate that further attendance by the student is not in the best interest of the students or the College.
  16. Violation of the College Housing License or any other published College Policy.
  17. Knowingly assisting in the violation of any College Policy.
  18. The use of self-defense sprays in an offensive manner or as a disruption to an individual or group.

ARTICLE VI. Sanctions

College Judicial affairs staff may impose sanctions when a student is found to have violated the Board of Trustees Rules for the Maintenance of Public Order, College Council Rules, or policies published in the College Housing License, Student Handbook, or College Catalog.

ARTICLE VII. Suspension or Expulsion of a Student for Non-Academic Reasons

Section 1. Grounds

[As discussed in The SUNY Board of Trustees Rules for the Maintenance of Public Order (9f)] Temporary suspension from all or part of the institution’s premises or facilities may be ordered by the Office of Student Rights and Responsibilities or designee for a nonacademic reason where the conduct of the student has been unlawful or in violation of rules and regulations of SUNY Morrisville, or in the event that a student who has been accused of a violation fails to respond to the Office of Student Rights and Responsibilities when asked to do so. The Office of Student Rights and Responsibilities or designee shall grant a hearing as soon as possible upon the request of any student so removed with respect to the basis of the action.

Section 2. Hearing

The College Judicial Boards have been established to hear cases in which a student is facing possible suspension or expulsion. A student will receive written notification of the time and place of a hearing at least ten (10) days before the hearing, unless the student charged waives the 10-day minimum notification period. Whenever possible, written notification will be accomplished by “personal delivery” by a staff member. Methods of delivery may also include one or more of the following: handing a notice to the student, delivery to the campus mailbox, e-mail as an attachment to the student’s college e-mail account. If the student cannot be found at College with reasonable diligence, delivery may be accomplished by sliding the notice under the door of the student’s on-campus room, or through the U.S. mail to the student’s off campus address. Phone calls, voice mail messages and fax transmissions are occasionally used to reinforce the notification process. These methods will be considered reasonable and sufficient methods of providing notification. Students are responsible for effectively monitoring their college e-mail account and mailbox. The technical rules required by court procedures need not be followed. Hearings will be held in such a way as to afford those accused of violations and their accusers the opportunity to present fair and reasonable evidence. The student(s) accused of a violation shall represent themselves. The Office of Student Rights and Responsibilities or designee shall represent the College community interest. The accused shall be entitled to be accompanied by an advisor of his/her choice. An advisor shall be a member of the faculty, staff, student body, parent/legal guardian, or an attorney. Students accused of violating a college policy are entitled to be accompanied by an advisor of his/her choice. An advisor can be a member of the faculty, staff, parent/legal guardian, or an attorney. Advisors may not actively participate in the hearing or they may be asked to leave. A pamphlet to acquaint advisors with their role is available in the Office of Student Rights and Responsibilities. The Office of Student Rights and Responsibilities shall keep record of the substance of the hearing. Only college judicial affairs staff may record judicial meetings or proceedings. No other recordings are permitted. Such records often contain personally identifiable and sensitive information about participants. Recordings may be destroyed after the appeal deadline has passed according to record retention policy. MSC does not automatically duplicate or share recordings or written transcripts of hearings. Students charged in a hearing may review a recording during business hours in the Office of Student Rights and Responsibilities. Such review will not include rerecording or transmission to others and efforts may be made to avoid sharing personally identifiable information of others. The Office of Student Rights and Responsibilities may report the findings to the College community without revealing personally identifiable information.

Section 3. College Judicial Board

This College Judicial Board will hear disciplinary cases referred by the Office of Student Rights and Responsibilities or designee as a result of violations which could result in suspension or expulsion from the College. The College Judicial Board is comprised of presidential appointees representing the College community. The College Judicial Board has the following responsibilities: hears cases referred; hears available evidence related to the case in question; seeks answers to questions pertaining to statements and evidence presented; reaches a finding regarding responsibility for charges against the student after full discussion of the case in closed session; and presents the findings to the Office of Student Rights and Responsibilities within 24-hours after the hearing concludes, or the next business day if the hearing concludes on a Friday.

Section 4. Appeal Process

A Request for an Appeal Hearing may only be submitted when the accused student (or in cases of sexual misconduct when the complainant) believes:

  1. A procedural error occurred during the process.
  2. That new information that was not available at the time of the College Judicial Board hearing has come to light.
  3. The sanction imposed is unfair or inappropriate. All decisions made by the Appellate Board are final. Presidential power remains. See Judicial Affairs Appeals section for more details.

Section 5. Default

The failure of a student to attend a College Judicial Board Hearing, an Appellate Board Session, or an Appeal Hearing after being given due notice will be considered to be in a state of default, resulting in the determination of the case in their absence.

ARTICLE VIII. Other Rules and Regulations

The President of the College may make other rules and regulations not inconsistent herewith.