About the Office of Judicial Affairs

 
What does the College Judicial System do?
How is the College Judicial System different from other civil and criminal court proceedings?
What kind of sanctions may be imposed?
How do I file a complaint against a SUNY Oswego student?
What happens after I file a complaint, or if a complaint is filed against me?
What will my role be if I choose to file a complaint or I am accused of violating the Code of Student Conduct by someone else?
What types of judicial hearing bodies are available to process my complaint or the complaint filed against me?
When will I receive the decision from my hearing?
Can I appeal the decision if I am found responsible for the violation?
Is any help available to me?
Will my parents be contacted by the College if I file a complaint or a complaint is filed against me?
Will my parents be contacted if I violate law off campus?
Will my parents be contacted if I violate a College policy?

What does the College Judicial System do?
The College Judicial System resolves alleged violations of SUNY Oswego's Code of Student Rights, Responsibilities and Conduct ("Code of Student Conduct") by a student or a student organization. The jurisdiction of the system extends to alleged misconduct in the following locations:

• on College owned property;
• at any College sponsored event, including off campus events sponsored by registered student organizations and student groups or by non-registered student groups who advertise on campus;
• at College sponsored programs off campus; and
• at any location when the misconduct by a student toward any member of the College community may adversely affect the College's educational purposes.

How is the College Judicial System different from other civil and criminal court proceedings?
The College Judicial System is completely independent of either civil or criminal proceedings but may act simultaneously with either civil or criminal proceedings. The College Judicial System is administrative and intended to be educational in nature rather than punitive.
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What kind of sanctions may be imposed?
SUNY Oswego views its judicial system as a means of protecting the individual rights and property of the members of its community. The standard of proof required to reach a conclusion is known as "a preponderance of evidence" and indicates that it is "more likely than not" that an incident did, or did not, occur. The College has designed the system to educate all parties to uphold the highest standards of ethical behavior. Sanctions are intended to secure these goals, and may range from individually tailored remedial and educational sanctions up to, and including, temporary or permanent separation from the College.
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How do I file a complaint against a SUNY Oswego student?
Complaints may be filed by any student, faculty or staff of the College against any student(s) or recognized student organization by filling out a Statement of Charges, available in the Office of Judicial Affairs, 501 Culkin Hall. Any formal documentation of the allegations should be attached to the form.
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What happens after I file a complaint, or if a complaint is filed against me?
The Office of Judicial Affairs will send a letter to the accused student(s) or student organization and indicate that a complaint has been filed. This letter requests a meeting with the accused student(s) or the president of the student organization to discuss the judicial process and the allegations. In some less serious or complex cases, this meeting (known as a disciplinary conference) will be conducted with the Assistant Dean of Students, or designee, who will work with the parties to reach an informal resolution of the judicial complaint.
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What will my role be if I choose to file a complaint or I am accused of violating the Code of Student Conduct by someone else?
If you choose to file a complaint or are accused of violating the Code of Student Conduct, it will be your responsibility to appear before a hearing body and personally present any testimony, evidence, or witnesses that you wish to be considered by the hearing body in reaching its decision.
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What types of judicial hearing bodies are available to process my complaint or the complaint filed against me?
Depending on the nature of the incident, the severity of the conduct, and prior incidents of misconduct, one of the following judicial hearing bodies will process the complaint.

• College Level Judicial Hearing Bodies
  (which may impose suspension or expulsion as an appropriate sanction):
  • Student Conduct Committee (normally, 3 students, 1 faculty, and 1 administrator)
  • Vice President for Student Affairs or designee (if accused student admits responsibility and/or waives rights to a hearing or violates a condition of Disciplinary Probation)
• Departmental Level Judicial Hearing Bodies
  (which may not impose suspension or expulsion):
  • Peer Judicial Board (5 students)
  • Hearing officers designated by the Judicial Code Administrator
• Disciplinary Conference
  (which may not impose suspension or expulsion):
  • Administrative meeting with the Assistant Dean of Students for Judicial Affairs, or designee, to resolve the judicial charges without a formal hearing

In all of the hearings, the Judicial Code Administrator will assure that all proceedings are scheduled and processed in a fair and timely manner.
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When will I receive the decision from my hearing?
Within five (5) class days after the adjournment of the hearing or disciplinary conference, the judicial hearing body shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Assistant Dean of Students for Judicial Affairs to have a legitimate interest in the result. In the case of sexual misconduct (Section 43.D.) and violations involving physical violence, notice of findings and sanctions imposed shall also be received by the complainant.
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Can I appeal the decision if I am found responsible for the violation?
Appeals from the decision of a College level judicial body/officer (i.e., Student Conduct Committee or Dean's level hearing) shall be directed in writing by the respondent to the President of the College or designee of within five (5) class days of the respondent's receipt of the written decision. The President shall provide the respondent and the Assistant Dean of Students for Judicial Affairs with a written explanation of any modification of the decision. (Student Handbook, Section 45.G.)

Appeals from the decision of a departmental hearing body/officer shall be directed to the Assistant Dean of Students for Judicial Affairs in writing by the respondent within five (5) class days of the respondent's receipt of the written decision. The Administrative Appeals Board shall provide the Assistant Dean of Students for Judicial Affairs with written explanation of any modification of the decision.  (Student Handbook, Section 45.G.)

An appeal decision shall be based on consideration of the following:

• Due process requirements
• Sufficient or new evidence
• Appropriateness of the sanction

All appeals are final within the campus judicial system.

To appeal a College level hearing decision:
President Deborah F. Stanley
Office of the President
706 Culkin Hall 

To appeal a Departmental level hearing decision:
Chairperson
Administrative Appeals Board
Office of Judicial Affairs
501 Culkin Hall
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Is any help available to me?
Each party is allowed to have an advisor of his or her choice who can assist the individual throughout the judicial process, but the primary responsibility rests with the complainant and with the accused student. A list of Judicial Advisors (available in the Office of Judicial Affairs), who have received training in the College Judicial System, have indicated their availability to assist both complainants and accused students throughout the judicial process. Counseling and other personal support resources are available if the need arises.
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Will my parents be contacted by the College if I file a complaint or a complaint is filed against me?
College judicial proceedings are confidential in nature and subject to strict confidentiality provisions of the Family Educational Rights and Privacy Act of 1974, as amended. Students have the right to inspect and review their disciplinary file, and to challenge the contents of the file through a formal hearing. The Office of Judicial Affairs will not release information contained in the disciplinary file to third parties without the student's written consent. Nonetheless, the College reserves the right to contact parents of dependent students as defined by the Internal Revenue Code.

The College publishes statistics and other reports related to judicial matters each semester without disclosure of names or other personal identifiers.
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Will my parents be contacted if I violate law off campus?
The College and City of Oswego work together to improve the quality of life in the Oswego City community for students and their neighbors. Information regarding student behavior off campus is routinely shared with the College by the Oswego City Police where violations occur related to the use of alcohol and other drugs. Violations of City ordinances or state and federal law may be reported to the College by the City Police and subsequent College disciplinary action may result. The Mayor's Office may notify parents, by letter, of any student arrest off campus for student behavior related to use of alcohol and other drugs.
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Will my parents be contacted if I violate a College policy?
The Family Educational Rights and Privacy Act of 1974 was amended to permit colleges and universities to disclose to a parent or legal guardian of a student under the age of 21 information regarding any violation of Federal, State or local law, or any rule or policy of the institution, where the incident includes use or possession of alcohol and/or controlled substances. Oswego State recognizes the important role that parental involvement may have in promoting positive choices by our students and reserves the right to notify parents of their student’s use, possession, or distribution of alcohol or illegal drugs. In order for a parent or legal guardian to be notified, the student must:

• be under the age of 21;
• be found responsible for a violation of Federal, State or local law, or any rule or policy of Oswego State, governing the use or possession of alcohol and/or controlled substances; and
• be sufficiently out-of-control, intoxicated, or losing consciousness to warrant transport to the Oswego Hospital emergency room, or arrest.

1. First Violation
   Notification after the first violation may occur on an individual basis depending on the severity of the incident or immediately upon preparation of a Statement of Charges by the Office of Judicial Affairs. Students will be encouraged to contact their parent or legal guardian before a letter is sent by the Office of Judicial Affairs.
2. Second Violation
   Notification will occur after a student is involved in a second violation of the Alcohol and Other Drugs Policy.