Student Conduct Procedures for Allegations of Sexual and Interpersonal Violence

(See full policy under Sexual and Interpersonal Violence Prevention, Policies and Procedures.)

47.  In general, the procedures listed in section 46 of this code (student conduct procedures) will be followed with some notable differences specific to cases of sexual discrimination as listed here.

Conduct proceedings are governed by the procedures set forth in the SUNY Oswego Student Handbook (http://www.oswego.edu/student/handbook.html) as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions. Reporting individuals (victim/survivors) can request that student conduct charges be filed against the accused/respondent.

     A.  Throughout conduct proceedings, the accused/respondent and the reporting individual will have:

  • The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the accused/respondent, including the right to a presumption that the accused/respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.

  • The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.

  • The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals (Respondent) will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.

  • The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) days except when law enforcement specifically requests and justifies a longer delay.

  • The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by SUNY Oswego).

  • The right to present evidence and testimony at a hearing, where appropriate.

  • The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.

  • The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in college disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.

  • The right to ask questions of the decision maker/hearing officer/code administrator and via the decision maker/hearing officer/code administrator indirectly requesting responses from other parties and any other witnesses present.

  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.

  • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions, and the rationale for the decision and any sanctions.

  • The right to written or electronic notice about the sanction(s) that may be imposed on the accused/respondent based upon the outcome of the conduct proceeding. Students who are found responsible for sexual assault will be suspended (with additional requirements) or expelled.  Students found in violation of dating violence, domestic violence, sexual harassment or stalking will be either placed on disciplinary probation, placed on deferred suspension, suspended or expelled.  Students that are placed on disciplinary probation, deferred suspension or suspended may be sanctioned intervention services, restrictions from accessing college or community buildings, and educational programs.  For more information, review the Code of Student Rights, Responsibilities and Conduct.

  • Access to at least one level of appeal of a determination before the Appellate Hearing Committee, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.

  • The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained in the Student Conduct office for at least five years.

  • The right to choose whether to disclose or discuss the outcome of a conduct hearing.

  • The right to have all information obtained during the course of the conduct process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

  • The burden of proof in all cases is “the preponderance of the evidence” - whether it is “more likely than not” that the sex discrimination, sexual harassment, sexual assault, sexual violence, stalking, domestic violence or dating violence occurred. If the evidence presented meets this standard, then the Respondent must be found responsible.

  • All deadlines and time requirements in the Code may be extended for good cause as determined by the Assistant Dean of Students.  Both the respondent and the complainant will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or event. Extensions requested by one party will not be longer than five (5) class days.