Genesee Community College respects the dignity of each individual member of the College community. The College recognizes certain rights and responsibilities as critical to the growth, safety, and educational success of each student.
In defining the rights and responsibilities of students, the College adheres to the 1967 Joint Statement on Rights and Freedoms of Students, the 1940 AAUP Statement on Principles of Academic Freedom, and subsequently approved Interpretive Comments (1970). Nothing in this Code shall be construed to be in conflict with those documents.
2.1 General Educational Rights
Student rights include, but are not limited to:
The opportunity to pursue higher education;
Freedom to exercise the rights of citizenship, association, inquiry, and expression;
Appropriate privacy and confidentiality;
A safe and supportive learning environment;
Fair and equal treatment, instruction, evaluation, and services by faculty, staff, and students;
Freedom from retaliation for raising a concern, filing a report, or participating in a College process; and
Procedural fairness in grievance and disciplinary processes, as described in 2.3 and Section 6.
Most importantly, students have the right to equitable access to a quality education. This includes, but is not limited to, the right to competent instruction in courses and programs; the right to assistance in overcoming educational, cultural, emotional, and economic barriers which hinder the educational process.
2.2 Student Responsibilities
As a corollary to the aforementioned rights, students are expected to assume the following responsibilities:
To be knowledgeable of, and comply with, the directives, regulations, and laws as established by the SUNY Board of Trustees and the Genesee Community College Board of Trustees;
To respect the rights of individuals and groups to independent action, as long as those rights do not interfere with the parallel rights of others;
To be knowledgeable of, and comply with, the directives, regulations, and laws of duly constituted civil authorities;
To know and follow any additional standards that apply to them because of where they live, what they study, or what they participate in, as described in Section 1;
To keep the College informed of their current contact information, and to check their College-assigned email account, which the College uses for official notice; and
To participate honestly in College processes, including by not providing false information and not interfering with a report, investigation, or hearing.
2.3 Rights of Responding Students
The College is committed to a fair, educational, and respectful conduct process. Any student charged with involvement in a conduct matter has the following rights. These rights apply throughout Section 6. Where Section 4 applies, the rights and procedures in Section 4 control.
You are presumed not responsible. You are presumed not responsible for a violation unless and until the College determines otherwise. The College carries the burden of showing that a violation occurred. You do not have to prove that it did not.
You will receive written notice. You will be told in writing what conduct was reported, which parts of this Code are at issue, and when and where you are being asked to meet. If new allegations are added, you will receive new notice and a new opportunity to prepare.
You will have a chance to respond. You will not be found responsible without first being given a meaningful opportunity to respond. You may choose not to speak or not attend a hearing. Choosing not to speak is not evidence that you are responsible, and the College will decide the matter on the information available.
You will be treated fairly. Anyone deciding your case must be free from bias or conflict of interest. If you believe a decision-maker cannot be impartial, tell the College in writing before the meeting or hearing begins, and you will receive an answer in writing. Cases are decided on a preponderance of the evidence, which asks whether it is more likely than not that the conduct occurred. Your prior conduct record is not generally considered in deciding whether you are responsible, though it may be considered in deciding a sanction.
You may request accommodations. If you have a documented disability or other access need, you may request accommodations to participate fully in the process. Contact the Office of Access & Accommodations at (585) 343-0055 ext. 6045 or access@genesee.edu. Requesting an accommodation will not unreasonably delay or prejudice your case.
Your information is protected. Conduct records are education records under the Family Educational Rights and Privacy Act (FERPA). Conduct proceedings are private. Information is shared only with College officials who have a legitimate educational interest, and otherwise as permitted or required by law. See Section 7.
You will be offered support. You will be able to access support resources, including counseling, academic support, and basic needs support. Using these services is not an admission of anything, and it will not be used against you. Request support any time in or after the process.
You are protected from retaliation. No one may retaliate against you for participating in the conduct process, whether as a respondent, a reporting party, or a witness. Retaliation is itself a violation of this Code. If you believe you are experiencing retaliation, tell the Dean of Students Office.
The following rights apply to administrative hearings and Hearing Board hearings under Section 6.
You may bring an advisor. You may have one advisor with you. An advisor may be a friend, a family member, or a College employee. Your advisor is there to support and advise you, and may not speak for you or participate directly. Attorneys may serve as advisors in matters governed by Section 4, and where otherwise required by law.
You may review the information in your case. You will be told what information the College is relying on, and you may review the case record on request, including for the purpose of preparing an appeal.
You may present your side. You may share your perspective, present relevant information, and suggest witnesses. The person or body hearing the case decides which witnesses are heard and which questions are asked.
You will receive a written decision, and you may appeal. You will receive a written decision stating what was decided, the reasons for it, and any sanctions. If you are found responsible, you may appeal on the grounds and within the timeframe described in Section 6. Matters resolved without a hearing are not appealable, and you will be told in writing when that is the case.
The College also publishes Student Rights in the Conduct Process, a plain-language summary of this Section that is provided to students when a conduct matter begins. That summary explains and illustrates the rights stated here, and may include additional detail and campus resources. It does not create, limit, or change any right in this Section. If the summary and this Section differ, this Section governs.
2.4 Rights of Reporting Students
A student who reports that they or another student were harmed by another student’s conduct has the following rights. Where Section 4 applies, the rights and procedures in Section 4 control.
Your report will be taken seriously. Your report will be received, reviewed, and considered under this Code.
You will be told what happens with your report. You may be told what the College decided to do and why, to the extent the law permits. If you have questions about where things stand, you may ask the Dean of Students Office at any time.
You may request supportive measures. You may ask for support whether or not a formal conduct process moves forward, including a no contact order, a schedule change, or academic support.
You may request accommodations. If you have a documented disability or other access need, you may request accommodations to participate fully in the process. Contact the Office of Access & Accommodations at (585) 343-0055 ext. 6045 or access@genesee.edu. Requesting an accommodation will not unreasonably delay or prejudice the matter.
Your information is protected. Conduct records are education records under the Family Educational Rights and Privacy Act (FERPA). Conduct proceedings are private. Information is shared only with College officials who have a legitimate educational interest, and otherwise as permitted or required by law. See Section 7.
You will be offered support. You will be able to access support resources, including counseling, academic support, and basic needs support. Request support any time in or after the process.
You are protected from retaliation. No one may retaliate against you for making a report or participating in the conduct process. Retaliation is itself a violation of this Code. If you believe you are experiencing retaliation, tell the Dean of Students Office.
The following rights apply to administrative hearings and Hearing Board hearings under Section 6.
You may bring an advisor. You may have one advisor with you, on the same terms described in 2.3.
You will be told the outcome. You will be told the outcome of the case, when you ask and where the College is permitted to share it.
You may appeal. In matters where you are a party, you may appeal on the same grounds available to a responding student, within the timeframe described in Section 6.
2.5 Students’ Bill of Rights (Article 129-B)
Students reporting sexual assault, domestic violence, dating violence, or stalking have additional rights under New York State Education Law Article 129-B and GCC Board Policy 1021.1. Those rights are set out in the Students’ Bill of Rights in Section 4 of this Code, and they apply in addition to the rights described in this Section.