6.1 Purpose and Approach
This section describes how the College responds when a student is reported for not meeting the standards in Section 5.
Two commitments shape that response:
Fairness. Every student receives the same fair process, regardless of background or identity. You are presumed not responsible unless the College shows otherwise, and you will always have a real chance to be heard.
Support with accountability. The College holds students responsible with compassion, and connects them to resources that help them move forward. Sanctions are meant to be primarily educational and developmental, not simply punitive.
Student rights throughout this process are described in Section 2.3. Where Section 4 applies, the definitions, rights, and procedures in Section 4 control.
The conduct process is separate from any criminal or civil case. The College may address behavior under this Code before, during, or after a court process, and the outcome of one does not control the outcome of the other. A College proceeding will not be delayed because related criminal charges are pending, though the Dean of Students may pause a matter where doing so is fair to both parties.
6.2 Reporting and Opening a Case
6.2.1 Reporting
Anyone may report a concern or possible violation. Reports are received and managed by the Dean of Students or designee.
When a report is received, the Dean of Students or designee reviews it and gathers enough information to decide how to proceed. That review may include speaking with the reporting party, the student who was reported, witnesses, and College staff, and reviewing documents, records, or other materials.
6.2.2 Initiating a Process
After that review, the Dean of Students or designee will do one of the following:
Close the matter if there is not sufficient information to proceed or the reported conduct would not violate this Code;
Refer the matter to another office or process better suited to address it, such as Procedure 431 for classroom concerns, the Behavioral Intervention Team, or the Title IX Coordinator;
Address the matter informally, without charges, as described in 6.4; or
Proceed with charges under this Code, determine the resolution pathway under 6.4, and issue notice under 6.5.
The Dean of Students may issue charges when there is sufficient information to believe that a violation of the Code may have occurred and that a process is possible (e.g. the parties have been identified). A decision to proceed with charges is not a finding of responsibility.
Nothing in this Code prevents members of the College community from attempting to resolve concerns informally and directly.
6.2.3 Students Who Depart Mid-Process
A student who withdraws from the College while a conduct matter is pending remains subject to this Code. The College may continue the process, or may place a hold on the student’s record so the matter is resolved before any future enrollment or release of records. Section 6.7.8 addresses transcript notations for students who withdraw with charges pending.
6.3 Interim and Emergency Measures
Before a case is decided, the College may need to take steps to keep the community safe or to keep the process fair. These interim measures are not sanctions, nor do they suggest that a student has violated College policy.
The Dean of Students or designee may impose interim measures when there is a reasonable belief that a student’s continued presence, or continued access, poses a substantial risk to the health or safety of any person, or a substantial threat of disruption to College operations.
Interim measures may include:
A referral for support services;
Temporary change in class schedule, class format, or class section;
Temporary relocation within, or removal from, College Village;
Temporary restriction from a specific building, facility, or activity;
Interim, mutual no contact order between the parties; and
Interim suspension, which is temporary removal from the College pending resolution.
When a student is placed on interim suspension:
The student receives immediate written notice of the charges and of the interim suspension, including the reason for it;
The student may not be on campus without notifying and receiving approval from Campus Safety and College Village Safety;
The student may request a review of the interim suspension by the Dean of Students within two (2) business days of notice, and will receive a written response within two (2) business days of that request; and
A hearing will be scheduled within five (5) business days, unless extraordinary circumstances require more time, in which case the student will be told in writing why and when.
Interim measures end when the case is resolved, unless they are continued as part of a sanction.
In extraordinary safety situations, the Dean of Students or designee, together with Campus Safety, may depart from the standard process to protect the College community. Any such departure will be documented in writing, will be no broader than the situation requires, and does not remove the student’s right to notice and an opportunity to be heard as soon as circumstances allow.
6.4 Resolution Pathways
The Dean of Students or designee will determine the appropriate pathway for resolution, considering the seriousness of the reported conduct, the student’s conduct history, whether there is a person who was harmed, and the range of sanctions that could result.
During the conduct process, the pathway for resolution may be changed under limited circumstances. These include (a) new information has been presented that meaningfully affects the scope and nature of the concerns, (b) the student has requested a change in pathway (particularly when a student requests a Hearing Board instead of an Administrative Hearing), or (c) the Dean of Students recommends a shift from a less formal to a more formal pathway (e.g. Educational Conversation to Administrative Hearing).
6.4.1 Administrative Hearing
The administrative hearing is the standard for most conduct cases. An administrative hearing is a meeting between the student and the Dean of Students or designee, who hears the matter and decides it. The student has all the rights described in Section 2.3.
A student who prefers to have their matter heard by the Hearing Board may request that instead, and that request will normally be granted where the potential sanction includes suspension or expulsion.
6.4.2 Educational Conversation / Warning
For minor matters, the Dean of Students or designee may resolve the matter through a documented conversation and a verbal or written warning, without a formal hearing. A student who does not wish to resolve the matter this way may request an administrative hearing instead. Warnings issued under this pathway carry no other sanction and are not appealable, and the student will be told so in writing.
6.4.3 Restorative Resolution
Where there is a person who was harmed, and where all participants agree, a matter may be resolved through a restorative process. This may include a facilitated conversation, a restorative conference, an impact statement, or a written agreement about repair and next steps.
Participation is voluntary for every participant, including the person who was harmed. No one is required to participate, and declining carries no penalty.
A restorative process requires the responding student to acknowledge their conduct. It is not a fact-finding process.
A restorative resolution may be paired with an accountability sanction under 6.7, such as a warning or disciplinary probation.
If the student does not complete the agreement, the matter returns to another pathway under this section.
Restorative resolution is not available where the conduct would carry suspension or expulsion, or in matters governed by Section 4, except as Section 4 permits.
6.4.4 Hearing Board
For serious matters, such as matters where suspension or expulsion is a possible outcome, the Dean of Students or designee may convene the Hearing Board. The College Hearing Board is a fact-finding and decision-making body in the College conduct system.
The Hearing Board consists of at least three College employees approved by the Dean of Students or designee. Board members receive annual training on this Code, on the conduct process, on the standard of proof, on impartiality and implicit bias, and on trauma-informed practice. Members who hear matters within the scope of Article 129-B receive the training that law requires. A Board member who has a conflict of interest, or who cannot be impartial in a particular matter, will not serve on that matter. A student may raise a concern about impartiality in writing before the hearing begins, and will receive a written response.
Here is some key information about scheduling hearings and hearing attendance:
The College schedules hearings promptly. A student receives at least three (3) business days’ notice.
A request to reschedule must be made at least twenty-four (24) hours before the scheduled time, or as soon as reasonably possible after receiving notice, whichever is later. Requests are considered for good cause, as determined by the Dean of Students or designee.
Normally one request is considered, and the new date will normally fall within five (5) business days.
A request based on a disability accommodation, a documented medical situation, or a mandatory work or academic obligation is not counted against the one-request limit.
If a student does not attend, the hearing proceeds in the student’s absence and is decided on the information available.
Not attending is not evidence that a student is responsible, it does not forfeit the right to appeal, and choosing not to participate in the conduct process is not itself a violation of this Code.
If a student arrives after a hearing has begun, the Hearing Board decides whether the student may join.
Hearings are private. Witnesses, bystanders, or others may or may not be eligible to attend and participate. Eligibility is decided by the Hearing Board.
A hearing may be held in person, remotely, or in a mixed format. A party may request that the parties not be in the same room, and the College will accommodate that request where it can do so without unfairness to either party.
Hearings are recorded. A record of the hearing is created and is the property of the College. A party may review the record on request for the purpose of preparing an appeal.
The hearing process generally follows this flow:
The Dean of Students or designee presents the charges on behalf of the College and may present documents, materials, and witnesses.
The student responds to the charges and may present documents, materials, and witnesses. Materials are normally submitted in advance; the Hearing Board may accept materials offered at the hearing where doing so is fair to both parties.
The Hearing Board may question each party and each witness, may request additional information, and has the final opportunity to question the parties.
The Hearing Board decides which questions are asked and which witnesses are heard.
The College carries the burden of proof. A student is not required to speak, and choosing not to speak is not evidence of responsibility.
6.5 Notice
Before any conduct meeting or hearing, the College will give the student written notice. The notice, along with supporting documents, will include:
A description of the reported conduct, including the date, time, and location to the extent known;
The specific provisions of Section 5 alleged to have been violated;
Which resolution pathway the matter will follow under 6.4, and what that pathway involves;
The date, time, and format of the meeting or hearing, sent at least three (3) business days in advance;
The “Student Rights in the Conduct Process” document, which includes the right to a presumption of non-responsibility, the right to an advisor, and the right to access accommodations;
A link to the Code of Conduct, which includes possible sanctions and process information; and
A link or reference to this Code and to the Student Rights in the Conduct Process summary.
Where the alleged conduct would require a transcript notation, the notice will state that a notation will be applied if the student is found responsible or if they withdraw while charges are pending.
If the College adds or changes charges, or changes the resolution pathway, it will send new written notice and give the student a new opportunity to prepare.
Notice sent to a student’s College-assigned email account is written notice.
6.6 Deciding Responsibility
Decisions, whether through an administrative hearing or a Hearing Board, are reached using the standard of a preponderance of the evidence. Hearing Boards use majority vote.
A student’s prior conduct record is not considered in deciding whether the student is responsible for the reported conduct. Prior conduct may be considered where it is part of what the College must establish, such as where a provision requires a course of conduct or where a prior sanction is at issue. After a finding of responsibility, prior record may be considered in deciding a sanction.
In an administrative hearing, the Dean of Students or designee decides the matter and determines the sanction.
The Hearing Board determines sanctions, leading up to and including disciplinary probation and any other reflective or restorative sanctions. The Dean of Students may be consulted for the purposes of shaping sanctions that are consistent or aligned with precedents, but the final decisions belong to the Hearing Board.
Where the Hearing Board concludes that suspension or expulsion may be warranted, it forwards its finding and its sanction recommendation to the Dean of Students, who makes the final sanction decision and states the reasons in writing.
Within five (5) business days after the hearing, the student receives a written decision stating the findings, the reasons for them, any sanctions, the deadline and grounds for appeal, and how to file one.
6.7 Sanctions
Sanctions are intended to be educational and developmental, not simply punitive. More than one sanction may be imposed for a single violation. A sanction need not be imposed in every case, and no sanction will be imposed that is more serious than is clearly appropriate for the circumstances.
Findings and sanctions will become a part of a student’s conduct file and will be part of the student’s educational record.
The following are sanctions, organized by category type, that may be considered at the College:
6.7.1 Educational and Restorative Sanctions
Restorative Conversation: All parties mutually agree to participate in a dialogue to promote understanding and reconciliation.
Reflective Writing: This assignment is designed to prompt reflection. Examples include an impact statement, reflection paper, or written assignment.
Educational Program: The student must complete an educational workshop, module, or program.
Community Service: Community service is designed to help the student rectify damage to the community or College property.
Letter of Apology: A letter of apology to the affected person(s), where the person(s) harmed wishes to receive one and is subject to review by the Dean of Students or designee.
Student Support & Expectations Agreement: A behavioral agreement between the student and College in which the student contributes to or identifies, and later agrees to, specific expectations. The student may also work with the Dean of Students to identify specific supports needed to reach those expectations.
Referrals: Referral to counseling, academic support, basic needs support, or another College or community service. A referral is an expectation to make contact, not a requirement to disclose the content of any session.
Financial Restitution: Compensation for loss, damage, or injury, which may take the form of service or monetary or material replacement.
6.7.2 Status Sanctions
Verbal Warning: A formal statement that the behavior was unacceptable, documented in the student’s conduct file.
Written Warning: A written statement that the behavior was unacceptable and that further conduct may result in more serious action.
Disciplinary Probation: The student is not in good standing for a stated period. Further violations during that period may result in suspension or expulsion.
Deferred Suspension: A suspension has been decided but not been activated for a stated period, to give the student a chance to demonstrate they can meet the College’s expectations. The student remains enrolled and may continue classes and activities. The suspension takes effect if, during the deferral period, the student fails to complete or follow the conditions of their other sanctions, or is found responsible for a further violation of this Code. In that event, the student is suspended without a further hearing on the suspension itself, though the underlying new violation is decided through the normal process. The written decision imposing a deferred suspension must state the conditions that would activate it. A deferred suspension may not be activated for conduct that occurred before the sanction was communicated to the student.
6.7.3 Restrictive Sanctions
Loss of Privileges: Denial of stated privileges for a stated period.
Removal from Academic Experience: The student is restricted from one or more academic activities (e.g. class, internship, trip), as coordinated between the Dean of Students or designee and the appropriate faculty member. This must be done in coordination with Procedure 431. It may include moving the student to a new class section.
Facility Restriction: The student loses the privilege of entering or using a particular facility or building for a stated period, until a condition is met, or permanently.
No Contact Order: The student is directed to have no contact with a specified person or persons. Terms are specific to each case.
No Hostile Contact Order: The student may have contact with another party but is to avoid any future escalated encounter. Terms are specific to each case.
Suspension from College Village: The student is removed from College housing for a stated period or permanently.
6.7.4 Separation Sanctions
Suspension from the College: A complete separation from College activities, services, facilities, and grounds. A term suspension runs for a stated period, after which the student may return. A conditional suspension continues until the student fulfills stated conditions. The Dean of Students or designee, together with the relevant faculty, may permit a suspended student to complete a semester remotely where the suspension takes effect near the end of a term.
Expulsion: The student is permanently separated from the College, may not be present on College property, and may not attend College-sponsored events. A permanent notation appears on the transcript.
Revocation of Admission: Admission to the College may be revoked where it was obtained through fraud, misrepresentation, or material omission of fact, or for other serious violations of College standards committed in obtaining admission. A permanent notation is made on the transcript.
Revocation of Degree: A degree awarded by the College may be revoked where it was obtained through fraud or misrepresentation, or for other serious violations of College standards committed before the degree was awarded. The award is removed from the transcript and a permanent notation is made. The Provost and Vice President for Academic Affairs or designee reviews all recommendations for degree revocation.
A student suspended or expelled may be denied academic credit for the semester in which the suspension or expulsion occurred, and may be held responsible for tuition and fees for that semester, including College Village charges. These consequences are determined case by case and stated in the written decision.
For students found responsible for sexual assault, the available sanctions are suspension with additional requirements before re-enrollment, or expulsion. Students found responsible for domestic violence, dating violence, or stalking may be subject to one or more sanctions.
6.7.5 Financial Sanctions
Financial Restitution: See above.
Fines: Fines may be imposed for violations involving property damage, misuse of College facilities or equipment, or repeated failure to resolve citations. Inability to pay a fine is not itself a violation of this Code; a student unable to pay may request an alternative sanction or a payment arrangement.
6.7.6 Student Organization Sanctions
Any sanction listed above, as applicable.
Loss of registration as a registered student organization. The Student Engagement & Inclusion Office shall notify any national, regional or state governing body with whom the organization is associated or which sponsors social, academic, or sports events when such action is taken. Loss of registration includes loss of all student activity fee and College funding and all rights and privileges given to registered student organizations.
6.7.7 Sanction Application
A sanction imposed under this Code is in effect at all College campuses, sites, and functions sponsored by or under the supervision of the College or College Village.
Bias-motivated conduct is an aggravating factor at sanctioning. See Section 5.2(e).
Where a student is found responsible for more than one violation, or has a prior conduct record, sanctions may be progressive because of a pattern of behavior.
Failure to complete a sanction, or to follow its conditions, is itself a violation of this Code. See Section 5.3.33, Violation of Prior Sanctions.
6.7.8 Transcript Notations
Genesee Community College official transcripts will notate reportable Code of Conduct violations. A notation follows the outcome of a matter, and applies both where a student is found responsible and where a student withdraws while charges are pending.
For conduct that meets the reporting requirements of the federal Clery Act, the College makes a transcript notation.
When the student is found responsible and suspended, the notation reads: “Suspended after a finding of responsibility for a Code of Conduct violation.”
When the student is found responsible and expelled, the notation reads: “Expelled after a finding of responsibility for a Code of Conduct violation.”
When the student withdraws from the College while such conduct charges are pending, and declines to complete the disciplinary process, the notation reads: “Withdrew with conduct charges pending.”
A student may request removal of a suspension notation no earlier than one year after conclusion of the suspension term, and may request removal of a withdrawal notation no earlier than one year after the date of withdrawal. The request is made in writing to the Dean of Students, who decides it and responds in writing. The decision is final. This is an administrative request, not an appeal under 6.8. Notations for expulsion may not be appealed and will not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation will be removed.
See College Procedure 432 for the operational process, including timelines, the list of qualifying offenses, and coordination with the Records Office.
6.8 Appeals
A student found responsible for violating the Student Code of Conduct may appeal within five (5) business days of being sent the written notice of the outcome. Appeals are submitted in writing, using the Appeal Submission Form or another approved method. An appeal is not a new hearing and is not a reconsideration of the case. It is a limited review on the grounds stated below, of whether the original decision should stand.
6.8.1 Grounds
An appeal must state at least one of the following grounds:
Procedural irregularity. A material deviation from the College’s written procedures that affected the outcome.
Disproportionate sanction. The sanction(s) imposed were grossly disproportionate to the violation(s) of the Student Code of Conduct for which the student was found responsible.
Bias. Bias or conflict of interest on the part of a decision-maker that affected the outcome.
New information. Information has been discovered that was not reasonably available at the time of the hearing and that could be sufficient to alter the outcome.
6.8.2 Process
Appeals are submitted to the Dean of Students or designee, who confirms the appeal states a recognized ground. If it does, the Dean of Students shall convene the Appeals Board.
The function of the Appeals Board is to determine whether one or more of the grounds stated above has been established, and if so, what remedy is warranted. The Appeals Board gives deference to the original decision-maker and will not substitute its own judgment simply because it might have arrived at a different conclusion on the same information.
The Appeals Board consists of at least three (3) College employees who had no involvement in the original matter.
The Appeals Board is convened within five (5) business days of receipt of the appeal, with allowance for extraordinary circumstances, and has access to the written and/or electronic records of the case.
6.8.3 Outcomes
The Appeals Board may decide:
To uphold the original decision;
To overturn the finding of responsibility, in whole or in part;
To return the case to the original board for rehearing, normally where a procedural irregularity could be corrected in a rehearing;
To modify a sanction within the Hearing Board’s authority under 6.7; or
To return the case to the Dean of Students with a recommendation that the sanction be modified, together with an explanation of why the original sanction is inappropriate.
The Appeals Board issues a written decision within ten (10) business days of being convened. If more time is needed, both parties are told in writing, with the reason and a revised date. The appellant and any other party are informed in writing of the decision and the reasons for it. Appeals Board decisions are final, except that a recommendation to modify a suspension or expulsion is decided by the Dean of Students, who responds in writing.
6.8.4 Effect of an Appeal
Sanctions do not take effect until a final appeal decision has been made, unless the Dean of Students determines and communicates to the student in writing that immediate implementation is necessary for the health or safety of the community, or for the integrity of the process. Interim measures under 6.3 remain in effect during the appeal process.