Student Code of Conduct - 3. Definitions

1. Administrative Conduct Review- A student conduct hearing where up to two administrators from the Office of Student Conduct or designee will preside over the hearing process and impose sanctions when appropriate. Incidents deemed appropriate are heard as an Administrative Conduct Review
2. Advisor- Students may select an advisor of their choice to accompany them during any portion of the Conduct Process. Advisors will offer support, assistance, and guidance to students. Advisors may not actively engage in any Administrative Conduct Review or Panel Conduct Review, except for cases adjudicated with the Title IX policy. Attorneys may serve as advisors to any party, subject to the same limitations and conditions outlined in this code.
3. Affirmative Consent- Affirmative consent to engage in sexual activity is a knowing, voluntary and mutual decision among all participants to engage in sexual activity.
• Consent can be given by word or action, as long as those words or actions create clear permission to engage in the sexual activity.
• Silence or the lack of resistance, in and of itself, does not demonstrate consent.
• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs or alcohol. Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a lack of consciousness, being asleep, being involuntarily restrained or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm.
• An individual under the age of 17 cannot consent to sexual activity in New York.
• When consent is withdrawn or can no longer be given, sexual activity must stop.
4. Chairperson- A person(s) authorized by the University Code Administrator to chair the conduct review panel at the discretion of Student Conduct & Community Standards.
5. Complainant- Any member of the university community who puts forth a complaint or an allegation of a code violation.
6. Conduct Review Panel - A panel of authorized and trained university officials will review the allegations, hear responses, ask questions, and make decisions of responsibility for each charge. The panel will also provide recommendations for sanctions where appropriate. All recommendations will be reviewed by the Dean of Students and appropriate changes will be applied if necessary. The Dean’s Office and/or the Office of Student Conduct will determine if and when this process is appropriate to follow.
7. Informal Resolution Process - The Informal Resolution process is a voluntary procedure that operates independently from the University's formal student conduct investigation and resolution process. For this process to commence, all parties must be in agreement to participate. By choosing to participate in the informal resolution process, the student takes responsibility for their actions and does not dispute the facts of what occurred. The case is resolved if the student accepts responsibility and agrees to complete mutually agreed upon outcomes. This process may involve 1 or more students and the Office of Student Conduct. Once a resolution is reached and both parties have agreed to the outcome, the formal process cannot be re-initiated.

The Informal Resolution process is available for student-related matters at the discretion of the Office of Student Conduct and Community Standards. Through this process, no disciplinary action will be taken against the Respondent, and the resolution will not be recorded in the Respondent’s disciplinary history unless both parties agree during the resolution. Parties may have an Advisor and/or a Support Person present at any meetings associated with the Informal Resolution process.

An informal resolution can be used when a formal process is not being considered by the Office of Student Conduct. The Office of Student Conduct manages this process and determines if it is productive and actively working towards an agreed upon responsibility level and outcome. This process may be canceled by the Office of Student Conduct if all parties involved cannot come to a mutual agreement between all parties.

8. Preponderance of Evidence- standard applied to determine whether it is “more likely than not" that a policy was violated.
9. Respondent- Any university student or student organization charged with an alleged violation of the code.
10. Residence Hall- Any building, room, facility, or premises owned and operated by the university for use as a dormitory, whether by lease or by contract, to students enrolled at the university.
11. Student Conduct and Community Standards- The designated university office charged with addressing allegations of violations of the code, referred to as SCCS, here within.
12. Student Conduct Administrator - A university official authorized by the University Code Administrator to manage the disciplinary process. The student conduct administrator can serve as a sole decision-maker or member of the conduct panel review, and can be referred to as a hearing officer. The university staff member was charged with administering the code during a conduct panel review.
13. University Code Administrator- The individual designated by the university president or vice provost of student success responsible for administering the Student Code.

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