The College supports freedom of inquiry, teaching, and research, within the limits of the laws pertinent to such activities. In the exercise of this freedom, faculty members may, without limitation, discuss their disciplines in the classroom; however, they may not discuss in their classrooms controversial subject matter which has no relation to the subject matter being taught in the class. Unauthorized faculty members may not present themselves at any time, explicitly or implicitly, as College spokespersons.

2.2 Copyright

According to the U.S. Copyright Office, copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to the authors of original works of authorship including literary, dramatic, musical, artistic and certain other intellectual works. This protection is available to both published and unpublished works.

2.3 Student Rights and Responsibilities

Visit here for Student Rights and Responsibilities.

2.4 Student Code of Conduct

Approved: July 3, 2018; Updated: January 2025

Introduction

Westchester Community College looks to students to engage in activities that promote individual growth, demonstrate civility toward others, and builds community through the safe, respectful exchange of diverse thought and opinion. To maintain the trust extended by the College, students are expected to exhibit personal accountability and remember that the decisions they make have an impact on the overall health of our community, and, ultimately, on the quality of their experience.

Students assume an obligation to conduct themselves in a manner compatible with the college’s academic standards; general policies; local, state and federal law; and the Student Code of Conduct. Behavior that adversely affects the student’s responsible membership in the college community shall result in appropriate disciplinary action. The College will not tolerate any interference with the rights of any member of our college community, any defacement of college property or any disruption of any authorized college function.

The Student Code of Conduct sets standards for behavior, provides a student-centered disciplinary process, maintains compliance with the provisions of Article 129-A and Article 129-B of the education law of the State of New York, and offers sanctions that foster ethical development, personal accountability and civility toward others. In addition, the Student Code of Conduct embraces several core philosophies:

protecting the rights of community members, including, but not limited to the freedom of speech and the right of peaceable assembly;
creating an environment that is conducive to learning, including respect for academic freedom and constructive criticism;
maintaining the safety and well-being of the community and its members and the conviction that honesty and integrity are key values of community; and
the belief that all members of the institution should be part of an inclusive campus environment that respects differences of culture, gender, gender identity, gender expression, sexual orientation, religion, race, age, and ability.

College Values Statement

1. To better ourselves and our relationships, we are committed to

Personal Excellence – Promote life-long learning, academic growth and intellectual development.
Respect – Support an environment of open, honest and collegial communication.
Integrity – Expect personal accountability through ethical behavior.

2. To better our community and collective efforts, we are committed to

Collaboration – Work together on the achievement of a common goal.
Civic Engagement – Advance active involvement in the life of the community.
Innovation – Encourage and empower a creative environment.

3. To better our society and our world, we are committed to

Diversity – Foster an inclusive community through acceptance and understanding.
Environmental Sustainability – Protect, preserve, and conserve resources for the future.
Empathy – Respond to each other’s views and opinions without judgement.

Section I: Responsibility for Implementation

Overall management and administration of the Student Code of Conduct is the responsibility of the Director of Student Rights & Responsibilities. Any question of interpretation regarding the Student Code of Conduct shall be referred to the Director of Student Rights & Responsibilities or their designee for final determination.

Section II: Jurisdiction and Scope

The Student Code of Conduct applies for all students through the application for admission through the actual awarding of a degree. This includes conduct that occurs:

during the academic year, before classes begin or after classes end;
during time pursuing credit away from campus (internships, study abroad, practical/clinical placements, etc.);
during periods between terms of actual enrollment; and/or
while on leave from the College.

A student who withdraws from the College shall not be exempt from disciplinary proceedings for behavioral infractions which took place prior to withdrawal. Campus disciplinary procedures as described in this Student Code of Conduct may proceed with the accused student even if the student has withdrawn from the College. Should suspension or expulsion take place as a result of the disciplinary process, these sanctions supersede a withdrawal from the College.

If a student has completed degree requirements and is charged with a violation prior to graduation or the conferral of the degree, the student will be ineligible to graduate until student conduct action on the case is completed and eligibility to graduate is confirmed. If the student conduct action results in suspension, the student will be ineligible to graduate until the term of the suspension has been served.

In addition, the College will have jurisdiction over student misconduct that occurs on College premises, rented facilities, at College-sponsored activities. The College shall also have jurisdiction over student misconduct that occurs electronically/online or off-campus when the conduct may adversely affect a College interest, which may include, but is not limited to health and safety, protection of rights or property of others, and promoting the College mission.

Off-campus criminal offenses that violate the Student Code of Conduct may be subject to college disciplinary action. This disciplinary action may occur concurrently while a student is facing criminal charges; the charges are pending; have been reduced or have been dismissed. It is the obligation of every student to notify the Director of Student Rights & Responsibilities of any felony or misdemeanor arrests occurring at any time after the student is admitted to the College through graduation or separation from the institution, regardless of geographic location of the arrest or specific crime alleged.

Section III: Definitions

The following selected terms are defined in an effort to facilitate a more thorough understanding of the Student Code of Conduct. Certain definitions have been adapted from Section 6439 NYS Education Law Article 129-B.

Accused: a person accused of a violation who has not yet entered the college’s conduct process.
Affirm Consent to Sexual Activity, Active Consent or Affirmative Consent: is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or 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. (Section 6441 Education Law Article 129-B)
1. 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.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. 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 the lack of consciousness or being asleep, being involuntarily restrained, or if an 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.
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.

Business day: any day, Monday through Friday, which the college is open.
Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
Calendar day: any day, Monday through Sunday.
Campus or College property: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, either solely or in conjunction with another entity.
College official: any person employed by Westchester Community College, the WCC Faculty Student Association, or WCC Foundation to perform administrative, instructional, or professional duties.
College or Institution: shall mean Westchester Community College.
Complainant: any member of the college community who has filed and/or presenting disciplinary charges against a student.
Dean of Student Life: refers to the Deputy Chief Student Affairs Officer of the College. This individual and/or their designee(s) coordinates the appeal processes and, for students on suspension seeking to return to the college, the readmission request process.
Designee: an administrator, staff or faculty member who has responsibility for implementing the student conduct process or administering the student conduct system, in part or in whole.
Director of Student Rights & Responsibilities: refers to the person and/or their designee or designees who is responsible for the overall coordination of the College student conduct system, including the development of policies, procedures, and education/training programs. In addition, this individual may serve as a Hearing Officer, Student Conduct Officer and/or as a Complainant.
Hearing Chair: an individual employed by the Westchester Community College or the WCC Faculty Student Association who is authorized to lead or facilitate the proceedings of a Hearing. Subject to the provision in this code, a Hearing Officer is vested with the authority to, among other duties, conduct a hearing; remove participants from a Hearing; etc.
Hearing Officer: an individual or group of individuals employed by the Westchester Community College or the WCC Faculty Student Association, who is authorized to determine the appropriate resolution of an alleged violation of the Student Code of Conduct, and/or to recommend sanctions or affect other remedies as appropriate. Subject to the provision in this code, a Hearing Officer is vested with the authority to, among other duties, conduct and/or participate in a hearing; determine outcomes to charges; recommend sanctions; and/or serve as a Complainant in a Hearing.
Member of the College community: includes any person who is a student, instructor, or College staff member; any other person working for the College, either directly or indirectly (e.g., private enterprise on campus); or any person who resides on College premises. A person’s status in a particular situation shall be determined by the Director of Student Rights & Responsibilities.
Reporting Individual: shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the college to reference an individual who brings forth a report of misconduct, including reports of sexual misconduct
Respondent: a person accused of a violation who has entered the college’s conduct process.
Sanction: a requirement or status that is imposed as a result of either accepting responsibility or being found responsible for violating the Student Code of Conduct.
Sexual activity: shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).
1. The term “sexual act” means:
  1. contact between the penis and the vulva or the penis and the anus and contact involving the penis occurs upon penetration, however slight;
  2. contact between the mouth and penis, the mouth and vulva, or the mouth and anus;
  3. the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
  4. the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
2. The term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.”
Sexual Misconduct: means sexual harassment or sexual violence and encompasses a wide range of behavior for sexual purposes that is against another’s will or at the expense of another. Sexual misconduct includes, but is not limited to sexual assault, intimate partner violence, stalking, or any conduct of a sexual nature that is nonconsensual or has the effect of threatening or intimidating another.
Sexual Violence: Includes sexual harassment, sexual assault, and domestic violence, dating violence, intimate partner violence and stalking.
Student: any person registered for courses, either full time or part time, pursuing undergraduate studies as well as non-degree seeking students; individuals registered for online classes; individuals auditing classes; and individuals that were registered for classes on the date of an alleged incident.
Student Code of Conduct: the written policies adopted by the institution governing student behavior, rights, and responsibilities and the process by which violations are adjudicated and sanctioned.
Student Conduct Officer: an individual employed by the Westchester Community College or the WCC Faculty Student Association who is authorized to determine the appropriate resolution of an alleged violation of the Student Code of Conduct, and/or to impose sanctions or affect other remedies as appropriate. Subject to the provision in this Code, a Student Conduct Officer is vested with the authority to, among other duties, investigate a complaint of an alleged violation of the Student Code of Conduct; decline to pursue a complaint; refer identified disputants to mediation or other appropriate resources; approve an administrative agreement developed with a Respondent; conduct an Administrative Conference; impose sanctions; and serve as a Complainant in a Hearing.
Student organization or student group: an association or group of persons that has complied with the formal requirements for College recognition by the Department of Student Involvement and/or the Student Government Association per the College’s Club and Organization Policies and Procedures.
Support person or Advisor: any person who accompanies a Respondent or Reporting Individual for the limited purpose of providing support, advisement and guidance. A support person/advisor may not directly address the Hearing Officers, question witnesses, or otherwise actively participate in the student conduct process, but may speak privately with the advisee during the proceedings.
Title IX Coordinator: shall mean the Title IX Coordinator and/or their designee(s).

Section IV: Violations

As members of the College community, students have an obligation to uphold the Student Code of Conduct as well as to obey federal, state, and local laws. The subsequent behaviors are subject to disciplinary action under the Student Code of Conduct, but are not limited to the following infractions.

A student or a group of students may be charged with any of the violations listed below. In cases where a violation is committed by an individual student, any other students not directly involved, but who participated in the activity by encouraging or condoning the act in any manner, will also be subject to disciplinary action.

The College, in its sole discretion, reserves the right to report any possible criminal acts to appropriate law enforcement agencies.

Abuse of the Student Conduct System: Abusing the Student Conduct System, including but not limited to:
1. Failure to obey the summons of a Conduct Body or College official.
2. Failure to comply with sanction(s) imposed under the Student Code of Conduct.
3. Knowingly alleging a violation of the Student Code of Conduct without cause.
4. Attempting to discourage an individual’s proper participation in, or use of, the conduct system.
5. Influencing or attempting to influence another person to commit an abuse of the conduct system.

Academic Dishonesty: Academic dishonesty, including plagiarism, cheating, and collusion undermines the college’s educational mission and students’ personal and intellectual growth. Students are expected to bear individual responsibility for their work and to uphold the ideal of academic integrity. Any student who attempts to compromise or devalue the academic process will be held accountable for their actions. See section 2.7.Academic Honesty for additional information.
Aiding and Abetting in Code Violations: Aiding and abetting another in any violation of College policies, regulations and codes.
Compliance: Failing to comply with the directions of an authorized local, state, federal or College official acting in the performance of their duties, or any other person responsible for a facility or registered function acting in accordance with their duties.
Destruction of Property: Removing, destroying, or damaging College property, property under College administration/supervision, or the personal property of others. This includes attempted or actual damage to property.
Disruptive Conduct: Impairing, interfering with or obstructing the orderly conduct, processes and functions of the College or the community where the conduct occurs. This behavior includes, but is not limited to: excessive noise, abusive or obscene language in a public place, littering, obstructing vehicular or pedestrian traffic, leading or inciting others to disrupt scheduled and/or normal college activities, and boisterous, or threatening conduct which is unreasonable in the area, time or manner in which it occurs.
Drugs and Alcohol:
1. Possession: The unlawful possession of alcohol, controlled substances or dangerous drugs. This includes possession of any alcohol, controlled substances, or dangerous drugs on college property or at college sponsored activities and events that has not been lawfully prescribed to oneself. This can include the possession of prescribed medication to someone other than oneself.
2. Use: The unlawful use of alcohol, substances, or dangerous drugs, including being under the influence of alcohol, controlled substances or dangerous drugs on college property or at college sponsored activities and events.
3. Distribution, Delivery, or Sale: The unlawful distribution, delivery or sale of alcohol, controlled substances or dangerous drugs. This includes distribution of any alcohol, controlled substance, or dangerous drug on college property or at college sponsored activities that has not been lawfully prescribed to oneself. This can include the distribution of prescribed medication to someone other than oneself.
4. Paraphernalia: The possession, use or distribution of drug paraphernalia including, but not limited to: bongs, water pipes, or hypodermic needles that are not specifically required for the administration of prescribed medications.

NOTE: Please also see the Good Samaritan Policy in this document for more information about Drug and Alcohol violations.

Endangerment: Acting to create or contribute to dangerous or unsafe environments anywhere on or off-campus, which can include reckless or intentional acts, which endanger, or put at risk, the welfare of oneself or others.
Fire and Safety: Engaging in behavior that disrupts any fire and safety systems, procedures and policies. This can include, but is not limited to:
1. damage to, removal of or tampering with any fire safety system, firefighting equipment or other emergency warning equipment;
2. intentional or reckless burning or setting fire to any building or piece of property owned or controlled by the College;
3. failure to conform to safety regulations, failing to evacuate facilities in a timely fashion in an emergency situation or in response to fire alarms.

Forgery, Falsification, Fraud, and Dishonesty: Knowingly providing false or incorrect information to any College official or misrepresenting yourself to the institution. This includes altering, possessing, distributing, selling or misusing false documents, records, transcripts, stored data or instrument identification. This also includes knowingly making false statements or knowingly submitting false information to any College official.
Gambling: Any unauthorized gambling on campus, including but not limited to participation in: games of chance, illegal lottery and policy for money or something of value; promoting or advancing gambling; gambling using College computing/network facilities; possessing gambling devices or gambling records.
Harassment: Engaging in behavior that is sufficiently severe, pervasive and objectively offensive that it unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from the College’s education program and/or activities, and creates an academic environment that a reasonable person would find intimidating or hostile. Activity protected by the First Amendment will not constitute harassment. Harassment may include:
1. directing unwanted physical or verbal conduct at an individual based on one or more of that person’s protected characteristics or status, including age, color, race, disability, marital status, national/ethnic origin, religion, military/veteran’s status, sex [including pregnancy], gender expression or gender identity, sexual orientation, domestic violence victim status, criminal or arrest record, political activities or predisposing genetic characteristics; or
2. subjecting a person or group of persons to unwanted physical contact or threat of such.
Hate or Bias-Related Incident: Includes such acts as, but is not limited to:
1. Bias-related harassment or discrimination believed to be motivated by a consideration (real or perceived) based on race, color, age, religion, national origin, disability, sexual orientation, gender identity or other protected characteristics is oral, written, graphic or physical conduct relating to an individual’s race, color, gender identity, national origin (including an individual’s ancestry, country of origin, or country of origin of the student’s parents, family members, or ancestors) or other protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.
2. Threatening, intimidating or fear provoking behavior directed toward another believed to be motivated by a consideration (real or perceived) on race, color, age, religion, national origin, disability, sexual orientation, gender identity or other protected characteristics is oral, written, graphic or physical conduct relating to an individual’s race, color, gender identity, national origin (including an individual’s ancestry, country of origin, or country of origin of the student’s parents, family members, or ancestors) or other protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.

Hazing: Any reckless or intentional conduct in connection with the initiation into, or affiliation with, any organization which degrades, humiliates or endangers the mental or physical health of any person, regardless of the person’s willingness to participate. It can also include activities that damage, destroy or remove any public or private property.
Misuse of College Property: Unauthorized possession, duplication, or misuse of College property or other personal or public property, including, but not limited to, records, electronic files, telecommunications systems, forms of identification, or any unauthorized use of the College’s hardware, software or network systems. This includes the public posting, selling of, or in any other way, distribution of notes of class lectures, course handouts and outlines, and/or any other College-supplied materials without the express written permission of the instructor.
Parking and Motor Vehicle Violations: Violating college policies and regulations and/or local, state, or federal law governing the possession or use of motor vehicles. Violations can include, but are not limited to:
1. Use of an unauthorized vehicle on campus
2. Failure to adhere to traffic regulations;
3. Driving under the influence of alcohol or other drugs.
4. Causing damage to College property or personal property while operating a motor vehicle.

Physical Harm or Violence: Intentionally or recklessly causing physical harm to any person or causing reasonable fear of such harm. Students cannot justify such behavior as defensive if:
1. The behavior is a physical response to a verbal provocation.
2. The student has the ability to leave the situation, but instead chooses to respond physically
3. In circumstances where such actions are punitive or retaliatory.

Prohibited Recreational Activities: The use or operation of rollerblades, skates, skateboards, hover boards, bicycles, and similar items inside College facilities.
Retaliation: Engaging, directly or indirectly, in any action or attempting to harass, intimidate, retaliate against, or improperly influence any individual involved with the Student Conduct System. An intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking of intimate partner violence, pursues legal recourse for such a complaint, or participants in any manner in the investigation of such a report.
Solicitation: The disbursement of promotional/informational material on College property or on items or personal property on campus (i.e. motor vehicles), taking requests for donations, or the selling or vending of any merchandise or services without prior written consent from the appropriate College official.
Student Computer and Communications Technology: Violating the College’s Student Computer and Communications Technology Use Policy.
Student Group Violations: Students are expected to know and abide by the policies and procedures governing their membership in a student club or organization. Prohibited conduct by officers/members of recognized student clubs and organizations may result in referral to the conduct process for individual students. Full policies governing student groups can be found at the WCC Clubs and Organizations website.
Theft: Stealing property and/or services; possessing stolen property.
Tobacco Use: The use of tobacco products, vaping devices, electronic cigarettes, and other nicotine delivery devices in any College facility or outdoor area.
Unauthorized Entry or Use: Entering or using College facilities or property on or off college premises, belonging to individuals, College recognized groups, and/or corporate entities without proper authorization.
Violations committed by guests, friends, or family members: Any violations to the code committed by guests, friends, or family members invited to the campus, on a college sponsored trip, or on behalf of a student. Students are responsible for informing their guests, friends or family members about campus regulations and conduct policies. Therefore, any behavior can be sanctioned if that third party violates the Student Code of Conduct.
Weapons, Firearms, Explosives and Other Dangerous Objects: Possessing or using any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, switchblade knives, knives with blades five or more inches in length, explosives, fireworks or dangerous chemicals (except as authorized for use in class, or in connection with College-sponsored research or other approved activities). The term firearms include pellet guns, air guns, rifles, shotguns, handguns, multiple firing weapons and any weapon capable of firing a shot.
Other Violations: Violation of any other College policy or violation of any local, state, or federal law.

Sex Based Offenses: The following violations represent sex-based offenses that are not covered under the Title IX Final Rule. More information about how these charges are adjudicated can be found in Section VIII: Conduct Process for Non-Title IX Covered Sexual Misconduct.

Intimate Partner Violence: Intimate partner violence includes dating violence and domestic violence, both are defined below. Intimate partner violence can occur in relationships of the same or different genders.

Dating Violence: Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship.

Domestic Violence: Any violent action committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabiting with the victim as a spouse or intimate partner. Includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Sexual Assault and Sexual Exploitation: Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault can include, but is not limited to:
1. Sexual Assault I: Rape: Sexual intercourse or any sexual penetration, no matter how slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) without the active consent of the victim.
2. Sexual Assault II: Fondling: Touching a person’s intimate parts (defined as genitalia, groin, breast, or buttocks) for the purpose of sexual gratification, whether directly or through clothing, without the active consent of the victim. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts.
3. Sexual Assault III: Statutory Rape: Sexual intercourse with a person who is under the age of consent.
4. Sexual Assault IV: Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
5. Sexual Exploitation: Intentionally engaging in or attempting to engage in abusive sexual behavior without affirmative consent that does not otherwise constitute Sexual Assault I or Sexual Assault II. Examples include, but are not limited to:

intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party;
nonconsensual video or audio taping of sexual activity;
sharing or allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner;
observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent;
trafficking people to be sold for sex;
inducing incapacitation with the intent to sexually assault another person.
creating, possessing or distributing the sexual performance of a child
aiding, abetting, or otherwise facilitating sexual activity between persons without the affirmative consent of one or more party

Sexual Harassment: Sexual Harassment is unwelcome sexual advances, requests for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, nonverbal, graphic, physical, or otherwise, when the conditions outlined in (a) or (b), below, are present.
1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any college programs or activities or is used as the basis for College decisions affecting the individual (often referred to as “quid pro quo” harassment);
2. Such conduct creates a hostile environment. A hostile environment exists when the conduct is sufficiently severe, persistent, and pervasive that it unreasonably interferes with, limits, or deprives an individual ability to participate in or benefit from, the College’s education or employment programs or activities.

Stalking: Engaging in a course of conduct, directed at a specific person, which is likely to causes a reasonable person to fear for their safety or the safety of others or cause that person to suffer substantial emotional distress. Stalking does not require direct contact between parties and can be accomplished in many ways, including through the use of electronic media such as the internet, pagers, cell phones, or other similar devices.

Good Samaritan Policy

WCC students are expected to be aware of their health and safety and encouraged to help fellow students when their health and safety is in danger. Good Samaritans are individuals who summon aid in instances in which abuse of alcohol, other drugs or for other reasons has created a potentially life-threatening situation requiring an immediate response from emergency services personnel. In all instances, the primary concern of the College is that those in need receive prompt medical attention.

If someone needs immediate medical attention, anyone who calls for help and anyone who receives emergency medical care is not subject to College disciplinary sanctions for any violation related to alcohol and drugs.

This policy applies to students and student organizations, and to emergencies on and off campus.

Safe Harbor Policy

WCC believes that students who have a drug and/or addiction problem deserve help. If any WCC student brings their own use, addiction, or dependency to the attention of WCC officials prior to any disciplinary charges being made and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

Section V: Interim Administrative Action and Administrative Directives

Interim administrative actions are not a sanction, but are temporary measures, if reasonable under the circumstances, that may be taken against a student pending resolution of a college investigation and/or the student conduct process, up to and including the finalization of the appeal process, with the exception of a Cease and Desist Directive. A Cease and Desist Directive may be issued as a non-disciplinary directive for a temporary duration of time, such as, until one party is no longer a student at the College.

The Director of Student Rights & Responsibilities or designee may impose an Interim Administrative Action.

Interim Administrative Actions include, but are not limited to:
1. Interim Suspension: When it is reasonably believed that the continued presence of a student would constitute a threat to the health and safety of the community, the student may be placed on an Interim Suspension. Students placed on interim suspension will be denied access to college premises (including classes) and all other activities or privileges for which the student might otherwise be eligible.
2. No Contact Order: an official notification to the accused/Respondent that they must no longer contact another person(s), referred to as the protected individual/person. Continuing to contact the protected individual/person is a violation of college policy subject to conduct charges. If the accused/Respondent and the protected individual/person observe each other in a public place, it is the responsibility of the accused/Respondent to leave the area immediately and without directly contacting the protected person. The College may establish an appropriate schedule for the accused/Respondent to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the Reporting Individual.
3. Class Relocation: A student may be relocated to another section of the same course. Students who are relocated to new class sections may not be reassigned to their original course section even if charges are not filed following an investigation and/or if a finding of “not responsible” is made.
4. Campus Restriction: A student may be restricted from appearing in any or all of the buildings or grounds on campus if it is reasonably believed the that the student poses a threat to the health or safety of the campus community. Other interim restrictions may be imposed such as denial of access to specified campus services or programs.
5. Interim Account Hold: An administrative or registration hold on a student’s account may be placed when a College investigation or student conduct case is pending, or when a student’s full compliance with disciplinary sanctions are pending.
6. Cease and Desist Directive: a written directive to multiple parties prohibiting contact with each other, either directly or through a third party for a temporary duration of time, such as, until one party is no longer a student at the College.

Students who have Interim Administrative Actions imposed onto them shall be able to appeal or request a modification to the parameters of the imposed actions. Students must submit, in writing, to studentlifedean@sunywcc.edu, their specific request and provide any information, documentation or further evidence to support their request within three (3) calendar days from the date they are notified of the imposed actions. The request will be reviewed by the Dean of Student Life or designee; their decision will be final.

Section VI: Student Conduct Process

Standard of Proof: The student conduct process utilizes a “preponderance of evidence” standard of proof, which evaluates whether it is more likely than not that a violation occurred.
Accommodations in the Conduct Process: Students with disabilities who are involved in the student conduct process may seek reasonable accommodations for any stage of the student conduct process. Any student requesting accommodations will be referred to the Accessibility Services Office to request and obtain an accommodation letter. The student must then submit the accommodation letter and their written accommodation request to the Student Conduct Officer at least 72 hours before the stage of the conduct process that the request is for. The Student Conduct Officer, in consultation with the Accessibility Services Office, will make a determination, based on appropriate legal standards and College policy, regarding what accommodation, if any, is appropriate.
Reports of Misconduct
1. Any person may file an incident report regarding any student or registered student organization alleging misconduct. Incident reports shall be prepared in writing and directed to the Director of Student Rights & Responsibilities or designee. An individual filing an incident report may elect to meet with a Student Conduct Officer for a consultation prior to submitting a complaint. Individuals are encouraged to visit the WCC Incident Reports and Student Complaints webpage to file an incident report with the College.
2. While timeliness for submitting an incident report is preferable, there is no deadline to file a report of alleged misconduct while the accused is a SUNY WCC student.
3. Details in the incident report should include but is not limited to a description of the incident, names of accused individuals, and any relevant evidence and witness names.
4. Once the incident report is received, the Director of Student Rights & Responsibilities and/or an assigned Student Conduct Officer will review the report and determine whether or not it has merit to move forward and officially enter the student conduct process. To make this determination, the Director of Student Rights & Responsibilities and/or and assigned Student Conduct Officer may meet with other individuals involved and/or review evidence. An incident report must set forth allegations of misconduct in writing with sufficient detail to support it being officially entered into the conduct process.
5. When an incident report officially enters the conduct process, the Accused student becomes a Respondent and will either be invited to attend an Administrative Conference or a Hearing, this determination is made at the discretion of the Director of Student Rights & Responsibilities or designee.

Administrative Conference
1. An Administrative Conference is a conduct meeting between a Respondent and a Student Conduct Officer to discuss the incident(s) and the subsequent alleged violations. At this meeting, the Student Conduct Officer and Respondent will attempt to resolve the charges made against a Respondent. Typically, the Respondent will meet with the Student Conduct Officer to:
  1. Review the Incident Report and the alleged code violations;
  2. Learn about the student conduct process and have their questions answered;
  3. Speak on their behalf about the incident and provide relevant evidence;
  4. Provide witness information, if applicable;
2. At the end of an Administrative Conference the Respondent will be asked if they accept responsibility for the charge(s) presented. Based on the Respondent’s response, the following outcomes can be reached:
  1. Respondent Accepts Responsibility For The Charges: A Respondent who acknowledges responsibility shall have the opportunity to resolve the case with the Student Conduct Officer by agreeing to an appropriate sanction. Respondents who agree to resolve the case in this manner will sign an Administrative Agreement to resolve the issue and shall have no right to appeal. If the Respondent does not accept an appropriate sanction from the Student Conduct Officer after accepting responsibility, but the Student Conduct Officer has determined that the preponderance standard has been met, the Student Conduct Officer can find the student responsible for the Code violation and a sanction may be imposed.
  2. Respondent Does Not Accept Responsibility for the Charges, But the Student Conduct Officer Determines that the Preponderance Standard Has Been Met: The Respondent will be found Responsible and the Student Conduct Officer may impose sanction(s).
  3. The Respondent States They are Not Responsible for All The Charges and the Student Conduct Officer Agrees: The Respondent is Found Not Responsible and Student Conduct Officer and the Respondent will sign an Administrative Agreement.
  4. Respondent Does Not Attend Administrative Conference or Fails to Communicate in a Timely Manner with the Student Conduct Officer: The Student Conduct Officer, using the information available, will make a determination on the charges. If the Student Conduct Officer finds the Respondent Responsible for any or all of the charges, the Student Conduct Officer may impose sanction(s).
3. Imposed sanctions may only be imposed in cases where sanctions will not result in suspension or expulsion. When the Student Conduct Officer believes the appropriate sanction should be suspension or expulsion, the case must be referred to a Hearing.
4. A Student Conduct Officer may review the student’s academic record, student conduct history, and relevant mitigating and aggravating factors to make their determination on appropriate sanctions.
5. Administrative Conferences will be scheduled around a Respondent’s academic schedule.
6. During the Administrative Conference and throughout the student conduct process, the student may have one advisor of their choice. The advisor shall not represent or speak for the student and shall not participate directly in the student conduct process. The advisor may be present and speak privately with the student during any meeting. It is responsibility of the student to find their own support person/advisor.
7. Excluding the Student Conduct Officer, participants are prohibited from making their own recording (including, but not limited to audio, photographic, video, and/or written recording). It is up to the discretion of the Student Conduct Officer to record the meeting. The College will maintain any recordings created as required by New York state law. Recordings are the property of the College. Upon written request, a Respondent may review the audio recording and make appropriate arrangements for it to be transcribed on College premises. Arrangements for a transcriber and all associated costs involved in the transcription will be the sole responsibility of the requesting individual.
8. The Respondent shall have the right to:
  1. Receive advance notice of at least five (5) calendar days of the date, time and location of the Administrative Conference they are required or are eligible to attend. This notification will also include a written statement of the violations to the Student Code of Conduct that the Respondent is being charged with.
  2. Proper written notification shall be defined as hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus e-mail account, or delivery by the U.S. Post Office to a student’s local off-campus address. Students shall be held responsible for the contents of mail for which they have refused receipt.
  3. An opportunity to present evidence, including truthful and accurate information about the incident. Evidence can include, but is not limited to: written documents, photographs, videos, witness testimony, witness statements, and digital media.
    1. The Student Conduct Officer will make the final decision related to the admissibility and relevancy of all evidence.
    2. Evidence presented that indicates a potential violation of the Student Code of Conduct may be adjudicated at a future time.
    3. Character and expert witnesses are not permitted as evidence.
  4. Request a delay or continuance of the administrative conference reasonable under the circumstances. The Student Conduct Officer will determine the validity of the request and if the delay will be granted. Delays of this nature can be made for up to five (5) calendar days from the date of the Administrative Conference.
  5. A written notification of the outcome of the Administrative Conference and a description of the appeal procedure (if applicable) no later than ten (10) calendar days after the conclusion of the Administrative Conference.
  6. Appeal the decision if sanctions are imposed (see Section VIII).

Hearing
1. A Hearing is a conduct meeting between a Respondent, a Complainant, a Hearing Chair, and a panel of Hearing Officers that will adjudicate alleged violations of the Student Code of Conduct made against a Respondent.
2. Hearing Officers, Hearing Chairs and Hearing Participants
  1. The Director of Student Rights & Responsibilities or designee will assign three Hearing Officers.
  2. A Hearing Chair will be appointed by the Director of Student Rights & Responsibilities for each Hearing. The Hearing Chair leads the Hearing and ensures all proper procedures are followed. The Hearing Chair does not participate in certain aspects of the Hearing including the private deliberations of the Hearing Officers where a determination is made about the outcome of the charges and sanctions are recommended. The Director of Student Rights & Responsibilities may serve as a Hearing Chair.
  3. The Director of Student Rights & Responsibilities will assign an individual to serve as the Complainant. A Student Conduct Officer who facilitated an Administrative Conference with the Respondent may serve as the Complainant or Hearing Chair at the Hearing.
  4. All participants are expected to be respectful of each other’s purpose in the hearing and conduct themselves according to the direction of the hearing chair.
3. Evidence
  1. Evidence (e.g., written documents, photographs, videos, witness names coming to the Hearing to offer statements and answer questions, witness statements, and digital media) to be presented by the Respondent and Complainant during a Hearing must be submitted to the Director of Student Rights & Responsibilities or designee at least two (2) calendar days in advance of the scheduled hearing. In extraordinary circumstances, the Hearing Officers may accept the submission of evidence within the two (2) calendar days before the hearing. Character and expert witnesses are not permitted as evidence
  2. Both parties will be notified that evidence is available for their review. Parties will need to make a request in writing to the Director of Student Rights & Responsibilities or designee with at least one (1) calendar days’ notice prior to the Hearing to review evidence. Parties will be able to review evidence and take notes on their observations but will not be able to take evidence with them and/or make copies of the evidence (inclusive of taking photographs/video recordings of the evidence).
  3. The Hearing Officers will make the final decision related to the admissibility and relevancy of all evidence.
  4. Evidence presented during a hearing that indicates a potential violation of the Student Code of Conduct may be adjudicated at a future time.
  5. New Evidence: As a general rule, no new evidence or witnesses may be submitted during the hearing. If the Complainant or Respondent (the parties) identifies new evidence or witnesses that were not reasonably available prior to the hearing and could affect the outcome of the matter, the Party may request that such evidence or witnesses be considered at the hearing. The Hearing Officers will consider this request and make a determination regarding (1) whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing, and (2) whether such evidence or witness testimony could affect the outcome of the matter. The Party offering the newly-discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence. If the Hearing Officers answers in the affirmative to both questions, then the Parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.
4. Respondent Rights in a Hearing: The Respondent shall have the right to:
  1. Receive advance notice of at least five (5) calendar days of the date, time and location of any hearing they are required to or are eligible to attend. This notification will also include a written statement of the violations to the Student Code of Conduct that the Respondent is being charged with.
  2. Proper written notification shall be defined as hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus e-mail account, or delivery by the U.S. Post Office to a student’s local off-campus address. Students shall be held responsible for the contents of mail for which they have refused receipt.
  3. A prompt and impartial hearing.
  4. An investigation and adjudication 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.
  5. Request a delay of a hearing date of up to five (5) calendar days reasonable under the circumstance(s). The Director of Student Rights & Responsibilities or designee will determine the validity of the request and if the delay will be granted.
  6. Be notified of the proposed evidence and information to be presented and to know the identity of witnesses who have been called to speak at the hearing or provide written testimony for the hearing when such information is known by the Director of Student Rights & Responsibilities or designee prior to the hearing.
  7. Present evidence, testimony, witnesses, and witness statements when deemed appropriate and relevant by the Hearing Officers.
  8. Ask questions of the Hearing Officers and via the Hearing Officers indirectly request responses from other parties and any other witnesses present. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. It will be left to the discretion of the Hearing Officers whether or not to ask requested questions of other parties.
  9. One support person/advisor of their choosing. The advisor shall not represent or speak for the student and shall not participate directly in the student conduct process. The advisor may be present and speak privately with the student during any meeting. It is responsibility of the student to find their own support person/advisor.
  10. Be present at the pertinent stages of the hearing process. The deliberations of the Hearing Officers are private.
  11. Be truthful and accurate when presenting statements and other information.
  12. Present a written impact statement to the Hearing Officers to review if a finding of “responsible” is made. Impact statements are only reviewed by the Hearing Officers when deliberating sanctions. Impact statements outline the student’s reasoning for what may constitute an appropriate sanction. The Hearing Officers are not bound by these statements when recommending sanctions.
  13. Have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
  14. A written notification of the outcome of the hearing and a description of the appeal procedure no later than ten (10) calendar days after the hearing.
  15. Appeal the decision (see Section VIII).
5. Hearing Procedures: A hearing is conducted differently from legal proceedings and shall generally be conducted in accordance with the procedures listed below:
  1. A hearing shall be closed and not open to the public. Admission of any person into the hearing room shall be at the discretion of the Hearing Chair. The Hearing Chair shall have the authority to remove any person whose presence is deemed unnecessary or obstructive to the proceedings.
  2. When a hearing involves more than one Respondent, the Director of Student Rights & Responsibilities or designee may, at their discretion, permit the hearings to be conducted either separately or jointly.
  3. If a Respondent, after receiving proper written notification, does not appear for a hearing, the hearing will proceed without the Respondent and a finding will be made, including sanctions (if appropriate), based on the information available.
  4. The Complainant and Respondent shall each have the opportunity to present opening statements, present evidence and ask relevant questions of the opposite party in a manner prescribed by the Hearing Chair.
  5. The Respondent and Complainant will answer questions from the Hearing Officers in a manner prescribed by the Hearing Chair.
  6. The Complainant and Respondent may arrange for witnesses to present pertinent information. Hearing Officers, the Respondent, and Complainant reserve the right to question witnesses in a manner prescribed by the Hearing Chair.
  7. After the portion of the hearing concludes in which all pertinent information has been received, the Hearing Officers shall deliberate in private whether the Respondent has violated each section of the Student Code of Conduct for which they have been charged. The Hearing Chair will not participate in these deliberations. Hearing Officers will make their decision by majority vote.
  8. When a student Respondent is found “responsible” for a violation(s), the Hearing Officers shall continue private deliberations to recommend appropriate sanction(s). The Hearing Officers may review the Respondent’s impact statement. Hearing Officers may also consider additional relevant mitigating and aggravating factors to help make their recommendation on appropriate sanctions. Hearing Officers will make their decision about recommended sanctions by majority vote. The Hearing Chair will not participate in these deliberations.
  9. The Hearing Officers will send their findings and recommendations to the Director of Student Rights & Responsibilities. The Director of Student Rights & Responsibilities may confirm, amend, add, or remove sanctions from those recommended by the Hearing Officers, but may not alter other outcomes made by the Hearing Officers. The Director of Student Rights & Responsibilities may review the Respondent’s impact statement, academic record, prior conduct history, and other relevant mitigating and aggravating factors to make their determination on appropriate sanctions.
  10. The Director of Student Rights & Responsibilities will create the Hearing Outcome letter and mail it to the student within ten (10) calendar days of the Hearing’s conclusion. Proper written notification shall be defined as hand-delivery by campus staff, delivery of information via electronic message to a student’s assigned campus e-mail account, or delivery by the U.S. Post Office to a student’s local off-campus address. Students shall be held responsible for the contents of mail for which they have refused receipt.

NOTE: All procedural questions are subject to the final decision of the Hearing Chair. Procedural questions may be asked at any point while the hearing by any participant, with the exception of the support person/advisor. Student conduct procedures may be modified by the Hearing Chair.

Recordings: Hearings will be recorded by the College and, if recorded, the College will maintain the audio recordings as required by New York state law. Recordings are the property of the College. Participants are prohibited from making their own recording (including, but not limited to audio, photographic, video, and/or written recording). Upon written request, a Respondent or Complainant may review the audio recording and make appropriate arrangements for it to be transcribed on College premises. Arrangements for a transcriber and all associated costs involved in the transcription will be the sole responsibility of the requesting individual

Section VII: Sanctions

The following are sanctions that may be imposed on individuals and/or groups found in violation of the Student Code of Conduct:

Official Warning: is an official written statement of the College’s disapproval of a student’s actions and a warning that any future violation(s) could result in more severe sanctions which could include probation, suspension, or expulsion. This is not a referral, but rather a written instruction from the College to the student with the expectation that the student modifies future behavior in accordance with the Warning.
College Probation: is a higher-level sanction issued for serious violations or a pattern of violations of the Student Code of Conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student commits another violation during the probationary period. During the probation period, a student may be excluded from some programs and curricular or extra-curricular activities.
Course Removal: is when a student is no longer eligible to attend or otherwise participate in one or more courses they are currently enrolled in. The student forfeits tuition and fees and does not receive academic credit for the semester in which the course removal occurred.
Suspension: is an involuntary separation of the student from the College for a definite period of time and/or until certain conditions for readmission are met. A student who is suspended is unable to register for and attend classes, participate in any College activities, or be present on College property. Suspension is a severe sanction and the student forfeits tuition and fees and does not receive academic credit for the semester in which the suspension occurred. A student may be assigned conditions for reinstatement. These conditions may include actions that must be completed, in full, before a student is eligible for reinstatement. The student is not guaranteed reinstatement at the end of the designated period, but a review regarding eligibility for reinstatement is guaranteed if a student submits the necessary information. The student must apply in writing for reinstatement to the Dean of Student Life. The student must provide evidence that all conditions for reinstatement are complete at the time of the request for reinstatement. The Dean may also request additional information they believe will aid them in assessing the student’s readiness for reinstatement. The Dean shall determine if the student is ready for reinstatement. If reinstatement is granted, the student may reenroll for courses beginning the next academic term. The Dean may also impose conditions on the student that must be adhered to if they are granted reinstatement to the college following the period of suspension. If reinstatement is denied, the student will remain suspended for another definite period, determined by the Dean, at which time they may reapply for reinstatement again at the close of that next period of time. The decision of the Dean is final. Students can submit requests for reinstatement by visiting the Reinstatement After Disciplinary Suspension page of the SUNY WCC website, then clicking on the link to complete the form.
Expulsion: is an involuntary and permanent separation from the College and will be invoked where extreme violations of the Student Code of Conduct occur. A student who is expelled is permanently prohibited from being on any property of the College, attend any events/activities of the College, and shall not be readmitted to the institution. The student forfeits tuition and fees and does not receive academic credit for the semester in which they were expelled.
Secondary Sanctions: promote principles of restorative justice and may encourage restitution, reflection, or other aspects of student development. Secondary sanctions can include, but are not limited to:
1. Restitution: may be assigned when College property is damaged. An assessment of the damage will be made by the appropriate College department and/or personnel. The responsible student(s) may be billed as appropriate. Restitution for personal property cannot be resolved via the conduct process.
2. Educational/ Restorative Activities: Work assignments, community services and other related sanctions, which can include, but are not limited to:
  1. Reflection or research paper on assigned topic
  2. letter of apology
  3. program presentations
  4. substance abuse education
  5. attendance at educational or other community programs, including participation in the Viking Navigator Program
  6. Virtual trainings, modules or workshops (i.e. Therapy Assistant Online modules)
3. Restrictions/Loss of Privileges: denial of a specified privilege for a designated period of time. These restrictions can include, but are not limited to:
  1. A restriction from possessing particular items on-campus
  2. A restriction from being in a particular college building(s) or specific rooms/locations on-campus
  3. Restriction from attending a specific event or event(s)
  4. Restriction from participating in specific co- or extra-curricular programs/activities/groups
  5. Other restrictions as deemed appropriate
4. Mandated Counseling Assessments: a student must attend an assessment and/or session with the Office of Mental Health and Counseling Services or other college or community group by a specified date. Unless otherwise stated, the student is required to complete the recommendations of the assessment.
  1. No Contact Order: is a written directive prohibiting contact with a protected individual, either directly or through a third party. If the accused or Respondent and a protected person observe each other in a public place, it is the responsibility of the accused or Respondent to leave the area immediately and without directly contacting the protected person.
  2. Parental Notification: occurs when, in accordance with the Federal Educational Rights and Privacy Act (FERPA), students are under the age of 21 and found responsible for violations of the College’s alcohol or drug policies. This notification will typically be in writing.
5. Sanctions for Hate or Bias-Related Crimes: If a student is responsible for a violation that is directed toward an individual or group due to race, color, national origin, ancestry, ethnicity, gender, gender identity or expression, sexual orientation, religion, religious practice, age, physical or mental disabilities, including learning disabilities, and past/present history of a metal disorder, sanctions may be enhanced.
6. Student Club/Organization Violations: If a student club/organization is found responsible for a violation, they may receive any sanction listed above and:
  1. Loss of Recognition: will result in loss of all College privileges for a student club/organization for a designated period and will require the group to reapply for College recognition. Conditions for future recognition may be specified.

The Director of Student Rights & Responsibilities or designee will place an administrative hold on a student’s college account when the student fails to complete any sanctions by the assigned deadline. The hold will remain in effect until the assigned sanction(s) are completed. The Director of Student Rights & Responsibilities or designee also reserves the right to charge a student with (1) Abuse of the Student Conduct System for failing to complete sanctions by their assigned deadlines.

Section VIII: Conduct Process for Non-Title IX Covered Sexual Misconduct

Sexual Misconduct Covered Under Title IX

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

Defines the meaning of “sexual harassment” (including forms of sex-based violence)
Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble.

Based on the Final Rule, Westchester Community College has implemented a Title IX Grievance Policy, effective August 14, 2020, which can be found on the Title IX page of the SUNY WCC website.

Under the Final Rule, Westchester Community College must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy.

“Covered Sexual Harassment”: Under the Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:
1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under {your state(s)} domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of {state}.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to– (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
Geographic Scope: The Title IX Grievance Policy states that Westchester Community College’s “education program or activity” includes:
1. Any on-campus premises
2. Any off-campus premises that Westchester Community College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
3. Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Westchester Community College’s programs and activities over which Westchester Community College has substantial control.

Sexual Misconduct Not Covered Under Title IX

Westchester Community College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule. Westchester Community College utilizes this Student Code of Conduct that defines certain behavior as a violation of campus policy, identified as sex-based offenses that are not covered specifically under the Title IX final rule. These sex-based offenses include the following violations of the Student Code of Conduct: (29) Intimate Partner Violence (dating violence and domestic violence) (30) Sexual Assault; (31) Sexual Harassment; and (33) Stalking. Westchester Community College also maintains a separate Sexual Misconduct Policy that addresses these types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating these sex-based offenses.

The College’s complete policies for reporting and investigating these non-Title IX covered allegations of sexual misconduct, as well as resources for support, can be found on the Title IX page of the SUNY WCC website.

In the event that there is a conflict between any procedures set forth in this section (Section VIII) with any procedures described in any other portion of this Code, the procedures set forth in this section (Section VIII) will control for cases of non-Title IX covered sexual misconduct.

Students’ Bill of Rights

The College is committed to providing options, support, and assistance to members of our community that are affected by sexual assault, sexual harassment, intimate partner violence and stalking, regardless of whether the crime occurred on campus, off campus, or while studying abroad. The rights enumerated in the Student’s Bill of Rights are afforded to all students reporting sexual violence, as well as all students accused of sexual violence, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

All students have the right to:

Make a report to local law enforcement and/or state police;
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the College;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Policy for Alcohol and/or Drug Use Amnesty in Sexual Misconduct Cases

The health and safety of every student at Westchester Community College is of utmost importance. Westchester Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Westchester Community College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials.

A bystander acting in good faith or a Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Westchester Community College’s officials or law enforcement will not be subject to Westchester Community College’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. (Section 6442 Education Law Article 129-B).

Reporting, Resources, Interim Measures, Accommodations and Investigation Process
1. Reporting, resources, interim measures, accommodations, and the investigation process for non-Title IX covered sexual misconduct will be governed by the College’s Sexual Violence Response Policy, which can be found on the Title IX page of the SUNY WCC website.
Adjudication Process For Cases Of Non-Title IX Covered Sexual Misconduct
1. Reporting Individuals have the right to request that student conduct charges be filed against the accused.
2. Hearing procedures for cases of non-Title IX covered sexual misconduct will generally follow the same procedures outlined in Section VI.E. Hearings.
3. Both the Reporting Individual and Respondent are afforded the same rights in a Hearing for non-Title IX covered sexual misconduct cases. Generally, these rights are found in Section VI.e. However, to ensure compliance and given the unique nature of these Hearings, there may be differences in rights afforded to parties from general hearings. Below are the rights of the Respondent and Reporting Individual in a Hearing for non-Title IX covered sexual misconduct cases. If there is a discrepancy between the rights found in VI.e. and those listed below those listed below will control.
4. Have their complaint adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the Respondent, including the right to a presumption that the Respondent is, “not responsible” until a finding of responsibility is made and other issues related to sexual assault, domestic violence, dating violence, and stalking.
5. Be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Advisors may not address the Hearing Officers during a disciplinary hearing, but may speak privately with the advisee during the proceedings.
6. 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. Respondents will 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.
7. 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 10 days except when law enforcement specifically requests and justifies a longer delay.
8. Offer evidence during an investigation and review available relevant evidence in the case file (or otherwise held by the College), including the investigator’s findings report, consistent with institution policies and procedures. See Evidence (V.5.c.)
9. A range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition, if available.
10. 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.
11. 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.
12. Written or electronic notice about the sanction(s) that may be imposed on the accused/Respondent based upon the outcome of the conduct proceeding.
13. Access to one level of appeal before a panel that is fair and impartial and does not include individuals with a conflict of interest.
14. Choose whether to disclose or discuss the outcome of a conduct hearing.
15. Present a written impact statement to the Hearing Officers to review if a finding of “responsible” is made. Impact statements are only reviewed by the Hearing Officers when deliberating sanctions. Impact statements outline a student’s reasoning for what may constitute an appropriate sanction. The Hearing Officers are not bound by these statements in determining sanctions.
16. Have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination, unless otherwise required by law.
17. During a Hearing involving cases of non-Title IX covered sexual misconduct, generally only the following individuals will be permitted to attend: the Reporting Individual, Respondent(s), a Complainant, two to three Hearing Officers, a Hearing Chair, any support persons/advisors, any witnesses, and the Title IX Coordinator and/or the Director of Student Rights & Responsibilities who may each serve in an Advisory position to the Hearing Officers. The Reporting Individual may serve as a witness or the Complainant during the Hearing.
18. Students who are found responsible for violations of sexual misconduct, including: (32) Sexual Harassment; and/or (33) Stalking; must at minimum receive a sanction of probation. Students who are found responsible for violations of sexual misconduct, including: (29) Intimate Partner Violence (dating violence and domestic violence); and/or (30) Sexual Assault; and (31) Sexual Exploitation; must at minimum receive a sanction of suspension.

Refer to the Sanctioning Guide available on the Code of Conduct page of the SUNY WCC website for more information about specific sanctions that can be imposed for violations of sexual misconduct.

Interim Administrative Action Process Involving Sexual Misconduct
1. Interim Administrative Action may be taken and/or Administrative Directives may be issued by either the Director of Student Rights & Responsibilities or designee or the Title IX Coordinator or designee.
2. For cases involving sexual misconduct, both the accused/Respondent and the Reporting Individual shall, upon request, and consistent with college policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of interim administrative action(s), including potential modification and discontinuance, and shall be allowed to submit evidence in support of their request.
3. The request for review must be submitted in writing to the Dean of Student Life or designee within three (3) calendar days of the receipt of the interim administrative action letter. The decision of the Dean or their designee is final.

Section IX: Appeals

An appeal is a process to request the review of the original student conduct outcome. An appeal does not rehear a student conduct case, but rather, determines if the conclusion reached in the original case is valid based on substantiation of a procedural error, new evidence, or the severity of the sanction.

In an Administrative Conference, only resolutions wherein a sanction was imposed by the Student Conduct Officer are eligible for appeal. Resolutions to an Administrative Conference made by an Administrative Agreement are not eligible for appeal.

In a Hearing, the Respondent has the right to submit one application for appeal. In Hearings involving cases of Sexual Misconduct, both the Reporting Individual and Respondent have the right to appeal and the procedures are governed by different appeal procedures per Section IX.3.

Grounds for Appeal

The application for an appeal may only be filed on the grounds below and must meet at least one of the three standards to be considered for an appeal:

Procedural Error: is when the hearing was not conducted in conformity with the policies and procedures detailed in the Student Code of Conduct, and as a result, the outcome of the case was significantly impacted. A procedural error and its impact on the case must be clearly described in the appeal.
Sanction Severity: is when a sanction(s) was not appropriate for the violation(s) of the Student Code of Conduct. Evidence must show that the sanction is inappropriate based on the infraction.
New Evidence: refers to new evidence that was unavailable during the original hearing or investigation that could significantly impact the original finding or sanction. A summary of the new evidence and its potential impact must be included. This does not include information available but not disclosed at the Hearing/Administrative Conference by choice (i.e. opting not to disclose or a Respondent not attending a Hearing/Administrative Conference).

Appeal Procedure for Cases Not Involving Sexual Misconduct

Appeals must be submitted, in writing, via the Student Conduct Appeals Form found on the SUNY WCC website, within five (5) calendar days of the decision. An appeal may not be submitted by a third party.
The Dean of Student Life, using the preponderance of evidence standard, shall determine if the appeal is timely and meets the grounds for appeal. The review of the appeal shall be limited to a review of the student conduct file and supporting information provided in the appeal application. The audio recording of the hearing shall be available to the Dean for review as necessary.
1. If the appeal is not timely and/or does not meet the grounds for appeal, the original decision and sanction will stand and be final.
2. If the appeal is timely and meets the grounds for an appeal (see Section IX.1.), the Dean may: (a) uphold the original decision; (b) reverse the decision; (c) add, remove or amend sanctions; (d) remand the matter back to the original Hearing Officers or Student Conduct Officer who heard the case for a specific reconsideration or for the case to be reheard, in part or in entirety; and/or (e) Remand the matter to a new Hearing Officers or Student Conduct Officer for the case to be reheard.
3. If the original decision is upheld, reversed or if sanctions are added or removed, this decision will be final and binding upon all parties.
4. Written notification will be sent to the Respondent.

Appeals for Cases of Non-Title IX covered Sexual Misconduct

In such cases, the Reporting Individual and Respondent will receive written notification of the Hearing Officer’s decision and either party can then submit an application for appeal within five (5) calendar days according to the procedures in X.2.a.
If one party submits an application for an appeal, the non-requesting party will receive notice that an appeal was submitted and may then submit either their own appeal or a written response to the requesting party’s appeal within five (5) calendar days of the notification. If both parties appeal, the appeals will be considered concurrently.
Appeals will be reviewed by a three-member appeal panel consisting of Dean of Student Life or designee and two other designated College officials of the Dean’s choice who were not involved with the original case. The review of the appeal shall be limited to a review of the student conduct file and supporting information provided in the appeal application. The audio recording of the hearing shall be available to the Dean for review as necessary.
The panel shall determine if the appeal is timely and meets the grounds for appeal.
1. If the appeal is not timely and/or does not meet the grounds for appeal (see Section IX.1.), the original decision and sanction will stand and be final.
2. If the appeal is timely and meets the grounds for an appeal (see Section IX.1.), the appeal panel, by majority vote, may: (a) uphold the original decision; (b) reverse the decision; (c) add, remove or amend sanctions; (d) remand the matter back to the original Hearing Board who heard the case for a specific reconsideration or for the case to be reheard, in part or in entirety; and/or (e) Remand the matter to a new Hearing Board for the case to be reheard. If the original decision is upheld, reversed or if sanctions are added or removed, this decision will be final and binding upon all parties.
The results of any appeal will be communicated in writing to the Reporting Individual and the Respondent by the Dean of Student Life or designee. This letter will include the underlying decision, sanction, and rationales for decision and sanction.

Section X: Special Provisions Governing Acts of Academic Dishonesty

Academic dishonesty is both an academic matter between a student and their faculty member and a violation under the Student Code of Conduct. The Academic Honesty Policy details action that can be taken by a faculty member. Actions taken by a faculty member are considered academic in nature and not a college disciplinary sanction. Faculty members are encouraged to report all incidents of academic dishonesty to the Office of Student Life. The Director of Student Rights & Responsibilities will maintain a record of the reported incident and may elect to pursue college disciplinary action per this Code.

Section XI: Special Provisions Governing Acts of Classroom Disruption

The college recognizes that faculty members are responsible for effective management of the classroom environment that promote conditions that will enhance student learning. Fortunately, student disruptions in WCC classrooms are rare and seldom lead to disciplinary actions. However, when student behavior is disruptive, a faculty member has the right to respond in a manner as detailed in the Classroom Conduct Policy which also details the process for review of these incidents under the Student Code of Conduct.

Section XII: Special Provisions Governing Incidents of Bias, Discrimination or Hate Crimes

The Hate Crime or Bias Incident Response Policy provides a mechanism through which the College may identify, respond to, and prevent incidents of unlawful discrimination. This policy details the College’s grievance procedures, inclusive of intake, investigation, and adjudication for all incidents of discrimination based on protected classes, traits, or other characteristics protected by local, state, and federal law for which the College has received a complaint.

Section XIII: Student Disciplinary Files and Student Records

The Director of Student Rights & Responsibilities will establish a student disciplinary file whenever a case is reported for a possible violation. The file of a student found to have violated the Student Code of Conduct will be retained for at least five years from the date of the sanction. Student conduct records may be retained longer or permanently if the student was suspended or expelled or if there is reason to believe the case could result in future litigation. The release of student disciplinary records will be governed by applicable federal and state laws. A student’s academic transcript shall be noted as follows for cases involving withdrawal with charges pending, suspension or expulsion:

Withdrawal with Conduct Charges Pending: For alleged policy violations, the Director of Student Rights & Responsibilities can direct that a hold be placed on a student’s account who withdrew or leaves the college prior to the disposition of the alleged violation. Transcript comment reads: “Withdrew with conduct charges pending on (date).” The notation will remain on the transcript until appropriate disposition of the violation has been made.
Suspension: Student receives W grade according to established guidelines. Transcript comment reads: “Suspended after a finding of responsibility for a Code of Conduct violation from (date) to (date).” For suspensions related to crimes of violence, hazing or other serious violations, the notation will permanently remain on the transcript. For others, the notation will remain on the academic transcript at least for the period of suspension plus one year. At that time, the student may petition to have the notation removed.
Expulsion: Student receives W grades according to established guidelines. Transcript comment reads: “Expelled after a finding of responsibility for a Code of Conduct violation on (date).” Comment shall not be removed.

NOTE: If a finding of responsibility is vacated for any reason, any transcript notation shall be removed from a student’s record.

2.5 Title IX

Visit here for Title IX.

2.6 Reporting an Incident

Visit here for Reporting an Incident.

2.7 Academic Honesty

2.7.1 Policy

Westchester Community College looks to students to engage in activities that promote individual growth, demonstrate civility toward others, and builds community through the safe, respectful exchange of diverse thought, opinion, and action while on campus and in everyday events.  To maintain the trust extended by the College, students are expected to exhibit personal accountability and remember that the decisions they make have an impact on the overall health of our community, and, ultimately, on the quality of their experience.

Academic dishonesty, including plagiarism, cheating, and collusion undermines the college’s educational mission and students’ personal and intellectual growth. Students are expected to bear individual responsibility for their work and to uphold the ideal of academic integrity. Any student who attempts to compromise or devalue the academic process will be held accountable for their actions.

Acts of Academic Dishonesty

Plagiarism

Plagiarism is the act of presenting another person’s ideas, research, or writing as one’s own. Examples include:

Copying another person’s actual words without both the use of quotations and documentation. 
Presenting another person’s ideas or theories in one’s own words without documentation.
Using information that is not considered common knowledge without acknowledging the source. 
Using a paper writing “service” or having a friend write the paper.

Note: The guidelines that define plagiarism also apply to information secured on web sites. Internet references must specify precisely where the information was obtained and where it can be found.

Students may think that citing another author’s work will lower their grade. In some unusual cases this may be true, if the instructor has indicated that a student must write a paper without reading additional material. But in fact, as students progress in their studies, students will be expected to show that they are familiar with important work in their field and can use this work to further their thinking. The key to avoiding plagiarism is for students to clearly show where their own thinking ends and someone else’s begins.

Cheating

Cheating is the attempted or unauthorized use of materials, information, notes, study aids, devices or communication during an academic exercise. Examples include (but are not limited to):

1. Tests and Exams:

Copying from another student during an examination or allowing another to copy your work.
Using unauthorized notes during a closed book examination.
Using unauthorized devices, software, websites or apps during an examination.
Asking or allowing another student, or anyone else, to take an examination for you.
Changing a corrected exam and returning it for more credit.
Preparing answers or writing notes in a blue book (exam booklet) before an examination.
Taking an examination for another student.
Taking an examination or any examination material out of an examination room at any time without the expressed permission of the instructor who created that examination.

2. Take Home Tests and Individual Assignments:

If tutors or others aid the student in the preparation of an assignment, the submitted assignment should represent the student’s current level of ability.
Unauthorized collaborating on a take home assignment or examination.
Submitting substantial portions of the same paper to two classes without consulting the second instructor.
Using a paper writing “service” or having someone else write the paper for you.
Preparing an essay or assignment, or allowing one’s essay or assignment to be copied by someone else.
Borrowing all or part of another student’s paper or using someone else’s outline to write your own paper.
Intentionally citing inaccurate or nonexistent source materials.

3. Collaborative (Group) Assignments:

Failure to acknowledge group members on homework and lab assignment.
Turning in another group member’s work as an example of your individual work.

Note: Group projects require careful division of responsibility and careful coordination to control the quality of the final product. Group work calls for a different kind of effort, not less of it. When group projects are assigned, the instructor is usually interested in the mastery of group process as well as the subject. Ask the instructor to clarify individual responsibilities and suggest a method of proceeding.

4. Labs:

In computer programming classes, borrowing computer code from another student and presenting it as your own.
Copying a lab report, or allowing someone else to copy one’s report.
Using another student’s data unless specifically allowed by the instructor.
Allowing someone else to do the lab report.
Faking laboratory data.

5. Generative Artificial Intelligence (AI):

The use of artificial intelligence (AI) to generate and/or complete any coursework is forbidden unless explicitly permitted by the course’s instructor. It is the student’s responsibility to confirm with the instructor whether AI is permitted and in what capacity. When AI is permitted, the student must clearly attribute which sections of their work were generated with AI, and the student must include citation(s) in the format required by the instructor.

Examples of Generative AI include, but are not limited to ChatGPT, GPT-4, DALL-E, Bard, Stable Diffusion, Midjourney, GitHub Copilot.

6. Abuse of Library Privileges:

Any attempt to deprive others of equal access to library resources constitutes a violation of academic integrity. This includes the hiding or deliberately mis-shelving of library books for the use of an individual or group, a repeated failure to respond to recall notices and the removal or attempt to remove library materials from the college library without authorization. Defacing, stealing or destroying books, articles or other library materials meant to serve the entire college community also constitutes a violation of academic integrity.

2.7.2 Procedures for Addressing Academic Dishonesty

Step 1: Faculty Determination & Student Meeting

When a faculty member determines that a student has engaged in an act of academic dishonesty, the faculty member has the right to impose one of the following decisions, selected at the faculty member’s discretion:

Issue a warning without further penalty.
Require that the student repeat the assignment or test.
Lower a grade for the assignment/test.
Fail the student for the assignment/test.
Lower a course grade.
Fail the student for the course. The failing course grade supersedes the student’s right to withdraw from the course.

The faculty member must notify the student, in writing, of their determination and provide an opportunity to discuss the written notification with them. The faculty member should provide a copy or link to this policy in their written notification. A student must request to meet with the faculty member within five (5) business days of receiving notification if they wish to contest the allegation. Upon receipt of the request from the student to meet, the faculty member should schedule the meeting within (5) business days. This meeting may take place in person (face-to-face), by telephone, or virtually (i.e. Zoom, Skype, etc).

Step 2: Appeal to School Review Committee

A student reserves the right to file an appeal to the respective School Review Committee after they have either: (1) had a discussion with the faculty member and the student feels the issue is not resolved to their satisfaction; or (2) the faculty member is unavailable, does not reply, or fails to meet with the student upon the student’s timely request.

A written appeal must be submitted to the School Review Committee within five (5) business days of the conclusion of Step 1. Submissions must be submitted using the Academic Dishonesty Appeal Form .

The School Review Committee will be comprised of the respective School Dean (or designee) and two faculty members at large from the respective school.

In the written appeal, a student must include: (1) a statement detailing why they believe the determination of their faculty member is incorrect; and (2) provide any and all evidence supporting their claim. Upon receipt of the appeal, the School Review Committee will contact the faculty member to notify them of the student’s appeal. The School Review Committee may request a written statement or a meeting with the faculty member. The faculty member should present the School Review Committee with all evidence they have.

In their sole discretion, using the information presented, the School Review Committee will make a determination as to the outcome of the appeal. The School Review Committee may: (1) uphold the original determination of the faculty member; (2) reverse the original determination of the faculty member; and/or (3) modify the penalty(ies) imposed by the faculty member. The School Review Committee will notify the student and faculty member of its decision in writing. The decision of the School Review Committee is final.

Any student who is found in violation of this policy becomes ineligible to grieve their final grade under the Procedures to Appeal a Final Grade policy.

Step 3: Reporting to the Office of Student Life

At the conclusion of the process, an Academic Dishonesty Incident Report form should be submitted to the Office of Student Life. If the student does not appeal, the faculty member should submit the report. If the student does appeal, the School Dean, as Chair of the School Review Committee, should submit the report. The report should include all documentation related or reviewed in the case.

At the sole discretion of the Associate Dean of Student Life or designee, the student can be referred through the college conduct process for possible college sanctions as outlined in the Code of Conduct.

Typically, students will be charged with a Code of Conduct violation when there have been multiple academic integrity issues or an instance of academic integrity so severe that it must be reviewed to determine if the student should continue as a member of the campus community. In such a situation, the student will be held to all processes and procedures as outlined in the Code of Conduct. The faculty member will serve as a witness to the case.

Approved by SUNY WCC Cabinet, January 30, 2024

2.8 Academic Complaint Policy

2.8.1 Policy

Westchester Community College believes that most student concerns/complaints related to course management can be resolved informally between the student and the faculty member. Examples of course management concerns might include 1) a student believing that their instructor has significantly deviated from the course syllabus, or 2) a student believing that their mid-semester average is incorrect. If the academic concern/complaint cannot be resolved to the satisfaction of all parties, students have the right to pursue a formal complaint. Students wishing to appeal a final course grade should follow the procedures outlined in the Grade Appeal Policy. If an Academic Complaint extends beyond the end of the academic term, the process automatically becomes a Grade Appeal where any remaining steps of the process should follow that policy. If at any point during the process it is determined that the nature of the complaint could potentially lead to disciplinary action against the faculty member, then procedures outlined below would terminate and the form will be submitted to the School Dean. The Dean will then notify the faculty member and the Union in writing (email is acceptable).

2.8.2 Procedures

Step 1: Student Communicates with Faculty Member

A student with a concern/complaint about a faculty member’s course management must first bring their concern/complaint directly to the course instructor. The student must communicate their complaint in writing (email is acceptable), and the instructor shall meet (or communicate electronically) with the student within ten (10) business days.
The student and instructor shall earnestly strive to resolve the issue, but if a resolution is not reached and the student wishes to pursue a formal complaint, the student will complete then email the Academic Complaint Form to the chairperson of the department where the course is housed to initiate Step 2. If the faculty member does not respond to the student’s communication within 10 days, the student should complete then email the Academic Complaint Form.

Step 2: Meeting with the Department Chair

The chairperson will communicate and/or meet with the student and with the faculty member within 10 business days of the date the Academic Complaint form was sent.
The chairperson, faculty member, and student will act in a determined manner to resolve the complaint. If the complaint is resolved to the student’s satisfaction, the chairperson will complete the appropriate section of the Academic Complaint Form then email it to the student.
If the faculty member and student remain at an impasse AND the student indicates an intention to continue to pursue the complaint, the department chair will complete the appropriate section of the Academic Complaint Form then email it to the dean of the school where the course is housed to initiate Step 3.

Step 3: Meeting with the Dean

Within ten business days, the dean will investigate the matter, meet with the department chairperson, the faculty member, and the student. This meeting(s) may take place in person, by telephone, or electronically/virtually.
If the complaint is resolved to the student’s satisfaction, the dean will complete the appropriate section of the Academic Complaint Form then email it to the student and department chair.
If the faculty member and the student remain at an impasse AND the student indicates an intention to continue to pursue an appeal, the dean will complete the appropriate section of the Academic Complaint Form then submit it to the Provost to initiate Step 4.

Step 4: Appeal to the Provost and Vice President of Academic Affairs

After the reviewing the student’s submissions, and completing any meetings or communications with the involved parties, the Provost shall render a final decision. This final decision shall be communicated in writing (email is acceptable) to all parties involved in steps 1-3.
Additionally, the provost will complete the appropriate section of the Academic Complaint Form then email it back to the school dean for recording keeping purposes.

2.9 Posting Material on Campus

Approval: SUNY WCC Board of Trustees: May 15, 2024

The college policy on print materials on campus is intended to uphold the College’s values related to the freedom of expression. The policy also reflects the college’s right to place reasonable restrictions on the time, place, and manner of speech on campus. The limited restrictions were designed to reduce clutter on the boards, to assist sponsors in more effectively promoting their events, and to make event information more readily accessible to the campus community at large.

This policy sets forth procedures for the orderly posting and distribution of print materials (e.g. posters, notices, flyers, announcements). Individuals, organizations, and groups may display signs, posters, or other displays in designated areas provided that they adhere to the posting policy. Posted material shall not promote or condone behavior that violates college policies or local, state, or federal law. The form and content of the publicity will not be restricted unless it is libelous, obscene, and/or incites riot or other unlawful action.

Definitions

College Community Members: Individuals that are directly affiliated with the college such as students, faculty, staff, and administrators as well as groups, including registered student clubs and organizations, campus governance units, academic departments, campus departments/offices, and college committees.
Unaffiliated Individuals and Organizations: All other individuals or organizations. This group may only post on Public Bulletin Boards (as defined below).

Bulletin Boards and Postings

The College recognizes the right of the College community to post materials expressing opinions or information about upcoming events in designated areas. SUNY WCC has four types of Bulletin boards:

Public Bulletin Boards: Open to College Community Members and Unaffiliated Individuals and Organizations. There are three public boards in total, one in each of the following locations:
1. Student Center, outside the Viking Café.
2. College Library, in the Library Lounge.
3. Gateway Center, near the Siegel Café.
College Bulletin Boards: College bulletin boards are for posting of official College documents and announcements, including those of recognized student clubs and organizations. These boards are open only to College Community Members. Boards not clearly identified are considered College bulletin boards.
Department Bulletin Boards: Department bulletin boards are identified, controlled and maintained by specific College departments or student clubs and organizations. Student clubs and organizations need approval from the Department of Student Involvement to identify and control a bulletin board. Only materials approved by that Department or student group can be posted.
Union Bulletin Boards: Union bulletin boards are for posting of official union documents and announcements.

Postings are only permitted on designated bulletin boards per the above guidelines and must be in accordance with all the following posting rules:

Sponsorship on publicity materials must be explicit. For example, “Sponsored by (name of department, committee, organization, or individual).”
Anonymous postings are only permitted on Public Bulletin Boards.
All organizations not affiliated with the college community shall only be permitted to post promotional materials on Public Bulletin Boards. The promotional materials must clearly state the name of the sponsoring organization as well as contact information for further information.
Access to posting space on bulletin boards is available on a first-come, first-served basis. Newer postings should not cover other current postings.
All postings announcing events, meetings, workshops, etc., must include the name and contact information for the organization and shall be removed by the College organization, College group, or member of the College community within 24 hours after the activity.
Posted materials shall be made of paper or similar medium as appropriate for posting on a bulletin board. The preferred size is 8.5” by 11” or smaller and at no time can exceed legal size (8.5”x14”).
No more than one copy of any given posted material shall be affixed to any bulletin board.
All posting materials will be removed and discarded from Public Bulletin Boards by college personnel on a regular basis.
Posted material shall not include references to the sale or consumption of alcohol or other illegal drugs.
Materials that illegally infringe on the copyrighted or trademarked works of others that do not fall within the definition of “fair use” are prohibited.
No materials shall be affixed on any other surface, including but not limited to buildings, doors, windows, bathroom structures, interior walls, elevators, classroom boards (chalkboards, whiteboards, smartboards, etc.), glass surfaces, vehicles, trash receptacles, or building signs.
1. The exception to this is private office doors of faculty, staff, administrators, and student organizations which shall be controlled by the individual to whom the office door is assigned.
2. Items posted outside of the designated areas may be removed by an authorized College representative.
3. The College organization, College group, and/or member of the College community posting items outside of designated areas or defacing College property will be subject to disciplinary or administrative action by the College, including costs for removal and restoration of the area.

Distribution

The hand-to-hand distribution of materials (i.e. brochures, pamphlets, leaflets or other handouts) is restricted to College Community Members and third-party individuals who have received approval to use a designated public forum to exercise their free speech rights per the Use of Facilities by Third Parties For Free Speech Rights policy. The hand-to-hand distribution of materials is only permitted when such activity does not disrupt or interfere with the educational, administrative, or operational activities of the college, the maintenance of campus property, or the free flow of traffic and persons. Reasonable efforts must be made by the parties distributing the materials to prevent and pick up litter because of the distribution.
As with posted materials, hand-to-hand distributed materials must clearly state the name of the organization or individual responsible for the publicity and/or event.
The following actions are prohibited:
1. door-to-door distribution of materials on College property (including at any classrooms or private offices of faculty, staff, and administrators, or student organizations)
2. placement of materials on vehicles
3. leaving materials on tables or other surfaces/counters/floors/etc. (not including an appropriate bulletin board)

The exception is student clubs and organization who may get advanced approval by the Department of Student Involvement or other College departments who may get advanced approval from another designee of the College President. Any such approvals shall be announced to the College Community in advance of the distribution.

Student Clubs and Organization Posting Policy

The Department of Student Involvement and Student Government Association require clubs, organizations, services, general programming, major events, and all other student activity fee funded operations (excluding those funded by the Athletic Department) to submit posters and campus-wide marketing materials for approval before distribution and posting to the campus. Individuals should refer to the Club and Organization Policy and Procedure Manual for complete and accurate information, which can be found on the Clubs & Organizations page of the SUNY WCC website.

Outdoor Posting and Chalking

Outdoor posting and chalking, including any materials on any type of surface, are strictly prohibited. The exception to this policy is that recognized student clubs and organizations can engage in chalking on paved horizontal surfaces that are exposed to the elements and not covered by buildings or awnings. Recognized student clubs and organizations are prohibited from chalking on walls and are further prohibited from using spray chalk of any kind.

Violations

Postings found to violate this policy will be taken down and discarded immediately without notification.

Anyone posting materials in violation of this policy may be subject to disciplinary, legal action, and/or Persona Non-Grata status with the college, as appropriate.

2.10 Policy on Drugs and Alcohol

Updated: September 2025

Westchester Community College is committed to maintaining an environment that supports academic success and personal wellness for all members of our College community. The misuse of alcohol and illegal drugs interferes with the College’s goal of fostering a healthy and safe learning and work environment and can have a devastating effect on all members of the community.

In accordance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989, Westchester Community College prohibits the unlawful manufacture, distribution, dispensation, possession and use of illegal drugs or alcohol by students and employees, except as expressly permitted by law. All Students and Employees are advised that individuals who violate federal, state and/or local laws as well as College policy regarding Controlled Substances, including but not limited to the College’s Policy on Drugs & Alcohol, are subject to College disciplinary action and/or criminal prosecution for violations to federal, state, and/or local laws. College penalties may include attendance and completion of appropriate rehabilitation programs, college sanctions for students that range from a warning to expulsion. Note that under federal law, the use, possession, and distribution of Cannabis is illegal and therefore prohibited on Campus, regardless of its legalization in New York State.

All College visitors, guests, and other Third Parties are subject to College Policy 2.12 Rules for the Maintenance of Public Order for their conduct on Campus and are required to follow all aspects of this policy.

Definitions

Campus or College property: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, either solely or in conjunction with another entity.
Cannabis: is defined as in the New York State Marihuana Regulation and Taxation Act.
College or SUNY WCC: is SUNY Westchester Community College
Controlled Substance or Drug: as defined in this policy, is a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 USCS Section 812 of the Federal Controlled Substances Act, including Cannabis.
Employee: any individual employed by Westchester Community College. This includes permanent, temporary, full-time, part-time, hourly, provisional or any other person who is on the payroll of the College in any capacity.
Event is any on Campus activity sponsored, funded, or organized by the University, Students, Employees, University-related Organizations, or Third Parties, including, but not limited to, formal and informal gatherings, parties, and presentations by and for Students and/or Employees.
Student: any person, regardless of age, admitted, registered, enrolled, or attending any College course or College conducted program; any person admitted to the College who is on College premises or College-related premises for any purpose pertaining to their registration or enrollment.
Student Code of Conduct: the written policies adopted by the institution governing student behavior, rights, and responsibilities and the process by which violations are adjudicated and sanctioned.
Third Party or Parties: is any person, organization, group or entity not legally affiliated with the College including, but not limited to, the general public, contractors, vendors, guests and visitors to the College or Campuses, those using College facilities or property under a College revocable permit, and volunteers whether or not enrolled as such on College systems.

Standards of Conduct

Drugs

Westchester Community Colleges prohibits the manufacture, distribution, sale, possession, and/or use of illicit drugs and/or loitering with intent to engage in these activities on College property, in College facilities, and/or at College on- or off-Campus activities or events sponsored by the institution. This includes student-sponsored social activities or professional meetings attended by employees that the Campus authorizes and/or use any Campus resources. This policy is applicable for all employees and students who are registered for at least one course for any type of credit, except for continuing education units.

An employee convicted of any violation of the criminal drug statutes for activities in or on property owned or controlled by the College or at activities sponsored by the College must notify the Office of Human Resource Services, of the conviction, in writing, within five calendar days of conviction. Student workers must notify the Office of Human Resource Services. Medical testing may be done if the College has a reasonable suspicion that an employee is unable to perform job duties due to the misuse of alcohol, controlled substances, or prescription drugs. The Omnibus Transportation Employee Testing Act of 1991 (OTETA) also requires Westchester Community College to conduct pre-employment, pre-assignment (promotion), reasonable suspicion, post-accident, random, follow-up and return to duty alcohol and drug testing on all employees whose positions require the possession of a Commercial Driver’s License (CDL).

Alcohol

Employees and students are expressly prohibited from selling, dispensing, or consuming alcoholic beverages on Westchester Community College property, in Westchester Community College facilities, or at Westchester Community College activities or events. No under the age of 21 or who otherwise may not lawfully possess, use, or distribute alcohol may do so on Westchester Community College property, in Westchester Community College facilities, or at Westchester Community College activities or events.

Exceptions may be approved under the following circumstances only:

1. Student Events:

Prior written approval is required from the Vice President of Student Affairs.
Sale of alcohol at an approved student event shall be limited to beer, wine (including champagne), and hard cider. No alcoholic beverages other than these three types, including any other liquor or spirits may be served or sold at any event. The type of alcoholic service is limited to a cash bar; open bars are prohibited.
The approved student event must have a purpose other than the consumption of alcoholic beverages and alcoholic beverages may not be used for drinking games or as contest prizes.
Advertising for an approved event that includes the pre-approved sale of alcoholic beverages may not suggest or indicate the availability of alcoholic beverages, nor may it suggest an event purpose associated with consumption of alcoholic beverages.
The venue chosen for an approved student event held off campus at a commercial business must be a venue whose primary purpose and business is not the sale and service of Alcoholic Beverages.
For approved student events held off campus where alcoholic beverages are sold or served, the venue where the approved student event is to be held, or catering business serving the alcoholic beverages, must assume all liability with regard to the sale or service of alcoholic beverages either under proper local and/or state licenses and permits and liability insurance or personal liability.

2. SUNY WCC Foundation Events:

a. Prior written approval is required from the Vice President of Advancement.

Disciplinary Sanctions

Campus administrators, particularly those within Student Life (for students) and Human Resources (for employees) are ultimately responsible for enforcing the standard of conduct (see Standards of Conduct Section of this policy). This responsibility is shared with Campus Security, faculty, staff and students.

Students:

Compliance with the provisions of Westchester Community College’s Policy on Drugs & Alcohol is a condition of attendance at Westchester Community College. In addition, students are subject to the College’s Student Code of Conduct under Section IV.7. Drugs & Alcohol and prohibits, Possession, Use, Distribution, Delivery, or Sale. Individuals should refer to the Student Code of Conduct for more specific information.

Students found responsible for violations of the Student Code of Conduct, which can include violations to this policy, can have sanctions imposed that range from a written warning up to and including expulsion from Westchester Community College. Sanctions may also include corrective action(s) as specified in the Student Code of Conduct, including satisfactory completion of an approved drug or alcohol rehabilitation or assessment program. These sanctions will be imposed subject to the due process detailed in the Student Code of Conduct. Students found in violation of this policy may also be referred to appropriate law enforcement agencies. Note that the student code of conduct applies to both on and off Campus conduct.

In addition, the Student Code of Conduct has a Good Samaritan Policy that states:

Good Samaritans are individuals who summon aid in instances in which abuse of alcohol and other drugs has created a potentially life-threatening situation, requiring an immediate response from emergency services personnel. In all instances, Westchester Community College’s primary concern is that those in need receive prompt medical attention. A Good Samaritan, acting in good faith to summon aid in instances in which abuse of alcohol and other drugs has created a potentially life-threatening situation, requiring an immediate response from emergency services personnel, will not be subject to Westchester Community College’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the request for aid.

The Student Code of Conduct also has a Policy for Alcohol and/or Drug Use Amnesty in Sexual Misconduct Cases that states:

Employees
Compliance with the provisions of Westchester Community College’s drug and alcohol policies is a condition of employment. Violators are subject to discipline, up to and including termination of employment and/or discipline, under the various negotiated agreements, or corrective action(s) as Westchester Community College deems appropriate, including satisfactory completion of an approved drug or alcohol rehabilitation program. Employees found in violation of this policy may also be referred to appropriate law enforcement agencies.

NOTE: Disciplinary sanctions that apply to faculty and staff may differ from one another depending on the terms set forth in collective bargaining agreements.

NOTE: Student workers fall under both the student and employee sections above.

Other Resources

The College’s Alcohol & Other Drug Prevention webpage has additional resources and information, including information on:

Criminal Penalties Associated with Illegal Use of Controlled Substances
Health Risks of Commonly Abused Substances
Drug & Alcohol Programs

2.11 College Events Policy

Approval: SUNY WCC Board of Trustees: November 20, 2024

SUNY WCC supports a vibrant, dynamic, and engaging campus environment for all community members. This policy is designed to provide guidelines for successful, effective, and authorized events and is applicable to all students, employees, and visitors to the College.

Recognized Student Club and Organizational Policies

In addition to the policies in this document, recognized student clubs and organizations are subject to the Student Club and Organization Policies and Procedures Manual. This includes policies on event registration, contracts for performances/speakers, purchasing, reserving space, catering/refreshments, media requests, and more.

Use of Facilities by Third Parties for Free Speech Rights

The College policy titled Use of Facilities by Third Parties for Free Speech Rights applies to all third parties who want to use the College’s designated public forum for free speech purposes.

Definitions

Authorized Person: a person acting within their official duties or responsibilities who is employed by the College or a College-related Organization.
Campus(es): any College owned, leased, licensed or operated space, facility, property, grounds or building.
Club and Organization: Includes student organizations recognized by the Department of Student Involvement or student clubs recognized by the Student Government Association.
College: is SUNY Westchester Community College (SUNY WCC).
College-related Organization or Organization(s): includes, but is not limited to, the following entities associated with the College: the Westchester Community College Foundation and the Westchester Community College Faculty Student Association.
Third Party or Parties: any person, organization, group or entity not legally affiliated with the College including, but not limited to the general public, contractors, vendors, guests and visitors to the College, those using College facilities or property under a College revocable permit, and volunteers not enrolled as such on College systems.
College Event or Events: is any gathering, whether planned or spontaneous, including College Sponsored Events at College Campuses and Third Party uses of the Campus.
Faculty and Staff: any faculty member of the College or staff employed by the College or a College-related Organization and its subcontractors who are issued College identification cards.
Fireworks: any “pyrotechnic device” as defined under NYS Penal Law Section 405.10.1.r, and “fireworks” and “dangerous fireworks” as defined in NYS Penal Law Section 270.00.1 (including “sparkling devices”).
Open Fire: defined in 6 NYCRR 215.1 and includes any device that produces and maintains an open flame. Open Fire includes, but is not limited to, camp fires and the use of outdoor cooking devices that produce heat via combustion (e.g., charcoal or gas grills), as well as items such as candles, torches, and oil lanterns.
Student: any person registered for courses, either full time or part time, pursuing undergraduate studies as well as non-degree seeking students; individuals who confirm their intent to enroll in programs; those attending orientation sessions; individuals who are term active but are between academic terms; individuals taking online classes; individuals auditing classes; individuals that were enrolled on the date of an alleged incident; and persons who are term active but not enrolled at the College.

Prohibited Items at College Sponsored Events

The following items are prohibited at events, both on and off-campus, at all times:

Weapons, meaning any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to: all firearms (including pellet guns, air guns, rifles, shotguns, handguns, multiple firing weapons and any weapon capable of firing a shot), switchblade knives, explosives, or dangerous chemicals (except as authorized for use in class, or in connection with College-sponsored research or other approved activities).
Fireworks.
Open Fires/Flames.
Tobacco and Vaping Products, including, but not limited to: cigarettes (e.g. cloves, bidis, kreteks), cigars, cigarillos, hookah smoked products, pipes and oral tobacco (e.g. spit, spitless, smokeless, chew, snus, and snuff), nasal tobacco, electronic cigarettes, vapes, vaping devices, and any other product that contains tobacco flavoring or is intended to mimic tobacco products or deliver nicotine for any purpose other than that of cessation by nicotine patches or nicotine gum.
Alcoholic beverages and other drugs.
Poles, including flag poles, bats and other similar athletic items, clubs, sticks (including sticks used to hold signs), unless the individual is participating in an instructional, performance, or athletic activity, the Pole is required as part of that activity, and the individual is using the item for its intended purpose.
Animals, not including service animals or those pre-approved by the College for a performance or for an educational or instructional activity.
Drones or other unmanned aircraft systems, other than for official College use and operated by or under the supervision of Authorized Persons.

The College reserves the right, through Authorized Persons, to prohibit any or all of the following items in addition to items listed above, at any event, that is deemed to pose a risk to safety or to potentially disrupt College business, activities, or operations.

Glass or other heavy metal containers
Signage of any kind or those made of anything other than cloth, paper, foam core, or cardboard
Backpacks and bags, other than purses, fanny-packs, and diaper bags which may be subject to search
Aerosol and spray cans
Noisemakers of any kind: including air horns, thunderstix, whistles, cowbells, etc.
Chains, padlocks, bicycle locks
Umbrellas
Laser pointers
Megaphones or other amplified sound devices
Video cameras, tripods and selfie sticks
Any other items determined by Authorized Persons to pose a risk to safety or to potentially disrupt College business.

The College has identified the following exemptions to the above:

Fireworks may be used at College Sponsored Events when specifically authorized by the College, permitted under law, and overseen by a licensed and approved pyrotechnic operator. The College reserves the right to authorize the use of fireworks for events other than College Sponsored Events at its sole discretion.
Open Fires are permitted:
1. When used as part of a recognized course of instruction.
2. When engaged in authorized construction, maintenance, and repair activities (e.g., cutting and welding torches).
3. When expressly authorized as part of a College Sponsored Event (i.e., candles during a candle-lighting ceremony, etc.).
Alcoholic beverages are permitted at College sponsored events with appropriate prior College approval as well as proper licenses and oversight per the policies and procedures in the SUNY WCC Policy on Drugs and Alcohol.
Other exemptions as established by Authorized Persons.

SUNY WCC reserves the right to prohibit other items and activities determined by Authorized Persons that may pose a risk to safety or to potentially disrupt College business, activities, or operations for any event taking place on a college campus at any time. The authority to determine a prohibited item or activity lies solely with the College and is not subject to appeal.

Camping on Campus

Camping, as defined in the bullets below, is prohibited on any SUNY WCC campus:

The establishment of, or attempt to establish, temporary or permanent living quarters at any location, indoors or outdoors, on College property, this includes the establishment of any indoor and/or outdoor encampment erected in connection with any lawful assembly of individuals pursuant to SUNY WCC policies;
Sleeping outdoors with or without bedding, tent, hammock, or similar device, structure, protection or equipment between the hours of 10:00pm and 8:00am and/or during times when a campus is closed;
Sleeping overnight in or under any parked vehicle;
Establishing or maintaining indoors or outdoors, or in or under, any structure not designated for human occupancy, at any time during the day or night, a temporary or permanent place for cooking, storing of personal belongings, or sleeping by setting up any bedding, sleeping bag, mattress, tent, hammock or other sleeping equipment, or by setting up any cooking equipment.
Exemptions:
Actions that constitute “camping” as defined above may be permitted in the following special circumstances by the Director of Security or designee(s):
- By artists or actors who participate in College authorized and approved artistic performances that require such actions as part of the artistic production and only so long as it relates to their performance.
- In extraordinary circumstances, such as times of natural disaster, when approved in writing in advance by the President of the College or their designee.

Sound

Music, speech, or orchestrated sound components, amplified or not, is subject to the following stipulations:

Amplified sound or music associated with an event or gathering in outdoor spaces on campus are not permitted while classes are in session in order to preserve the academic mission of the College, unless as part of a recognized course of instruction. Exemptions may be made by the Director of Student Involvement, Director of Athletics or designee(s).
Requests for amplified sound or music will be granted only if there are no previously scheduled events that may be negatively affected by sound or music.
- All student clubs and organizations wishing to present events with amplified sound or music of any type need to approve events with Student Involvement. Additional information about registering a student event can be found in the Student Club and Organization Policies and Procedures Manual.
Events may be monitored and the college reserves the right to make any and all determinations regarding the sound level of an event. Organizers may be required to lower the sound level or discontinue the use of sound in respect for other College functions.
Individual students may not play amplified music, live or recorded, or engage in musical performances on-campus unless part of an approved event sponsored by Student Involvement, a student club or student organization.
Groups that reserve tables may not use sound or music without prior approval.

College Operating Hours, Closures and Blackout Periods

Operating Hours: Events are only permissible during normal operating hours of a campus and may not be scheduled overnight (between the hours of 10:00PM and 8:00AM) or times when a campus is closed. Exemptions may be made to Student Involvement, student club, or student organization events with advanced approval by the Director of Student Involvement in consultation with the Director of Security or their respective designees.

Inclement Weather or College Closings: Inclement weather or other emergency situations may require parts or all of the college to close out of public safety concerns. During these circumstances, all college events at affected locations will be cancelled. Event organizers are expected to make proper notification to their attendees announcing the cancellation/postponement of the event.

Black Out Periods: The College has identified certain days on the College’s calendar where the use of the campus and its facilities, including outdoor spaces, are reserved exclusively for College related activities at the very core of its educational mission periods. These days, known as Blackout Periods, include the following:

During New Student Orientation Sessions.
During major recruitment events, including, but not limited to: Accepted Students Day and Open Houses.
During reading periods and examination periods as set forth on the then current academic calendar.
During graduation-related activities and events, including completion ceremonies and commencement.

Exemptions may be made for student events or athletic competitions with advanced approval by the Director of Student Involvement or Director of Athletics in consultation with the Director of Security or their designees.

Prohibited Activities at College Sponsored Events

The following activities are prohibited at all SUNY WCC events:

Activity listed under Prohibited Conduct in the SUNY WCC Rules for the Maintenance of Public Order policy;
Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other college area that is not authorized, without permission;
Occupation of a building after it is normally closed;
Obstruction of any roadways running through or adjoining the campus grounds;
Activities determined by Authorized Persons to pose a safety risk or to potentially disrupt College business; and
Activities specifically prohibited by College policies, rules and regulations.

Speakers and Topics

SUNY WCC, as a public institution, encourages the exchange of ideas and opinions and serves as a forum for the public expression of views. Some of the expressions may be counter to commonly held or popular values, theories, and beliefs. SUNY WCC has a special obligation to protect the First Amendment rights of free speech. Community members must recognize that the presentation of a balanced program of speakers and topics is essential for a true and exhaustive analysis of critical issues. While some may support certain tenets, the opportunity to hear opposing views is vital if an informed student body and campus community is to result.

Student clubs and organizations are free to invite speakers to the campus to speak on any topic chosen by the students. College facilities may be utilized for speakers invited to campus by a student club or organization. Student clubs and organizations must follow the policies and procedures outlined in the Student Club and Organization Policies and Procedures Manual when inviting speakers to a SUNY WCC campus.

Speakers invited to campus by student clubs and organizations and other speakers who may be legitimately present on campus, will be given the utmost protection to communicate their messages without disruptive harassment or interference. Opponents to those speakers enjoy the same protections for expressing their dissent. All members of the College community share the duty to support, protect, and extend the commitment to the principle of freedom of expression, and to discuss this commitment with groups or individuals who seek to take part in the community. While all persons may seek to peacefully discourage speech that may be unnecessarily offensive to individuals or groups, speech that may be antithetical to the College’s values, those persons must support the legal right of free speech.

Students have a responsibility to conduct themselves appropriately and within the requirements of the Student Code of Conduct and other college policies. Students whose conduct disrupts authorized events will be required to leave the event and will be subject to disciplinary action. Organizers should work to ensure that prohibited conduct does not take place at their program and ensure the group maintains the SUNY WCC Rules for the Maintenance of Public Order.

The College maintains the right to deny use of facilities for speakers when there is evidence that serious disruption and/or threat to welfare could result.

Student Demonstrations, Picketing and Assembly Information

The College’s Freedom of Expression Statement details SUNY WCC’s commitment to open, free, and thoughtful expression. In addition, the College has rules and regulations designed to prevent substantial disruption of educational activities, protect lawful access to campus programs and facilities, avoid unsafe behavior, and prevent the destruction of property. Their application does not vary according to the cause or content of a particular demonstration, assembly, speech, or other form of expression, and the rules and regulations are designed to enable opportunity for expressive activity. These rules are outlined in the SUNY WCC Rules for the Maintenance of Public Order.

The College will not interfere with orderly demonstrations, picketing, assemblies, or other free speech activities organized by students and/or student clubs or organizations on campus property in public areas of grounds and buildings unless participants:

Violate provisions of the College Events Policy or other College policies and procedures
Violate the provisions of SUNY WCC Rules for the Maintenance of Public Order, which includes, but is not limited to the following prohibited conduct:
- deliberately disrupt or prevent the peaceful and orderly conduct of College functions or activities, such as classes, lectures, meetings, interviews, ceremonies, and other public events.
- obstruct the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors. If a protest area is established by a College official(s), protesters are required to comply with these physical boundaries.
- willfully cause physical injury to another person, or threaten to do so
- willfully damage or destroy property of the campus or property under its care.
Jeopardize the safety and security of others, including, but not limited to, the presence of sticks, poles, or torches, which are prohibited.
- Utilize picket signs inside College facilities.
Willfully operate audio amplification equipment.
Construct structures, inclusive of objects requiring penetration in concrete or grass, or camp on campus (see Camping on Campus above for more information.)

Assemblies lasting more than one day, duration not to exceed 12 hours in a one-day period, and assemblies between the hours of 10:00PM and 8:00AM are prohibited.

SUNY WCC designates the Student Center Patio as a public area for the purpose of peaceful and orderly assemblies.

All individuals participating in protests and demonstrations are required to provide a form of College issued or government issued identification upon request from a College official.

Student organizers should give reasonable advance notice to the College, through the Department of Student Involvement, of any planned campus assembly, picketing or demonstration, its proposed locale, and intended purpose. Following College procedure will ensure a safe and effective assembly activity. The College will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized College business, activities, or events.

To ensure the safety of participants and the protection of the rights of all community members, the College may provide services to registered student clubs and organizations through the Department of Student Involvement such as: location, implement crowd control, site preparation, and/or other such services (“Services”) following the normal event registration procedures detailed in the Club and Organization Policies and Procedures.

Student assemblies requiring no Services, or for which the need for Services is not reasonably foreseeable or necessary as described above, may take place without any prior notification by the sponsors and/or organizers. However, conformity with the specific campus rules noted above is required. Organizers who are unsure of whether their planned assembly requires Services are encouraged to contact the Department of Student Involvement for guidance. Event organizers who do not request necessary services that were reasonably foreseeable as being needed may be subject to discipline.

Individuals and/or groups not associated with the college (i.e. third parties) should refer to the Use of Facilities by Third Parties for Free Speech Policy for such related activities.

Penalties

If a trespasser or visitor without specific license or invitation, be subject to ejection.
if a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, or warning as determined per policies and procedures in the Student Code of Conduct.
If an employee, be subject to disciplinary action per the appropriate collective bargaining agreement or College Policy.
If a licensee or invitee, have their authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of their failure or refusal to do so, they shall be subject to ejection.

Failure to abide by these regulations may also affect a group or individual’s ability to utilize campus facilities for future events.

2.12 Rules for the Maintenance of Public Order

This policy outlines the rules for the maintenance of public order (including prohibited conduct), applicability and statements regarding freedom of speech, assembly, picketing and demonstrations on campuses. Campus procedures and penalties for the violation of the rules and enforcement procedures are prescribed. Nothing herein is intended, nor shall be construed, to limit or restrict the freedom of speech nor peaceful assembly. For more information on SUNY WCC’s commitment to open, free, and thoughtful expression, please refer to the College’s Freedom of Expression Statement.

Applicability of the Rules

The rules and regulations contained in this policy govern the conduct of students, faculty, all other staff, licensees, invitees and all other persons, whether or not their presence is authorized, upon all SUNY WCC property. They also apply to the same individuals with respect to any other premises or property, under the control of the College, and that are used in teaching, research, administrative service, cultural, recreational, athletic or other programs and activities.

Prohibited Conduct

No person either singly or in concert with others shall:

cause physical injury to another person, nor threaten to do so;
restrain or detain any other person;
remove anyone from any place where they is authorized to remain;
willfully damage or destroy property of the campus or property under its care;
remove property of the campus or property under its care;
use campus property or property in the campus’s care without authorization;
enter into any private office of an administrator, member of the faculty or staff member without implied or explicit permission;
enter into and remain in any campus building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use;
remain in any building or facility after it is closed without authorization;
refuse to leave a campus building or facility after being required to do so by an authorized administrator;
obstruct the free movement of people and vehicles in any place to which these rules apply;
deliberately disrupt or prevent the peaceful and orderly conduct of classes, lecture and meetings;
deliberately disrupt or prevent the freedom of any person to express his or her views, including invited speakers;
knowingly have in his or her possession upon the premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the president whether or not a license to possess the weapon has been issued to the person;
willfully incite others to commit any of the acts prohibited in this section with the specific intent to procure them to do so; or
take any action, create or participate in the creation of any situation, which recklessly or intentionally endangers the mental or physical health of anyone or involves the forced consumption of liquor or drugs for the initiation into or affiliation with any organization.

Freedom Of Speech And Assembly; Picketing And Demonstrations

No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of their views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section. For more information on SUNY WCC’s commitment to open, free, and thoughtful expression, please refer to the College’s Freedom of Expression Statement.

Penalties

A person who violates any of the provisions of these rules shall:

If a licensee or invitee, have their authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of their failure or refusal to do so, they shall be subject to ejection.
If a trespasser or visitor without specific license or invitation, be subject to ejection.
If a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, or warning as determined per policies and procedures in the Student Code of Conduct.
If a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
If a staff member in the classified service of the civil service, described in Section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
If a staff member other than one described in paragraphs (4) and (5), be subject to dismissal, suspension without pay or censure.
- Any disciplinary action will be taken in accordance with the appropriate collective bargaining agreement, Code of Conduct and/or College Policies.

Procedures for Violations

In the case of a third party, the Director of Security or their designee shall inform any licensee or invitee who shall violate any provisions of these rules that their license or invitation is withdrawn and shall direct them to leave the campus or other property of the institution. In the event of their failure or refusal to do so, the officer shall cause their ejection from the campus or property. Nothing in this paragraph shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect their liability to prosecution for trespassing or loitering as prescribed in the Penal Law.
In the case of a student, they will be subject to disciplinary proceedings per the Student Code of Conduct.
In the case of a faculty member having a continuing or term of appointment, charges of misconduct in violation of these rules shall be made, heard and determined in accordance with the policies of Westchester Community College.
In the case of any staff member who holds a position in the classified civil service, described in Section 75 of the Civil Service Law, charges of misconduct in violation of these rules shall be made, heard, and determined as prescribed in that section.
In other faculty or staff member who shall violate any provision of these rules shall be dismissed, suspended or censured by the appointing authority.
In disciplinary action will be taken in accordance with the appropriate collective bargaining agreement, Code of Conduct and/or College Policies.

Enforcement

The Director of Security shall be responsible for the enforcement of these rules and they shall designate other designees who are authorized to take action in accordance with these rules when required or appropriate to carry them into effect. It is not intended by any provisions herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the institution.

In the case of any apparent violation of these rules by such persons, which, in the judgment of the Director of Security or their designee, does not pose any immediate threat of injury to person or property, the Director of Security or their designee may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, the Director of Security or their designee shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules.

In any case where the violation of these rules does not cease after such warning and in other cases of willful violation of these rules, the Director of Security or their designee shall cause the ejection of the violator from any premises which they occupy in such violation and shall initiate disciplinary action as herein before provided.

The Director of Security or their designee may apply to the public authorities for any aid which they deem necessary in causing the ejection of any violator of these rules and they may request the College Counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violations of these rules.

2.13 Student Complaint Resolutions

Approval: SUNY WCC Cabinet, January 2025

SUNY Westchester Community College values the health, safety, and well-being of its members, seeks to uphold the integrity of our academic pursuits, upholds the rights of others, and ensures community members are living up to their responsibilities. All concerns, complaints, and reports are treated with sensitivity and seriousness.

SUNY WCC encourages all community members to work together to understand and address concerns without having to resort to formal grievance or complaint procedures. Prior to engaging the processes outlined below, students should have already made every effort to resolve their question or situation with the department(s) or person(s) involved. However, when that is not possible, SUNY WCC has established this student complaint process to allow students to identify problems which need to be evaluated, referred, and addressed in a fair, equitable and timely manner in accordance with the College’s policies and procedures. Additionally, tracking student complaints will allow the College to monitor the quality of services provided in accordance with accreditation standards.

Definitions

Complaint: A claim that:
- College policy or an applicable law has been violated;
- The complaining individual has been impacted by that violation or the complaining individual is the College itself (e.g., Campus Safety and Security, Human Resources) acting to address concerns that College policy has been violated resulting in harm to a specific individual(s) or the College community as a whole;
- The accused individual is a student or employee of the College; and,
- The violation occurred on College owned, operated, or controlled property or at any location affecting the mission of the College and/or the well-being of the College community.
Vice President of Student Affairs: The College’s Chief Student Affairs Officer or their designee.

Complaints Not Covered by This Procedure

Complaints regarding course management that cannot be resolved informally between the student and the faculty member. The grievance process for these disputes is found at: Academic Complaint Policy.
Appealing a Final Grade. The process to appeal a final grade is found at: Appealing a Final Grade.
Complaints regarding Accessibility Services Guidelines and Procedures. Complaints can be filed using the Americans with Disability Act and Section 504 Rehabilitation Act of 1973 Complaints Complaint Form
Complaints of discrimination based on sex, sexual violence or sexual misconduct. The College has a Title IX Grievance Policy and a Sexual Violence Response Policy to address complaints of this nature.
Complaints of Bias or Hate Crimes. The College has a Bias or Hate Crime Incident Response Policy to address complaints of this nature.
Complaints about student conduct/behavior. The College has a Student Code of Conduct to address complaints of this nature.
Appeals to charges of tuition or fees. The College has a Refund Policy to address appeals of this nature.
Other established complaint/grievance processes, procedures, or policies.

Informal Complaint Resolution

Prior to filing a formal complaint against a college department or employee, students are encouraged to attempt a good-faith resolution of the complaint. This attempt may be made with the party directly involved with the disputed matter, or with the supervisor/manager of the department in which the grievance arises.
An individual may choose to bypass the informal complaint resolution process and go directly to the formal complaint resolution stage described below.

Formal Complaint Resolution

Other than student complaints which may be resolved informally (see, Section II, above), a student may file a formal complaint. A formal student complaint must:
1. Be of sufficient substance
2. Not be a grievance for which a defined policy or process is provided
3. Be in writing
4. filed electronically using the Student Complaint Form or submitted to the Office of the Vice President for Student Affairs.
The complaint should include the following:
1. Name, student ID number, address, and phone number of the person making the complaint;
2. Identification of the office or individual against whom the complaint is brought;
3. A description of the specific College action or individual behavior resulting in this complaint;
4. The date or period of time in which the behavior occurred and the location of the incident; and
5. A listing of all individuals who witnessed any part of the incident in dispute.
The Vice President for Student Affairs determines whether a complaint meets the definitions set forth in this document and is of sufficient substance to be investigated.
The Vice President for Student Affairs will forward such complaints to the respective department manager/supervisor for investigation and resolution.
If the respective department manager/supervisor determines that no other complaint resolution process is available for this subject matter of the complaint, they will take all necessary steps to bring the complaint to resolution in a reasonable time period.
The respective department managers/supervisors will be responsible to track, document and resolve such complaints.
The respective department manager/supervisor communicates the resolution, in writing, to the individual who filed the complaint.
The respective department managers/supervisors shall provide a report of the resolution to the Office of the Vice President for Student Affairs for record keeping.
Complaint records are retained for six (6) years after resolution of the complaint

2.14 Electronic Communication Policy

SUNY WCC uses the MyWCC email account (@my.sunywcc.edu) for all official communications with students. A student is responsible for knowing and adhering to all information sent to them via their MyWCC email. It is essential a student check their emails daily, to ensure they are up to date on all college happenings, deadlines, requirements, etc. More information about accessing email can be found on the Student Email (Office 365) page on the SUNY WCC website.

2.15 Access to Medication Abortion Policy

On May 2, 2023, legislation was signed in New York State (A1295-C/S1213-B) that requires all public colleges and universities in the SUNY and CUNY systems offer access to medication abortion. The law requires that every SUNY and CUNY campus provide access to abortion medication to their student body either by employing or contracting with authorized individuals who may prescribe abortion prescription drugs, or by providing students with information and referrals to providers authorized to prescribe abortion medication.

The Health Services website will maintain a list of community agencies and/or providers authorized to prescribe abortion medication.

2.16 CARE Team – Mandated Assessment Policy

The Community Assessment & Risk Evaluation (CARE) Team is a cross-functional committee of faculty, staff and administrators who identify, assess and mitigate risks associated with students exhibiting concerning behavior or thoughts.

The CARE Team works toward early identification and assessment of behavior that may put the well-being of the individual or the greater community at risk. While there is no single set of warning signs that will reliably predict harm or campus violence, the CARE Team conducts a comprehensive assessment to look for behavioral evidence that someone is planning or preparing to act out inappropriately or carry out some type of threat, and if appropriate, will intervene.

As part of its overall approach to prevention and intervention, the CARE Team can mandate a student to complete psychological, threat, and/or violence risk assessments. These types of assessments typically require an in-person interview in which the assessor uses an objective assessment tool designed to further determine a person’s functioning and explore the context of the concerning behavior. The results of a mandated assessment can provide insight into how the CARE Team can provide support or resources that improve the person’s success on campus and/or that increases the safety of the individual and/or the community. These assessments can also offer essential consultation to any decision-makers at the institution to determine an individual’s level of risk for potential, actionable violence.

A student who is mandated to complete a psychological, threat, and/or violence risk assessment and fails to complete the required assessment(s) in accordance with identified standards, procedures and reasonable timelines set by the College will be referred for disciplinary action under the Student Code of Student Conduct.

Procedures

Students will be notified in writing regarding the requirements for the mandated assessment. This written notice will include the: (1) required credentials for the assessor; (2) the required type of assessment; (3) the expected documents to be submitted as a result of the assessment; and (4) the timeline for completing the assessment.

The College will provide an assessor to conduct the required assessment; however, the College may allow the student to choose an alternative assessor who meets criteria established in the written notice sent to a student.

Additionally, as part of the assessment, the student may be asked to sign a mutual release of information allowing the exchange of information between the College and the assessor. This release will allow the College to share pertinent information from the student’s education record that would enhance the assessor’s ability to conduct a thorough assessment (incident reports, behavioral intervention team referrals and notes, etc.). The release will also allow the assessor to provide the results of the assessment to the College.

The evaluation must be completed per the direction of the referral letter including meeting the deadlines set forth and submitting the appropriate paperwork, unless a Co-Chair of the Community Assessment & Risk Evaluation (CARE) Team grants an exception.

2.17 Identification Card Policy

SUNY Westchester Community College issues identification cards (ID card) to students at its campuses and requires all students to carry a valid SUNY WCC identification card to ensure the safety of students and the entire campus community.

A SUNY WCC ID card must be presented or surrendered upon request of a duly authorized college official, including but not limited to Campus Security, Student Affairs staff, and students, contractors, or other staff authorized by the college to supervise campus events, activities, and buildings. Individuals may be required to reveal their faces to confirm identity when needed to maintain campus safety or security. Upon request, students must show all identifying information shown on the card and/or surrender the card to the requesting official.

Intentional refusal to present or surrender a student identification card upon request by a college official; alteration or falsification of data on an identification card; creation and/or distribution of falsified identification cards; using an identification card to impersonate others; or refusal to reveal one’s face to confirm identity are violations of this policy and may result in disciplinary action through the Student Code of Conduct.

Procedures

It is the student’s responsibility to replace their SUNY WCC ID card if it is confiscated, stolen, lost, bent, broken, or worn beyond the point of readability by college officials and/or card readers used by the college. Replacement cards may be obtained in the Security Office (Student Center 118), in accordance with posted fees.

SUNY WCC ID cards are provided for appropriate identification use and access to buildings and services. The cards are not transferrable and are valid as long as the holder continues their specific affiliation with the campus. A campus identification card is to be used only by the person to whom it is issued. Lost or stolen cards should be reported immediately to the Security Office.

The Faculty Student Association and the college are not liable for any charges or other damages incurred SUNY WCC ID card is lost and used by another.

2.18 Prohibition on Marketing of Credit Cards to Students

Pursuant to state law, SUNY Westchester Community College prohibits the advertising, marketing, or merchandising of credit cards on any college property.

2.19 Emergency Contact Notification Policy

When a current registered student is known to have been involved in an emergency [as determined by the College] on property owned or controlled by the College, the college will attempt to notify the student’s specified emergency contact in a timely manner. In cases where such specific information is unavailable, other sources may be utilized to notify a contact. If non-directory information is needed to resolve an emergency, the college may release that information if it is determined “necessary to protect the health or safety of the student or other individuals.” The College may disclose known information without student consent in order to communicate the student’s location, and how communication with the student might be achieved.

2.20 Skateboarding, Skating & Bicycling

In an effort to balance the College’s concern for community safety and the ability to use recreational modes of transportation, including bicycles, skates (including roller-skates and in-line skates), and skateboards on campus, the college has issued the following policy:

All individuals using bicycles, skates, and skateboards are expected to use the equipment in a manner which is appropriate, considerate of safety of others and of college property. Individuals who use the equipment recklessly or without care of others’ safety and college property will be confronted, documented, and addressed through the college’s disciplinary systems.
Individuals are prohibited from engaging in tricks (sliding, grinding, jumps, etc.) anywhere on college grounds which involve any college property (i.e., stairs, steps, railing, benches, entrances to buildings). Loitering or “sessioning” in these areas for the purpose of attempting tricks or stunts is strictly prohibited and will be confronted and dealt with through the college’s disciplinary systems.
Furthermore, the use of bicycles, skates, and skateboards inside of any campus building is strictly prohibited. Bicycles should not be brought into the buildings. Skateboards must be picked up and carried when within campus buildings. Skates must be removed before entering campus buildings.
The campus should be maintained as a safe and beautiful environment for everyone. Reckless behavior which endangers individuals and property should not be undertaken. It should be noted that the use of these items, in themselves, involves an assumption of personal risk. Persons who use them are personally liable for their actions.
The College prohibits the storage, charging, and use of personal electric transportation devices, including but not limited: electric scooters (e-scooters), electric bicycles (e-bikes), Segways, electric unicycles, hoverboards, electric skateboards and any other lithium-ion battery operated instrument of transportation in any buildings.
For students who may require use of lithium-ion battery powered device as part of an approved accommodation, they should contact the Office of Accessibility Resources.

2.21 Policy on Nondiscrimination On The Basis Of Disability

Section 504 of the Rehabilitation Act 1973, the ADA of 1990 and the ADAAA of 2008 provides that “no otherwise qualified disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance” (29 USC 706).

Regulations implementing Section 504 establish standards for employment practice, accessibility of facilities and education programs with which institutions receiving federal funds must comply (34 CFR Part 104).

In accordance with these regulations, SUNY Westchester Community College has made changes in physical facilities in order to provide access for students with disabilities. In addition, SUNY Westchester Community College provides program accessibility through modifications, adjustments and the provision of auxiliary aids.

The University-wide Affirmative Action Office.is responsible for the coordination of the University’s compliance with Section 504 and the implementation of regulations. Questions concerning the University’s policy should be directed to SUNY’s Affirmative Action Officer Jennie Marie Durán, Affirmative Action Office, SUNY, State University Plaza, Albany, New York 12246. Telephone: 518-443-5139.

Current laws, such as the new Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, mandate that, SUNY Westchester Community College provides equal physical and programmatic access to otherwise qualified disabled individuals.

The goal at SUNY Westchester Community College is to provide quality service and education to otherwise qualified students with disabilities. To do this, the active help and support of the faculty is needed. The awareness, sensitivity, quality instruction, and support that instructors provide are an integral part of the success of students with disabilities at SUNY Westchester Community College.

Section 504 & Americans with Disabilities Act Complaint Policy

In accordance with federal regulations, the New York State Human Rights Law and Section 504 Rehabilitation Act of 1973, SUNY Westchester Community College does not discriminate on the basis of disability in educational programs, activities and employment. Section 504 and ADA state, in part, that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” SUNY WCC has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by federal regulations implementing section 504 of the Rehabilitation Act of 1973, as attended, and the Americans with Disabilities Act of 1990 (ADA).

A student who wishes to file a grievance about a faculty member, a staff member, or another student regarding alleged discrimination based on disability, must register a complaint with the ADA Coordinator in writing. This formal grievance must be filed within thirty (30) working days following the alleged discriminatory act, or when the complainant first becomes aware of the alleged act. All such grievances should be submitted to the College’s ADA Coordinator using the Americans with Disability Act & Section 504 Rehabilitation Act of 1973 Complaints Complaint Form.

Procedures

A grievance should be filed in writing, with the name and address of the person filing it. All grievances should be submitted using the Americans with Disability Act & Section 504 Rehabilitation Act of 1973 Complaints Complaint Form.
Grievances should include a brief description of the alleged violation of the regulations.
A grievance should be filed within 30 days after the complainant becomes aware of the alleged violation.
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation shall be conducted by the ADA Coordinator. These rules contemplate through investigations affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 60 working days after its filing.
The ADA coordinator shall maintain files relating to the complaints filed.
The right of a person to a prompt and equitable resolution of the complaint filed here under shall not be impaired by the person’s pursuit of other remedies such as filing of a section 504/ADA complaint with the responsible federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards.