Ulster County Community College maintains that education includes not only the acquisition of academic knowledge but also the development of responsible citizenship. It is believed, consequently, that the student has the right and concurrent responsibility of participation in decisions regarding the setting of standards for student conduct. The standards of conduct, established jointly by the College Student Government Organization, Faculty Organization, and the Board of Trustees, shall recognize that the student has the right of free expression and inquiry.
Regulations, laws, bylaws, policies, and administrative codes contained within the College Catalog, the Handbook for Professional Staff, Student Handbook, Board of Trustees Policies, and collective bargaining contracts define the standards for student conduct and student rights and responsibilities.
Student conduct must assume that each student is aware that student rights are contingent upon conduct which is lawful and which sustains the orderly function of the College as an educational institution.
The following actions or conduct are prohibited:
DEFINITIONS OF PROHIBITED CONDUCT
This section excerpts portions of the following Board of Trustees Policies (3.9 Alcohol and Drug Free Workplace Policy/ 3.15 Alcohol and Drug Policy (DFSCA). Also see Board of Trustees Policies: 6.3.4 Statement on Drugs, 6.3.5. Revision of Alcoholic And Drug-Free Workplace Policy and 6.3.7. Maintenance of Order)
The possession and consumption of alcohol is not permitted on campus.
Possession and consumption of alcohol during off-campus College-sponsored activities may be permitted when the function is held at a facility duly licensed to serve alcoholic beverages and said facility controls the dispensation of any alcoholic beverages.
Students and employees who are 21 years of age or older may consume alcohol at such events.
Any forced consumption of alcohol for the purpose of initiation into or affiliation with any organization is strictly prohibited. The College reserves the right to sanction employees and students who violate the State law and either of the following College prohibitions:
Students and employees found in violation of the College Alcohol Beverage Policy will be subject to disciplinary action, which could include disciplinary probation, suspension, or dismissal from the College.
When a student is placed on disciplinary probation for an alcohol offense, the College reserves the right to notify parent(s)/legal guardian(s) about the disciplinary status consistent with the provisions of the Family Educational Rights and Privacy Act.
The College reserves the right to alert civil authorities to problems on or off campus. Concerns likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community.
SUNY Ulster supports the New York State laws concerning drinking and accepts the responsibility to inform students and employees of their obligation to obey these laws. The College offers no protection for violators of these laws. New York law provides that it is unlawful for anyone under the age of 21 to possess, consume, purchase, attempt to purchase, or transport alcoholic beverages. State law further provides that it is unlawful to furnish alcoholic beverages to anyone under the age of 21.
The sale, production, and/or distribution of, as well as attempt and conspiracy to sell, produce, and/or distribute cocaine and its derivatives, marijuana, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances on College property will result in disciplinary action. Use or possession of cocaine and its derivatives, barbiturates, amphetamines, hallucinogens, or other addictive or illegal substances will result in disciplinary action. Use or possession of marijuana will result in disciplinary action. Second offenses may result in expulsion from the College.
Additionally, State and Federal Trafficking Penalties can result in fines and/or incarceration. When a student is sanctioned for a drug-related offense, the College reserves the right to notify a parent or legal guardian about the student's disciplinary status, consistent with the provisions of the Family Education Rights and Privacy Act (FERPA).
SUNYULSTER recognizes drug abuse not only as a safety and security problem, but as an illness and serious health problem. The College offers counseling and support services as well as referral to agencies and organizations through Student Services. Student and employee education and information are available through Health Services. Drug Free Schools and Communities Act (DFSCA) Policy
SUNY Ulster is in compliance with the Drug Free Schools and Communities Act (DFSCA), which requires colleges and universities to adopt and enforce policies that include sanctions for illegal alcohol and other drug use and to provide students and employees with appropriate information and services to back up those policies. SUNY Ulster maintains a written policy that sets forth standards of conduct clearly prohibiting the unlawful possession, use, or distribution of alcohol or illicit drugs on College property or as part of any College activity. This policy clearly states that sanctions apply to employee and student acts committed while under the influence, such as public disturbances, endangerment to self or others, or property damage.
An exception to these policies is the legitimate use of drugs and/or alcohol as part of the curriculum of the Police Basic Training program.
This section excerpts portions of the following Board of Trustees Policies (4.12 Harassment and Assault Policy). Also see Board of Trustees Policies: 6.3.7. Maintenance of Order/4.18 Sexual Misconduct /4.19 Policy on Sexual Violence Prevention and Response.
Although any act of assault constitutes a criminal act and although any act of assault is prohibited by the College's policy on Maintenance of Order, with this policy the College affirms its commitment to prevention of assault on campus, particularly sexual assault or bias-related assault, and confirms its commitment to making its students and employees aware of the legal consequences of such acts. Within this policy, sexual assault is used as a general term to encompass acts that would constitute sexual crimes, offenses, or violations under the New York State Penal Law.
Any assault or act of violence should be reported immediately to Campus Public Safety. Campus Public Safety is trained and equipped to handle such situations, or may contact the appropriate law enforcement agency for assistance. They will also notify the appropriate College authorities and obtain the assistance of College Health Services and counseling services for the victim.
Assault also includes:
Taking any action or create or participate in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into, or affiliation with, any organization.
Causing physical injury to any person, or threatening to do so for the purpose of compelling or inducing such other person to refrain from any action that he or she has a lawful right to do or to do any act that he or she has a lawful act not to do.
- Physically restraining or detaining any other person or removing such person from any place where the person is authorized to remain.
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. Persons who do not have the capacity to understand the act, its nature and possible consequences of the act can never give affirmative consent.
In general, a hate crime is a crime of violence, property damage or threat that is motivated in whole or in part by an offender’s bias on race, religion, ethnicity, national origin, gender, gender- identity disability or sexual orientation. All bias and hate crimes are condemned by SUNY Ulster.
Bias and Hate crimes include but are not limited to: physical attacks, vandalism, jokes, harassing or threatening phone calls or emails and also include the expressed or demonstrated intent to commit such a crime.
Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.
If you are a victim of, or witness a hate/bias crime on the SUNY Ulster camps, report it to The Office of Public Safety and Security.
This section excerpts portions of the following Board of Trustees Policy (3.20 Anti-Bullying Policy).
Bullying can foster a climate of fear and disrespect, which seriously impairs the physical and psychological health of its victims and creates conditions that negatively affect any learning and working environment. SUNY Ulster is committed to maintaining high standards for behavior where every member of the College community conducts themselves in a manner that demonstrates proper regard for the rights and welfare of others. Therefore, this Anti-Bullying Policy seeks to educate the College community about bullying, and to promote civility and respect among all its members, including the College's trustees, administration, faculty, staff, students, contractors, consultants and vendors.
DEFINITION Bullying is defined as the aggressive and hostile acts of an individual or group of individuals that are intended to humiliate, mentally or physically injure or intimidate, and/or control another individual or group of individuals. Such aggressive and hostile acts can occur as a single, severe incident or repeated incidents, and may manifest in the following forms:
PROCEDURES FOR REPORTING BULLYING
DISCIPLINARY ACTION Violations of this policy shall be considered misconduct, and violators will be subject to disciplinary action in accordance with College policy, the applicable collective bargaining agreements, and the Student Code of Conduct and Student Conduct Process.
EDUCATION/PREVENTION This policy shall be disseminated through inclusion in the Faculty Handbook and in other employee materials, the Student Handbook, College Catalog, on the College’s website and through periodic training sessions to the campus community.
The misuse of cell phones or other electronic devices in a manner that disrupts the classroom, library, or any Campus facility is prohibited. This includes but is not limited to storing information for exams, searching for information to cheat on exams, and photographing individuals on campus without their consent. Please also see any course guidelines for cell phone usage as outlined in the course syllabus.
Disruption is to deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express his or her views, including invited speakers. Disruption includes abusive language and harassing expressions.
Violations of this policy include:
Willfully inciting others to commit any of the acts herein prohibited with specific intent to procure them to do so.
Refusing to obtain an I.D card or failing to present an I.D card upon request to any security officer or faculty or staff member.
Displaying any inflammatory signs, posters, banners, literature, material or clothing that encourages or promotes actions prohibited under campus regulations.
Also see Board of Trustees Policies: 4.18 Sexual Misconduct /4.19 Policy on Sexual Violence Prevention and Response.
Domestic violence is violence or abuse by a person in an intimate relationship with another and includes felony and misdemeanor crimes committed against a current or former spouse; by a person whom the victim shares a child with or by a person the victim has or is living with.
Dating violence relates to an act committed by a person who is or has been in a relationship of a romantic or intimate nature the victim and considers the length of relationship, type of relationship and frequency of interaction. Both Domestic and Dating violence include but is not limited too physical, mental, emotional, verbal, non-verbal and written.Amendments to the New York State Education law requiring all colleges to provide information and guidance to incoming students became effective in April 2009. Amendment 6431 requires the establishment of an advisory committee on campus security. Amendment 6432 requires colleges to inform incoming students about sexual assault, domestic violence and stalking prevention measures on campus. SUNY Ulster is in full compliance with these requirements.
No individual shall willfully make any false accusation regarding a policy violation or any federal, state or local law violation. Individuals who make reports in good faith will not be penalized. With this, no individual shall falsify information related to the reporting of fire alarms, bomb scares, threat of fire, explosion or any other emergency. False reporting of any incident on Campus premises is prohibited. Individuals may not tamper with or use without authorization any fire safety equipment such as extinguishers, smoke detectors, alarm pull stations or emergency exits including activating a false alarm, failing to evacuate at the instruction of a College official or attempting to re-enter a building without the permission of the proper authorities.
Also see Board of Trustees Policy: 6.3.7. Maintenance of Order.
Possession by anyone upon any premises to which the College's rules apply, of any rifle, shotgun, pistol, revolver, or any other weapon, device, or knife, as defined in New York State Penal Law Section 265.00, as it may be amended from time to time, or any successor statute, any air-gun, spring-gun, or other instrument or weapon in which the propelling force is a spring, air, piston, or carbon dioxide cartridge without the written authorization of the Chief Administrative Officer, or his or her designee, whether or not a license to possess the same has been issued to such person, is strictly prohibited. Nothing herein shall prohibit such possession within the course of employment of employees of the Ulster County Sheriff's Department, New York State Police, or a federal, State, or local law enforcement agency nor any peace officer as defined in New York State Criminal Procedure Law.
Gambling, which consists of a person staking or risking something of value upon the outcome of a contest is expressly forbidden at the College. Any gambling, either actual or apparent, will not be permitted.
Also see Board of Trustees Policy: 6.3.7. Maintenance of Order.
Hazing is defined as any act that endangers the mental, emotional or physical health or safety of a student, or that destroys or removes public or private property, including the forced consumption of alcohol or drugs, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene or prevent, failing to discourage and failing to report any act of hazing also violates the Anti- Hazing Policy.
Violation of the Anti- Hazing Policy will result in judicial hearings and the sanctions may include expulsion or suspension. Please see the full judicial process for more information on sanctions. Any violator may also be subject to New York State Penal Law in addition to the college disciplinary proceedings.
Obstructing the free movement of persons and vehicles in any place to which these rules apply is strictly prohibited.
Property damage violations include willfully damaging, destroying, defacing or tampering with property of the College or any property under the jurisdiction of the college. Damage also includes removal or use of property without authorization and littering.
Self- propelled vehicles including skateboards, roller blades, roller skates, drones, hover boards, bicycles, scooters and other wheeled devices are not permitted inside any college building or on athletic courts. Additionally, these devices should not be used on railings, curbs, benches, stairs, or any fixed feature that may be damaged by these devices. Any individual who causes damage to college property will be liable. The college reserves the right to determine appropriate use of self-propelled vehicles and can use its discretion. Self-propelled does not include manual or motorized wheel chairs or other medical devices used by mobility impaired individuals.
It is the policy of SUNY Ulster to promote a cooperative work and academic environment in which there exists mutual respect for all College students, faculty, and staff. Harassment of employees or students based upon sex is inconsistent with this objective and contrary to the College policy of equal employment and academic opportunity. Sexual harassment is illegal under federal, State, and local laws, and will not be tolerated within the College.
It is a violation of College policy for any member of the College community to engage in sexual harassment or to retaliate against any member of the College community acting in good faith for raising an allegation of sexual harassment, for filing a complaint alleging sexual harassment, or for participating in any proceeding to determine if sexual harassment has occurred.
Sexual harassment can occur between individuals of different sexes or of the same sex. Although sexual harassment most often exploits a relationship between individuals of unequal power (such as between faculty/staff member and student, supervisor and employee, or tenured and untenured faculty members), it may also occur between individuals of equal power (such as between students or co-workers), or in some circumstances even where it appears that the harasser has less power than the individual harassed (for example, a student sexually harassing a faculty member). It may also occur between the College's faculty, staff, or students and third-party vendors. A lack of intent to harass may be relevant to, but will not be determinative of, whether sexual harassment has occurred.Sexual harassment may take different forms. Using a person's response to a request for sexual favors as a basis for an academic or employment decision is one form of sexual harassment. Examples of this type of sexual harassment (known as quid pro quo harassment) include, but are not limited to, the following:
Requesting or demanding sexual favors in exchange for employment or academic opportunities (such as hiring, promotions, grades, or recommendations);
Submitting unfair or inaccurate job or academic evaluations or grades, or denying training, promotion, or access to any other employment or academic opportunity because sexual advances have been rejected.
Other types of unwelcome conduct of a sexual nature can also constitute sexual harassment, if sufficiently severe or pervasive that the recipient does find, and a reasonable person would find, that an intimidating, hostile, or abusive work or academic environment has been created. Examples of this kind of sexual harassment (known as hostile environment harassment) include, but are not limited to, the following:
Sexual comments, teasing, or jokes;
Sexual slurs, demeaning epithets, derogatory statements, or other verbal abuse;
Graphic or sexually suggestive comments about an individual's attire or body;
Inquiries or discussions about sexual activities;
Pressure to accept social invitations, to meet privately, to date, or to have sexual relations;
Sexually suggestive letters or other written materials;
Sexual touching, brushing up against another in a sexual manner, graphic or sexually suggestive gestures, cornering, pinching, grabbing, kissing or fondling;
Sexual violence, which refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. While acts of sexual violence and sexual misconduct are violations of this policy such acts are subject to the procedure contained in Board Policies 4.18 and 4.19; and
Gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Isolated instances, e.g., a sexual overture, comment, or joke, ordinarily will not constitute sexual harassment unless the circumstances are egregious, nor does such sexual behavior constitute harassment if it is welcomed (i.e. voluntary and consensual).
Because of the sensitive nature of situations involving sexual harassment, the College will follow a flexible system for complaints to ensure the protection of the right to privacy of the complainant. Employees or students who believe they are being sexually harassed, and College officials, who receive reports of sexual harassment, should contact the Affirmative Action Officer. Detailed reporting procedures and methods of complaint resolution may be found on the College Portal. Nothing in the policy should be construed as in any way limiting students' or employees' rights to file a complaint with the New York State Division of Human Rights, the U.S. Department of Education Office for Civil Rights, or the U. S. Equal Employment Opportunity Commission, or to take any legal action which they may deem advisable.
This section excerpts portions of the following Board of Trustees Policy (3.8 No Smoking Policy).Smoking of cigarettes and other tobacco products including the use of chewing tobacco and personal vaporizers is prohibited campus wide, both inside and outside in accordance with Ulster County Local Law #9. The sale or distribution of smoking products on the campus is also prohibited. Students and College employees who fail to comply with this policy will be subject to appropriate disciplinary action.
This section excerpts portions of the following Board of Trustees Policy (3.24 Social Media Policy).SUNY Ulster recognizes the importance of social media to communicate ideas and share stories and encourages the appropriate use of social media in both personal and educational settings.
This social media policy governs all members of the SUNY Ulster community.Social Media Defined: For the purposes of this policy, Social Media is defined as a collective of digital communications channels that enable people or institutions to communicate via the Internet to share information, dialog and resources. Social media can include text, audio, video, images, podcasts, emails, blogs and other multimedia communications. This includes but is not limited to websites, and applications such as FaceBook, Twitter, Instagram, Tumblr, Snapchat, and YouTube. (See Board Policy 3.24 for a full listing of all examples of social media.)
Any activity through social media that violates a SUNY Ulster Policy will be subject to judicial procedures. Examples of violations include but is not limited to sending verbal threats which harm or cause reasonable apprehension of harm, sending messages that are malicious or that a reasonable person would find to be malicious; sending photos or videos of staff members or students without their expressed permission, distribution of inappropriate information and/or confidential correspondence, posting offensive/incriminating photos, blogs, websites or videos.
Taking and/or stealing property other than one’s own (student, faculty, staff, community member, college), or failing to return another’s property is prohibited. This includes theft of College services and use of another student’s identification number.
Unauthorized entry includes but is not limited too:
Students must further recognize that failure to display orderly and lawful conduct may result in disciplinary action which could include dismissal from the College. Possible disciplinary actions are outlined in the College's Maintenance of Order Statement. If disciplinary action is contemplated by the College, for any offense other than failure to meet required academic standards, the student shall be notified in advance of the specific charges in the case. The student shall then be entitled to a full and fair hearing, before an impartial college body. The hearing body shall then recommend action to the President or the President's designee.
Students are subject to the foregoing college policies at offcampus, college sponsored functions, as well as oncampus, unless said function is held at a facility duly licensed to serve alcoholic beverages and said facility controls the dispensation of any alcoholic beverages.If a student, as a private citizen, is accused of violating a public law, off campus, the student has the rights and responsibilities of a citizen and must accept the consequences of unlawful or disorderly actions. However, status as a student shall not in any way be jeopardized. If the accusation is so grave that, in the College's view, the student's presence on the campus might seriously endanger the college community, the College will conduct its own investigation and hearing, giving full recognition to the concept of due process.
The College will not be used as a sanctuary for those involved in illegal activities, and will cooperate with appropriate health and law enforcement agencies as they carry out their duties, to the extent permitted by law.