Note: The Policy Statements here are, in some cases, summaries of longer, more complex statements and procedures. For complete statements students are welcome to obtain full copies from the Office of the Vice President for Student Affairs.
Violations of any part of the policies named herein constitute grounds for campus disciplinary action under the Judicial System or under the grievance procedures guaranteed as rights to each person by the policy statement.
Please read each policy carefully.
Since there is no evidence that persons with AIDS or those who test positive for the HIV virus pose a risk to the general public through casual (non-sexual) contact, the College does not support mandated testing of any group or individual. Furthermore, the College takes a strong position that the civil rights of any person or group cannot be abridged without sufficient evidence that such action is necessary. Accordingly, the College does not discriminate against persons with AIDS.
Students have access to free, confidential, HIV testing at the Wellness Center. Anonymous HIV testing is available in Albany, call 1-800-962-5065.
The Director of Health and Counseling Services acts as the spokesperson for SUNY Cobleskill with regard to information about AIDS. A procedure for reviewing specific situations pertaining to students is in place under the jurisdiction of the Vice President for Student Affairs.
Students who are removed from campus for emergency medical evaluation and/or treatment are required to be processed through an administrative re-entry review. This process will be scheduled on the business day following the student’s discharge from medical care to consider the student’s requested return to the campus and will include the participation of the Assistant Vice President for Student Affairs or designee (and others, as deemed appropriate, for example: a counselor, the student’s Residence Hall Director/Complex Coordinator [if an on-campus student] Vice President for Student Affairs, UPD). The purpose of this review process will be to consider the request for re-entry, the circumstances for removal from campus, discharge referrals, treatment recommendations, and campus support services available to the student. The review process will determine if the student is fit to return to the academic and social rigors of a college environment. If the student is approved for re-entry, the campus’ expectations regarding student behavior and good citizenship following return to the campus will also be reviewed and must be agreed upon by the student. If the student is not approved for re-entry or if the student fails to participate in the administrative re-entry process, a recommendation will be made for an administrative withdrawal review and determination.
Students may be administratively withdrawn from the College if their behavior poses an appreciable risk of harm to the safety or well-being of the campus community, or others or for failure to participate in the disciplinary and/or administrative review process.
To determine whether to implement an administrative withdrawal, a Review/Hearing is conducted by the Vice President for Student Affairs or his designee based upon a report(s) by a member of the College's professional staff or faculty, and in consultation, as necessary, with appropriate legal and/or mental health providers.
Students administratively withdrawn must be given an opportunity for appeal before the Vice President within 48 hours of receipt of the withdrawal decision. Such an appeal hearing on the withdrawal will be held by the Vice President within seven class days after receipt of the student’s submitted written appeal request. The student may be assisted in this hearing by a member of the faculty or staff. The student may also be accompanied by legal counsel, who will be limited to providing legal advice to the student. The hearing shall be conversational and non-adversarial.
A written decision shall be delivered by the Vice President within three class days after the appeal hearing on the decision to withdraw such student.
If the student chooses not to request or fails to attend the appeal hearing, the administrative withdrawal decision will be final, with no further option for appeal.
Any time frame set forth herein within which any action is to be undertaken may be extended by the Vice President for good cause shown.
The Affirmative Action policy on the SUNY Cobleskill campus applies to both employees and students.
The substance of the policy insists on equal opportunity for all persons without regard to race, creed, color, national origin, age, marital status, arrest record, gender, sexual orientation, religion, or disability. The policy applies both to employment on the campus (including student employment) and to educational opportunity.
While the College is proud of the recent gains in full opportunity provided to both employees and students, the College must maintain a vigorous program in recruitment, promotion, in-service education, training, awareness-building, education, counseling, financial aid, career development, and all other services and programs.
The State University of New York has established procedures for handling discrimination complaints. A copy of this procedure is available from the campus Affirmative Action Officer.
Alcoholic beverages are not permitted on the campus, in buildings (including residence halls, except portions of Vroman Hall), grounds, athletic fields, or facilities of the College or of the Cobleskill Auxiliary Services except by special authorization (approval) by the College President or designee. The possession, use or involvement of any kind with alcoholic beverages and alcohol-related paraphernalia (for example: beer taps, funnels, kegs, or empty or full alcohol containers, etc.) is prohibited.
HATE CRIMES AND THE LAW
It is a State University of New York at Cobleskill University Police mandate to protect all members of the SUNY Cobleskill community by preventing and prosecuting bias or hate crimes that occur within the campus’ jurisdiction.
Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the University Police Department in Johnson Hall.
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.
In addition to preventing and prosecuting hate/bias crimes, State University of New York at Cobleskill University Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the SUNY Cobleskill community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s Discrimination Complaint Procedure or the campus conduct code. Bias incidents can be reported to University Police as well as to the campus Affirmative Action Officer.
If you a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling 5555 in an emergency, use a Blue Light or other campus emergency telephone, call 255-5317, or stop by the University Police Office in Johnson Hall. University Police will investigate and follow the appropriate adjudication procedures.
Victims of bias crime or bias incidents can avail themselves of counseling and support services from: the Vice President for Student Affairs, the Affirmative Action Officer, the Director of Human Resources, the Wellness Center staff, or University Police.
For general information on SUNY Cobleskill security procedures, see www.cobleskill.edu or pages 19-36 of this book or call 518-255-5317.
More information about bias-related and bias crimes, including up-to-date statistics on bias crimes is available from University Police at 518-255-5317.
A copy of the State University of New York at Cobleskill campus crime statistics as reported annually to the U.S. Department of Education will be available for review at the University Police Department in Johnson Hall or a copy can be requested by calling 518-255-5317 or by writing to University Police, Johnson Hall, SUNY Cobleskill, Cobleskill, NY 12043. This report is also available on the University Police area of the SUNY Cobleskill webpage at: www.cobleskill.edu and at http://ope.ed.gov/security.
Dining Services is committed to providing you, our customer with a fresh, quality conscious meal of your choice in a courteous and timely manner.
We ask that you recognize that the campus as a whole dines together as a community and in that spirit, please acknowledge appropriate interactions while in our campus facilities.
• Please refrain from loud disruptive behavior as well as inappropriate language.
• Damaging or defacing furniture or equipment is unacceptable.
• Food is not to be thrown in ANY circumstances. In the event this occurs in your direct dining vicinity it is advisable to move your seat immediately.
• Radios, CD Players, Skate Boards, Scooters, Bicycles, Roller Blades and any related items are NOT PERMITTED in the Dining Units. We suggest you leave them in a more secure area.
• Theft will be reported to University Police and handled in accordance with campus policy.
• Containers (food containers or cups) may not be brought into Dining Units. Only cups etc. that are provided by Dining Services for the purpose of a Take Out Meal are permitted. Take out policy varies between Prentice Courtyard Café and Champlin Dining Hall.
• Trays are not to be taken out of the dining units under any circumstance. To Go containers and carriers are available at the Prentice Cafes for your convenience.
• Shirts and shoes are required.
• At the request of any Dining Services staff member you are required to present your CobyCard.
• CobyCards found in the possession of others will be CONFISCATED in all circumstances. ID’s are NON-TRANSFERABLE.
To ensure everyone has the option of enjoying their meal in our dining rooms we ask your cooperation in observing the above guidelines. Dining Services reserve the right to refuse admission to our dining facilities in the event these guidelines are not followed.
SUNY Cobleskill is committed to development and maintenance of a Drug and Alcohol Free Campus and Work Environment. In accordance with the Federal Drug Free Act of 1988, the State of New York Policy on Alcohol and Controlled Substances in the work place, the State of New York Beverage Control Act, and the College Policy under the Student Conduct Codes which prohibits both drugs and alcoholic beverages, the College will not tolerate the presence of either alcoholic beverages or controlled substances on the campus.
Students are subject to enforcement through the campus judicial system and the provisions of law. Employees are subject to enforcement through applicable disciplinary procedures consistent with laws, rules, regulations, and collective bargaining agreements.
The College will make every effort to maintain a drug and alcohol free campus and work place. Those who seek assistance with a problem related to one of these conditions should seek assistance from a campus resource, such as the Counseling Service, the Health Service, or consult with the Office of the Vice President for Student Affairs or the Director of Human Resources.
SUNY Cobleskill is strongly committed to Affirmative Action and Equal Opportunity and does not discriminate on the basis of race, color, religion, sex, national origin, age, veteran status, disability, marital status, or sexual orientation in any of its programs or activities.
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:
1. The right to inspect and review the student's education records within 45 days after the day SUNY Cobleskill receives a request for access.
Parents or eligible students should submit to the College Registrar a written request that identifies the records they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask SUNY Cobleskill to amend a record should write the College Registrar, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without con-sent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the college may disclose education records without consent to officials of another school in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the SUNY Cobleskill to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
SUNY Cobleskill has designated directory information, according to FERPA as Amended, to be the student’s: full name, campus or local address, local telephone number, home address, major, department, dates of attendance, date(s) of graduation, degree(s) awarded, awards, full-time/part-time status, birth date and e-mail address. This information can be released without written prior consent from the student. All other education records will be released only under compliance with FERPA. Students currently enrolled at SUNY Cobleskill may object to the release of certain categories of “directory information” pertaining o them by providing written notification to the Registrar’s Office, Knapp Hall 101, within fourteen (14) days following the first day of classes each semester.
Emergency situations will be reviewed on a case-by-case basis.
1. A grievance must be submitted in writing on forms provided by the State University of New York. Forms are available from the affirmative action officer.
2. Employees must file a grievance within 90 calendar days following the alleged discriminatory act or the date on which the grievant first knew or reasonably should have known of such act if that date is later. Students must file a grievance within 45 calendar days following the alleged discriminatory act or 90 calendar days after a final grade is received, if that date is later.
3. Grievance must be filed with the campus affirmative action officer.
4. The complete State University of New York Discrimination Complaint Procedure can be viewed at www.cobleskill.edu/HumanResources.
Hazing in every form is prohibited. Hazing is considered to be interference with personal liberty of others and includes any act of domination by some students over others which may lead to injury, emotional disturbance, physical discomfort or humiliation.
Harassment by banter, ridicule or criticism or playing abusive and humiliating tricks or pranks is prohibited.
Hazing which involves the forced consumption of alcohol or drugs is prohibited.
Whether you connect to campus computing resources through a wireless or wired network port with your personal computer or log on to the campus network from a computer in an open access lab, you have agreed to abide by the Computing Resources Policy of SUNY Cobleskill.
AUTHORIZED/RESPONSIBLE USE OF CAMPUS COMPUTING RESOURCES: Access to computing is provided to facilitate access to the Internet, e-mail, and user data files necessary to conduct campus-related activities. All users who access campus resources have the responsibility to use them within the guidelines specified in the Campus Computer Resources Policy and Student Conduct Codes.
Effective, efficient, ethical and legal use of any computer account issued by SUNY Cobleskill is the responsibility of the person in whose name it is issued. Unauthorized use of computer services will be considered to be theft of services; will result in immediate suspension of your account privileges; and will be dealt with according to the "appropriate disciplinary process" and/or Chapter 514 of the New York State Penal Law. The full text of the Computer Resources Policy is in the Information Technology Student Handbook located at: http://www.cobleskill.edu/information-technology/ITSstudenthandbook.pdf. Other useful links to Information Technology Services (ITS) resources and services are located on the ITS Home page: http://www.cobleskill.edu/information-technology.
NETWORK ACCOUNTS AND EMAIL: A computer account is established for all officially registered students to provide authorized access to the following computing resources at SUNY Cobleskill.
• SUNY Cobleskill MS Live e-mail account where all official campus communication will be sent
• Access to a 7 GB MS Live Skydrive (MS Live Cloud Storage: http://skydrive.live.com)
• 1.5 GB of network file storage (This quota-managed storage is referred to as your M: drive.)
• Access to the “Faculty Network Shares” (Network storage used by faculty to share files with their students.)
• Access to networked printing services (Quota is managed: each student starts off with a 300 page limit per academic year. Additional printing services may be purchased as needed.)
• Use of high-end computers in computer classrooms and open access labs
• Campus Standard and Curriculum-specific software
Activation of access to SUNY Cobleskill’s network and MS Live email services is processed online on the Network Account Activation/Password Change page. This page can also be used at any time to unlock an account’s access or to reset/change its network password. To use this service, a student is required to login with his/her Banner Web User ID and PIN. The Registrar’s Office (email@example.com or 518.255.5522) may be contacted for assistance with the Banner Web PIN. SUNY Cobleskill Network Account Activation | Password Reset | Unlock Account Access can be done from any Internet connection on or off campus. At Cobleskill, email is the official means of communication for the campus, so it is imperative that each student activate and use her/his Cobleskill network account and email service.
WEB ACCESS RESOURCES (accessible from any web browser):
• Angel (a web-based course management system that allows instructors to make course materials and information available through the Web)
• Banner Web Online course registration and add/drop
• Web access to e-mail and library research databases
RESIDENCE HALL NETWORK ACCESS POLICY: In accordance with the Computer Resources Policy and the Student Conduct Code, ITS employs a Network Port Activation process. This process is automated and maintained to ensure that students are in compliance with all campus network requirements. Any student desiring access to the Cobleskill network and the Internet from a residence hall is required to successfully activate his/her network port. While this process is self-explanatory and help is available online during activation, ITS will be available to assist students. Students who successfully complete this online procedure verify that their computers are compliant with all of the following campus network requirements and accept responsibility for any and all activities on this port:
1. All computers are required to have a valid registered copy of an operating system.
2. All computers are required to have all available MS Windows and Mac OS critical updates applied.
3. All computers are required to have valid and regularly updated anti-virus software; students without anti-virus software may obtain it through the ITS Helpdesk (x5800) located in Warner Hall 023.
4. File-sharing programs, Internet/Intranet gaming and networking devices and services (such as servers, routers/switches, web servers, etc.) that compromise network integrity and/or stability are prohibited on the residence hall network.
5. All portable, Internet capable wireless devices also require activation. Each user is limited to 5 device registrations.
Once registered to a specific student, all activities conducted through the registered port are the responsibility of that resident. ITS routinely maintains and monitors residence halls to maintain a secure and stable network environment. Sanctions will be imposed for any student not in compliance in accordance with the Campus Computer Resource Policy.
PROCEDURES FOR SUSPECTED ABUSE/MISUSE OF COMPUTER OR NETWORK HARDWARE, SOFTWARE AND SYSTEMS
Due to the potentially serious impact upon other users and the potential damage to the integrity of College records and resources, any suspected abuse or misuse of College computer and/or network hardware, software, and systems must be addressed immediately. Therefore, upon discovery or notification of an alleged abuse or misuse, the student’s computer account and/or network access will be temporarily deactivated. The student will be notified of the status of his/her account and/or network access. He/she will need to meet with the Information Technology Services Systems and Network Administrator and/or his/her designee before the account and/or network access can be reinstated. The Systems and Network Administrator or designee will explain to the student the nature of the alleged violation and seek to determine whether the incident or condition is deliberate, intentional, or unintentional and to determine any associated facts, involvement of others, and the like. If the Systems and Network Administrator or designee determines that the incident was unintentional, caused by inexperience or lack of understanding, the account and/or network access may be reactivated without further hearing. If, however, the intentional abuse or misuse is determined, the student’s account and/or network access will remain deactivated and the Administrator or designee will convene a meeting of the Student Access Violation Committee. The Committee shall take one of two actions: reactivate the student’s account and/or network access and provide appropriate education, or file judicial charges with the Office of the Vice President for Student Affairs for action through the student judicial system. (Temporary reactivation may be implemented by the Committee.) Additional incidents will be viewed as very serious.
SUNY Cobleskill is committed to maintaining a learning environment conducive to personal health and safety. A complete health history prior to initial registration is required of all matriculated students. This requirement is waived for non-matriculated and Saturday College students only.
In order to minimize the risk of communicable diseases, ALL students are required to provide proof of immunity to Measles, Mumps, and Rubella (MMR), Tetanus, Diptheria and Pertussis as well as the results of a TB test, unless they have been granted a specific exemption. These immunization requirements exceed the New York State Public Health Law. In addition, New York State requires that we inform students about Bacterial Meningitis and the vaccination against it. Students must read and acknowledge receipt of this information found in the Health & Immunization Record. Contact the Wellness Center if you have any questions about this disease at 518-255-5225.
Any student who is not in compliance with these mandatory Health Record, MMR, TB and Tetanus, Diptheria and Pertussis requirements within thirty days of initial registration will be excluded from residential living and/or class participation with no special consideration for refunds.
In accordance with Section 504 of the Federal Rehabilitation Act of 1973, as amended, State Executive Law and Governor's Executive Order 40, the College does not discriminate against disabled persons in access to or conditions of employment, or in the administration of any of its programs, services, or activities.
Smoking is prohibited in all campus buildings and within 25 feet of residence halls. Smoking is prohibited in fleet vehicles (cars and vans) used by multiple campus employees. Permanent signs indicating that smoking is prohibited have been placed at the entries of all campus buildings.
The Cobleskill campus community depends on trust and civility. A willingness to recognize the dignity and worth of each person at the college is essential to our mission.
It is the responsibility of each person on campus to respect the personal dignity of others. Cobleskill celebrates the growing diversity of its community. Students, faculty and staff come to Cobleskill from many different backgrounds. Learning to understand the differences among us as well as the similarities is an important dimension of education, one that continues for a lifetime. Tolerance alone, however, is not enough. Respect and understanding are also needed. We should celebrate our differences, and should seek to appreciate the richness and personal growth which our diversity provides to us as members of this community.
As an educational community, it is important that we be knowledgeable about racial harassment issues and be responsible for its prevention. The Cultural Diversity and Equity Committee is one source of education and prevention programs on this topic. The Cobleskill campus cannot accept discriminatory acts of racially based harassment and therefore has adopted the following policy concerning racial harassment.
II. PURPOSE AND DEFINITION
Racial harassment shall not be tolerated at Cobleskill, not only because it is reprehensible and discriminatory, but because it constitutes a form of conduct that seriously undermines the atmosphere of trust and mutual respect that is essential to an academic environment and a democratic society.
For the purpose of college policy, the term "racial harassment" refers to any behavior, verbal or physical, that stigmatizes or victimizes individuals on the basis of race, ethnic or national origin which includes:
1. Creating an intimidating or offensive academic living or work environment for the individual.
2. Interfering with an individual's academic or work performance.
3. Involving a stated or implicit threat to an individual's academic or employment status.
4. Using inappropriate or offensive language or behavior based on racial stereotypes.
The College regards such behavior as a violation of the standards of conduct required of all persons associated with the institution and a violation of the Violence and Unacceptable Behavior Policy (see pg. 36). The prohibition against racial harassment applies to all interactions occurring on campus, in college facilities, or within the context of college related activities. It also applies to acts of retaliation against members of the community who have filed complaints under this policy.
In determining whether an act constitutes racial harassment, the totality of the circumstances that pertain to any given incident in its context must be carefully reviewed and due consideration must be given to the protection of individual rights, freedom of speech, academic freedom, and advocacy.
Members of the campus community (faculty, staff, and students) who feel that they have been the victim of racial harassment have the following options available to them to facilitate resolution:
1. Mediation with a neutral third party, see page 43 of this handbook.
2. File a charge of infraction or violation with the campus Judicial Board, see page 40 of this handbook.
3. File a grievance with the campus Affirmative Action Officer (Knapp Hall, Room 123).
This procedure, which may be used by any State University of New York student or employee, is in no way intended to supplant or duplicate any already existing grievance procedures, including the informal process presently in practice on many campuses. This procedure does not deprive a complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the Department of Education, and the Office of the Federal Contract Compliance of the Department of Labor.
The Office of the President will be responsible for the implementation of this policy.
The full-time student refund schedule outlined below has been established by the State University Board of Trustees. In order to obtain a refund, however, the student must fill out the official withdrawal form with the Registrar’s Office and specifically request a refund of room and board and tuition.
TUITION REFUND SCHEDULE
Withdrawal During Refund
1st Week 100%
2nd Week 70%
3rd Week 50%
4th Week 30%
5th Week 0%
REFUNDS FROM OVERPAYMENTS AND FINANCIAL AID
Refunds are done based on the information we have on the date the refund is processed. Billed college charges are deducted from payments and credits first before the refund is done. Refunds occurring from credit card payments are generally done back to the credit card used for payment, and parent loans are generally done back to the parent borrower. Changes to account charges and/or financial aid may occur after this date. These changes are the student’s responsibility to pay or follow up with Financial Aid. Students receiving federal financial aid must “earn” this aid per federal regulations. In order to
earn 100% of federal aid for the semester, a student must be enrolled at SUNY Cobleskill at least until the 60% point of the semester. If a student withdraws before this point, and has received federal aid, significant monies may be owed to the college.
The College reserves the right to approve or disapprove requests to provide or advertise services on the campus. Students and visitors must inquire regarding an application at the Office of the Vice President for Student Affairs. The College does not approve advertising involving sale or distribution of alcoholic beverages or credit cards. The Cobleskill Auxiliary Services, Inc. has the major responsibility for providing auxiliary services on the campus.
SEXUAL ASSAULT AND THE LAW
The State University of New York at Cobleskill has programs in place to protect all members of the SUNY Cobleskill community from sexual assault, including programs for prevention and prosecution of these crimes that occur within the jurisdiction of SUNY at Cobleskill University Police.
NYS Law contains the following legal provisions defining the crimes related to sexual assault:
SECTION 130.20 – SEXUAL MISCONDUCT. This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.
SECTION 130.25/.30/.35 – RAPE. This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
SECTION 130.40/.45/.50 – CRIMINAL SEXUAL ACT. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
SECTION 130.52 – FORCIBLE TOUCHING. This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.
SECTION 130.55/.60/.65 – SEXUAL ABUSE. This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.
SECTION 130.65-A/.66/.67/.70 – AGGRAVATED SEXUAL ABUSE. This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.
If you are sexually or otherwise assaulted on campus:
• Get to a safe place as soon as you can and contact someone you trust.
• Try to preserve all physical evidence; do not bathe, drink, eat, douche, or change your clothes.
• Contact SUNY Cobleskill University Police immediately (call 5555 in an emergency, or use a Blue Light or other campus emergency phone or contact the Cobleskill Village Police Department at 234-2111).
Remember, assaults – sexual or otherwise – are crimes; they are not the victims’ fault. Victims have the right to pursues adjudication of crimes that occur on the SUNY Cobleskill campus through criminal courts and/or through the University’s internal disciplinary process (under the Student Conduct Codes). SUNY at Cobleskill University Police are trained to assist with prosecution in both systems.
Where this is probable cause to believe the college’s regulations prohibiting sexual misconduct have been violated, the college will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the college.
An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending.
The college will make every effort to be responsive and sensitive to the victims of these serious crimes. Protection of the victim and prevention of continued trauma is the college’s priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements.
Assistance for any other personal or academic concerns will be reviewed and options provided.
During the disciplinary process, the victim’s rights are:
• To have a full-time faculty member, professional staff member, or student of the victim’s choice accompany the victim throughout the disciplinary hearing.
• To remain present during the entire proceeding.
• As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing.
• To make a “victim impact statement” and to suggest an appropriate penalty if the accused is found in violation of the code.
• To be informed immediately of the outcome of the hearing.
• During the disciplinary process, the rights of the “accused” are as described under the “Student Conduct Codes” description which follows.
INFORMATION AND SUPPORT
If you are the victim of sexual assault or sexual misconduct, you may seek support services as well as the assistance described above from the Vice President for Student Affairs, the Affirmative Action Officer, the Director of Human Resources, the Wellness Center staff, or University Police.
Education programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community. University Police, Wellness Center, Residential Life Office and other Student Affairs staff provide programs in various campus buildings. Student Affairs staff partner with community agencies to provide prevention programs on campus throughout the year.
Forcing or coercing someone to have sexual intercourse or engage in other sexual behaviors is against the law. In New York State if a woman has sexual intercourse because she is fearful for her life or safety, or is unable to consent, the behavior of the perpetrator is considered rape. The perpetrator does not need to use a weapon or physically abuse her to make her fearful for her safety.
She is considered unable to consent if she is mentally incapacitated or is physically helpless due to drug or alcohol consumption, is mentally incompetent, is asleep, or is less than seventeen years of age. If a female has intercourse under these circumstances, it is rape. "Acquaintance rape" occurs when the attacker and the victim know each other.
Forcing or coercing a woman or a man to engage in any sexual activity (other than sexual intercourse) under the circumstances mentioned above is considered sexual abuse.
The SUNY Cobleskill community condemns all violent behavior, especially that of rape or other sexually-related crimes. Members of the SUNY Cobleskill community who commit these crimes will be subject to severe sanctions through the campus judicial
system and the criminal justice system including but not limited to: disciplinary suspension, disciplinary dismissal, financial restitution, termination of SUNY employment, prosecution in the criminal courts (felony or misdemeanor), and prosecution in the civil court.
The SUNY Cobleskill Department of University Police will, consistent with the law and policy, conduct a thorough investigation of all reported rapes and other sexual offenses. These investigations will be comprehensive, and will display the utmost regard for the physical and emotional well-being of alleged victims and the rights of both alleged victims and alleged perpetrators.
Victim support services provided in these cases are available through:
On Campus: Wellness Center (counseling and health care), Residential Life professional staff, Department of University Police, Office of the Vice President for Student Affairs, Office of Human Resources Management;
Off Campus: Rape Crisis Services (234-4949), Planned Parenthood (234-3325), Cobleskill Regional Hospital (254-3456).
The campus conducts many educational programs and students are urged to participate in such groups and seminars offered in the residence halls and in other areas.
Any student who has been accused of sexual assault of any kind is encouraged to avail themselves of counseling services in dealing with their behavior and/or their reaction to the allegation. [Doing so does not affect the investigation of or the results of any campus judicial or administrative action.]
Primary responsibility for coordination of all services related to Acquaintance Rape and Sexual Abuse rests with the Vice-President for Student Affairs (518/255-5225).
Harassment on the basis of sex is a violation of the Civil Rights Act of 1964 and of the policies and intent of the Board of Trustees of the State University of New York.
Unwelcome sexual advances or physical contacts of a sexual nature constitute sexual harassment. Sexual Harassment of employees by supervisors or of students by faculty or administrators which imposes requirement of sexual cooperation as a condition for employment or academic advancement is hostile and will not be tolerated in this academic community. Whenever knowledge is received that a sex-based condition is being imposed, prompt and remedial action to investigate the allegation will be taken immediately.
Examples of sexual harassment: sexually degrading words or gestures; verbal sexual abuse or harassment; offensive sexual graffiti, pictures or cartoons; subtle pressure for sexual activity; leering or ogling; disparaging remarks to a person about his/her gender or clothing; demands for sexual favors accompanied by implied or overt threats; unnecessary touching, patting, pinching, or brushing.
Complaints, inquiries, and further information should be referred to the Vice President for Student Affairs, the Affirmative Action Officer, Director of Human Resources Management, the Counseling Center, or University Police.
All persons using skateboards, rollerblades and bicycles are expected to use the equipment in a manner which is appropriate, considerate of others and of College property. Persons who use the equipment recklessly or without care of others and College property will be confronted, documented, and addressed through the College’s judicial system.
Persons are prohibited from skateboarding, rollerblading or bike riding on the academic quad. In addition, persons are prohibited from engaging in tricks (sliding, jumps, etc.) anywhere on College grounds which involve College property (i.e. stairs, steps, railings, benches, entrances to buildings). Furthermore, the use of bicycles, rollerblades and skateboards inside campus buildings is strictly prohibited.
The campus should be maintained as a safe environment for everyone. Reckless behavior which endangers others and property should not be undertaken. It should be noted that the use of these items, in itself, involves an assumption of personal risk. Persons who use them are personally liable for their actions.
An enrolled student or the Vice President for Student Affairs may engage in the college withdrawal process for that student upon receipt of documentation indicating a circumstance (e.g. medical and/or mental health issue) which comes to light and is determined to have a serious, negative influence on the student’s ability to successfully persist through the remainder of the current semester of enrollment. Action initiated by the administration may be appealed by the student by filing an appeal statement, with justification, with the President or his designee (the Provost) within 24 hours of receipt of notification of the decision to withdraw. The President’s decision will be final.
ALTERNATIVE ARRANGEMENTS: The person filing the charge(s) and the person charged each have the right to alternate arrangements so that the two parties must not be in the same room during the hearing. Both parties and the hearing panel must be able to hear each other.
BURDEN OF PROOF: The burden of proof in cases of sexual harassment and sexual violence is “preponderance of the evidence.” This test asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the person charged must be found responsible.
CONFIDENTIALITY: The College will protect the privacy of all parties to a complaint or other report of sexual harassment and sexual violence to the extent possible. When the college receives complaints of sexual harassment or sexual violence, the college has an obligation to respond in a way that limits the effects of the sexual harassment and sexual violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, and the person charged. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Certain staff are obligated by law to maintain confidentiality, including the Beard Wellness Center (518-255-5225) and the local rape crisis center off-campus (518-234-4949).
EQUAL RIGHTS FOR THE PERSON CHARGED AND PERSON FILING CHARGES: Any rights or processes offered to a person charged are also offered to a person filing charges.
INFORMAL RESOLUTION PROCEDURES: Informal resolution procedures, such as mediation, are optional and may be used when the College determines that it is appropriate and the parties are in agreement about using it. Mediation may not be used in cases involving sexual violence.
NOTICE OF OUTCOME: Students filing charges in sexual violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, in a way consistent with federal and state law. The person filing charges and the person charged shall be notified concurrently in writing within 10 days of the hearing.
QUESTIONING AND CROSS-EXAMINATION: The person charged and the person filing charges in cases involving sex discrimination, including sexual harassment and sexual assault, may not directly question or cross-examine each other. Each may submit his/her questions to the disciplinary panel, which will be responsible for asking the questions.
RIGHT TO APPEAL: After receiving notice of the disciplinary board’s decision, either party can request an appeal within 24 hours for the following reasons: (1) A procedural defect in the process had a significant effect on the outcome; and/or (2) the discovery of new information which was unknown or unavailable at the time of the hearing and would have a significant effect on the outcome. The non-requesting party will receive notice of the appeal and may submit either his or her own appeal or a written response to the requesting party’s appeal within 24 hours, which the appeals officer/board will consider together. The decision of the appeal officer is final.
RETALIATION: Retaliation against a person who files a sexual harassment or sexual violence complaint, serves as a witness, or assists or participates in any manner is strictly prohibited and will result in disciplinary sanctions. Participants who experience retaliation should contact the Title IX Coordinator at 518-255-5423.
TIMELINE: A timeline of the major steps from incident through resolution follows:
• Event to filing of charges, usually 14 days or less
• Hearing, usually within 21 days of receipt of charges
• Parties receiving notice of the outcome at the conclusion of the hearing. Written notice is provided within 10 days of the hearing.
• Parties may file an appeal request within 24 hours of the verbal notice of the outcome.
If extraordinary circumstances prevent any step from occurring within the stated time frame, all parties will be promptly notified and will be given an estimated time for the step to occur. Participants may also request an extension from the college, which should be granted if it will not unduly prejudice the rights of the other party.
ACCUSED STUDENT/PERSON CHARGED: Any student accused of violating this Student Conduct Code.
COMPLAINANT/PERSON FILING CHARGES: Any person who submits a statement alleging that a student violated this Student Conduct Code.
CONSENT: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
• Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
• Previous relationships or prior consent cannot imply consent to future sexual acts.
• Lack of consent may also exist when the victim is unable to give consent, either because of the victim’s use of drugs, alcohol, or other substances, or because of a mental disorder or developmental or physical disability.
FORCE: The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
NON-CONSENSUAL SEXUAL CONTACT: Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.
NON-CONSENSUAL SEXUAL INTERCOURSE: Any sexual intercourse, however slight, with any object, by a man or woman upon a man or a woman, that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
RETALIATION: Any action by any person that is perceived as intimidating, hostile, harassing, retribution, or violent that occurred as a result of the making and follow-up of a report of a violation of this code of conduct.
SEX DISCRIMINATION: Sexual Discrimination includes all forms of: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.
SEXUAL EXPLOITATION: Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
• Invasion of sexual privacy
• Prostituting another student
• Non-consensual video or audio-taping of sexual activity;
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• Engaging in voyeurism;
• Knowingly transmitting an STI or HIV to another student;
• Exposing one’s genitals in non-consensual circumstances;
• Inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation
SEXUAL HARASSMENT: Sexual Harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
SEXUAL VIOLENCE: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including, but not limited to rape, sexual battery, and sexual coercion.
As a unit of the State University of New York, the College complies and enforces Title IX of the Education Amendments of 1972. Specifically, Title IX states: No person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefit of, or be subject to discrimination under any education program or activity receiving federal financial assistance.
Students and employee complaints alleging action prohibited under Title IX will be handled under the grievance procedure developed by the State University of New York. Complaints should be filed with the Affirmative Action Officer.
A. Annual Registration is required of all students, faculty, and staff parking on university property.
B. On-Line Registrations. All vehicles must be registered on-line through the SUNY Cobleskill website (www.cobleskill.edu) prior to picking up the decal. All decals are issued at the University Police Department, which is located at Johnson Hall, from 8:30 am to 11:30 am and from 1:00 pm to 4:00 pm Monday thru Friday.
C. Display of Decal. The decal must be displayed on the side window behind the operator, in the upper right corner with the number facing out.
D. Temporary Permits. All vehicles parked on campus MUST display some type of permit. If the vehicle does not have a permanent sticker affixed, a temporary permit must be obtained at the University Police Department from 8:30 am - 11:30 am or from 1:00 to 4:00 pm.
E. Decals and Permits are not transferable from one vehicle to another and must be affixed with their own adhesive. If you change vehicles permanently during the time your permit is valid, a replacement is available at the University Police Department for a fee of $3.00.
F. A refund of the parking fee will be given upon request and proof of withdrawal from college during the first week of classes only.
A. Resident students must park only in areas which are assigned as follows:
1. Residents of Wieting and Vroman Halls must park in the W-Lot.
2. Residents of Porter, Davis and Parsons Halls must park in P-Lot.
3. Residents of Pearson, Draper, Dix, Fake and Ten Eyck Halls must park in the F-Lot.
4. If/when your assigned lot is full, you must park in the North end of the W-Lot.
B. Commuter students and Saturday College students must park in the Commuter/W Lot. However, between 5:00 pm and 3:00 am vehicles with a “C” permit may park in any student, visitor, or faculty/staff parking area (except the area reserved for admissions visitors).
C. Temporarily disabled students may be issued a special two week only parking permit that allows parking in any legal parking area (except spaces reserved for the disabled as described below). Special permits are issued at the University Police Department and require a physician’s certification.
D. In accordance with State Law, disabled parking spaces are reserved for vehicles displaying either disabled license plates, or a New York State Department of Motor Vehicles approved hang tag issued by a municipality.
TRAFFIC & PARKING REGULATIONS
A. Laws in Effect. The Vehicle and Traffic Laws of the State of New York and the State University of New York traffic ordinances are in effect on University property.
B. Speed Limit. The speed limit on campus property is 20 mph, unless otherwise posted.
C. Accidents. Motor vehicle accidents on University property must be reported to the SUNY Cobleskill University Police Department, phone number 5317.
D. There is no parking at any time on campus roadways.
E. Parking anywhere on the grass is prohibited.
F. Vehicles must park between painted lines.
FINES & PENALTIES
A. The person in whose name a vehicle is registered with the University is responsible for all traffic violations and is liable for all fines or disciplinary action.
B. Fines: $15 for first violation; $20 for second; $25 for all subsequent violations. All disabled violations are $50.
C. Violations should be paid at the Office of Student Accounts within ten (10) business days of issuance. Unpaid violations may be added to your semester bill and deducted from any refunds due. Violations remaining unpaid are submitted for collection where additional costs related to collection may be assessed.
D. Vehicles parked in tow-away zones, disabled zones, or parked inappropriately as determined by the University Police, may be towed at the owner’s expense.
E. Vehicles that have been issued five violations are subject to being towed for any and all additional violations.
F. Three or more unanswered complaints in an 18-month period by the same person regarding violations of a campus parking rule, shall result in a referral to the New York State Commissioner of Motor Vehicles for review in considering the renewal of an operator's license and/or motor vehicle registration, and the imposition of a fee as approved by the campus president or designee, or by the Board of Trustees, as the case may be, to meet the administrative costs of such referral.
1. Parking violation appeals may be made by any person receiving a notice of violation within ten business days from the date of issuance. After this 10 day period, the right to appeal expires and all violation charges and/or expenses incurred become automatically due and payable.
2. Appeals may be filed at the University Police Department in Johnson Hall. You must bring the ticket with you to file an appeal.
The college assumes no responsibility for the vehicle, its contents or for any situation resulting from bringing and operating the vehicle on campus. This includes any damage caused by towing a vehicle.
A basic tenet of our society is that every citizen has the right to security in both person and property. Our laws prohibit the physical abuse of persons and the illegal appropriation and destruction of property. The effect of these laws is to provide a context in which persons can realize their potential as social, political, economic and creative beings.
SUNY Cobleskill is a place of learning, where students of all ages, races, creeds, sexual orientations, and ethnic origins have the opportunity to develop skills and knowledge toward goals that will make them effective citizens and promote their well being. The College expects that all members of the community share these goals.
Behaviors undertaken which flagrantly and consistently disrupt the educational process, and/or physically abuse or harass other persons will not be tolerated and, after determination by the campus judiciary process, will subject the responsible student to campus disciplinary sanctions (which may include College Dismissal) as well as criminal prosecution.
Similarly, behaviors undertaken which displays willful damage and/or destruction to the property of the campus or members of the campus community or campus visitors, thereby degrading the quality of student life and increasing the cost of education, will subject the responsible student to campus disciplinary sanctions (which may include College Dismissal) as well as criminal prosecution.
Moreover, behaviors undertaken which diminish the dignity of other members of the community through sexual harassment or racial, sexual, religious, or ethnic disparagement, which are unlawful and inconsistent with the College's aspiration to produce citizens respectful and tolerant of the diversity of people, will subject the responsible student to campus disciplinary sanctions (which may include College Suspension and/or Dismissal).
SUNY Cobleskill attempts to provide a clean, attractive, healthy and safe learning environment for its students. However, the degree to which all students can realize their intellectual and social potential depends on the willingness of the entire community to promote and maintain mutual respect and dignity.