FAQs about the University at Albany Student Conduct System
May 5, 2016
Does the university have a statement on the conduct hearing's final determinations?
The university has followed its standard procedures and protocols for handling allegations that a student violated the Code of Conduct.
A panel of seven, including students, faculty, and staff members considered the evidence and determined that the students violated provisions of the university’s student conduct code. That panel recommended sanctions for each of the three students.
See President Jones' communication to the campus community.
How are the sanctions determined for students in a student conduct hearing?
Sanctions for violating the university’s student conduct code are recommended by a panel of students, faculty, and staff. Sanctions are based on the severity and seriousness of the violation, the violation’s impact on the university and the local community, the number of violations which occurred during an incident, and the student’s prior disciplinary history.
Refer to the university's Community Standards Sanction Guide for common sanctions for student conduct code violations.
When were the university's decisions made?
The outcomes were finalized after a thorough student conduct process, which included a March 9 hearing and an appeals process that concluded on May 5. This timeframe is typical for a student disciplinary process.
How does a student appeal a decision?
The referred student may appeal a conduct decision within seven calendar days of receiving the decision letter. The Vice President for Student Affairs or his/her designees makes the final decision about the appeal.
On what grounds is an appeal judged?
An application for appeal must meet at least one of three standards to be considered: procedural error, new evidence, or severity of the sanction.
How will the determinations affect any ongoing court cases?
The university’s disciplinary process is completely separate from the criminal justice system. This process is not a court of law. It is an internal administrative process to determine whether a student has violated provisions of the university's Student Code of Conduct and, if so, to assign the appropriate sanctions based on the seriousness of the violation and its impact on the university and the local community.
It would not be appropriate for the university to comment on the court case.
Why didn't the university wait for the criminal justice process to be completed?
The two processes, while separate, often run on parallel tracks. The principle of due process does not require campus disciplinary proceedings to be postponed until related criminal matters are settled, and thus the imposition of university discipline need not await the outcome of the criminal proceedings.
The criminal court system operates under the District Attorney's office, and determines guilt or innocence in violations of criminal or civil law. The criminal court system lies outside the university's purview, and does not influence the university's determinations of Student Code of Conduct violations.
Can you talk about a student who is being disciplined under the university conduct system?
Due to the Family Educational Rights and Privacy Act (FERPA) privacy laws, the university cannot divulge details about specific students while student conduct processes are underway. However, in cases of violent incidents and sexual offenses, after a final determination has been made universities are allowed to release the name of the student found responsible, the sanction imposed, and the circumstances.
How does the student conduct system provide due process to students?
The university’s student conduct hearing procedures provide students with notice of the charges against them, the right to a hearing before a panel of faculty, staff and students, in which they can to contest the charges, make statements, call witnesses and ask questions. All evidence gathered for a hearing is shared with a student referred to the process. The procedures also provide for an appeal.
These students did not attend their Code of Conduct hearing. Their lawyers said that doing so would pose a legal risk. Is it appropriate for the university to have proceeded?
The Code of Conduct procedures clearly state that hearings will be held whether students choose to attend or not.
When were the university's decisions made?
The outcomes were finalized after a thorough student conduct process, which included a March 9 hearing and an appeals process that concluded on May 5. A timeframe of 6-8 weeks from referral to final determination is typical for a student disciplinary process.
How does a student appeal a decision?
The referred student may appeal a conduct decision within seven calendar days of receiving the decision letter. The vice president for Student Affairs or his/her designees makes the final decision about the appeal.
On what grounds is an appeal judged?
An application for appeal must meet at least one of three standards to be considered: procedural error, new evidence, or severity of the sanction.
How can I learn more about the university at Albany’s Student Conduct System?
The complete Code of Conduct, and full information about procedures and protocols are online here.
