KEY TERMS:

1. Accused/Respondent: The person accused of violating the Code of Student Conduct.

2. Code of Student Conduct: The set of University rules that outlines expected behavior, “conduct” violations, sanctions, appeals, and all other conduct-related procedures.

3. Complainant: The person, such as a victim, who makes a complaint against the accused/respondent; not all cases have complainants.

4. Office of Student Conduct: The University office responsible for writing, updating, and enforcing the Code of Student Conduct.

5. Preponderance of the Evidence: “More likely than not;” the standard of proof for conduct violations.

6. Sanction: A punishment issued for a Code of Student Conduct violation.

7. Witness: A person who witnessed—and is not liable for—a Code of Student Conduct violation.

CODE OF STUDENT CONDUCT QUESTIONS:

• Will my parent/guardian be informed if I am accused of a conduct violation?

1. Conduct violations are kept confidential, and information regarding your case is sent to you and you alone.

• Does the Code of Student Conduct 2 apply only to on-campus behavior?

1. No! The Code of Student Conduct applies to ON-CAMPUS AND OFF-CAMPUS behavior.

• Can I get in trouble for witnessing someone violate the Code of Student Conduct 2?

1. If you were not a part of doing something wrong, then you are not in the wrong, but you may still be a witness7. You will also not get in trouble for seeking help for another student under the influence of drugs in need of medical assistance.

• Can I get legally in trouble for a Code of Student Conduct 2 violation, or does it all stay within the university system?

1. University policy can overlap with the law. If found guilty of a Code of Student Conduct violation, your sanction6 may require payment to an individual or to the University to cover the cost of damage, destruction, defacement, theft, or unauthorized use of property, or even payment for medical bills not covered by insurance. Furthermore, if a violation of criminal law is in question, a potential victim has the right to report it to the authorities; in this scenario, retain an attorney; if you cannot afford one, one will be provided to you by the State.

• What is the standard of proof for a conduct violation?

1. The standard of proof is by the preponderance of the evidence5, or “more likely than not.” This means that if it is more likely that you did x violation, you are found guilty.

• If I am found guilty, what are the typical punishments?

1. There are a few factors that may determine the outcome of your case:

• The nature of the violation, including if multiple rules have been violated.

• The severity of the harm, damage or injury that resulted from the violation(s).

• The student’s past conduct history, especially with regard to the same or related policy violations.

• Mitigating (to make less severe) and aggravating (to make more severe) factors.

• Options for student learning with regard to the violation and associated sanction6.

For more information, visit the Office of Student Conduct’s Binghamton Website.

• How will conduct violations affect my student record?

1. Some sanctions6 will be listed on your official academic transcript and may disqualify you from certain University awards or scholarships. For more information, visit the Office of Student Conduct’s Binghamton Website.

• Witness7 vs. Accused1:

STUDENT RIGHTS & RESOURCES:

• What are my rights if I am accused of violating the Code of Student Conduct 2?

1. You always have the right to remain silent in a conduct interview, and you are innocent until proven guilty by a preponderance of the evidence5.

• Where can I find the Code of Student Conduct 2?

1. The Code of Student Conduct can be found on the Office of Student Conduct’s Binghamton Website.

• Do I need a lawyer for this process?

1. No, you do not need a lawyer for this process (although, you may hire one). The Office of Student Conduct4 will send a Resource Packet along with your letter with various resources you may use.

• How do I request the services of the Conduct Advocates program?

1. Fill out the Inquiry Form as soon as possible.

• What can a Conduct Advocate do for me before and during a hearing?

1. A Conduct Advocate cannot speak for you, but can advise you of your rights, attend meetings/your hearing, assist with gathering evidence and writing questions, and answer general questions.

• When should I reach out to the Conduct Advocates program?

1. If you receive an email from the Office of Student Conduct4 accusing you of a violation, you should fill out the Inquiry Form as soon as possible to request a meeting. Because this is a student-run organization, expect to be contacted & connected to a Conduct Advocate within 48 hours (on business days and days when classes are conducted) upon submission. Note the Inquiry Form is NOT a sign-up form: A meeting will be scheduled when you are contacted.

OFFICE OF STUDENT CONDUCT & INVESTIGATION QUESTIONS:

• The Conduct Process:

• Initial Inquiry: You are contacted asking to meet with an investigator from the Office of Student Conduct4; this is when you should fill out the Inquiry Form if you wish to meet with a Conduct Advocate.

• Investigation: This is when the Office of Student Conduct will conduct interviews and collect evidence.

• Administrative Agreement: An agreement you sign, admitting you are responsible and agreeing to a sanction6.

• Student Conduct Board Hearing: An evidentiary hearing in which a Hearing Board, after hearing evidence, will determine if you are guilty or not guilty.

• What happens if I don’t attend my conduct meeting?

1. The Office of Student Conduct4 will carry out its investigation with or without your attendance at a meeting.

• How long does the process take?

1. The process duration may vary, but the Office of Student Conduct4 aims to be as efficient as possible.

• What kind of evidence will be used against me?

1. The Office of Student Conduct4 will interview any parties involved and review other evidence, such as text messages, social media, etc.

• What happens during a hearing?

1. The hearing will begin with introductions from the Hearing Board and you will be allowed to give a 5-minute opening statement. Then, the complainant3 or Office of Student Conduct4 investigator will be able to present evidence. You and the Hearing Board will be able to ask questions regarding this evidence. Then, you will have the opportunity to present evidence that the Hearing Board may inquire about. Then, if there are any witnesses7, you and the Hearing Board will have the opportunity to ask any questions.

• Can I appeal a hearing decision?

1. Appeals may be filed for the finding of responsibility, the sanction6 imposed, or procedural errors. For more information regarding appeals, visit the Appeals Guide on the Office of Student Conduct’s Binghamton Website. 

• How does the appeal process work?

1. The Office of Student Conduct4 outlines the following guidelines for preparing an appeal:

• An appeal must be submitted in writing.

• An appeal must be written by the student charged.

• An appeal must be submitted to the Office of Student Conduct within five working business days except in cases of suspension or expulsion when the appeal must be submitted within 10 working business days, after receiving notification of the outcome of the hearing.

• Failure to appeal within the allotted time will render the original decision final and conclusive. Late appeals are not accepted.

• The appeals process is an administrative process.

• Appeals are decided upon the record of the original proceedings and upon written materials submitted by both parties. An appeal is not a rehearing of the case.

• Students are notified of the outcome of the appeal by letter.

For more information, visit the Appeals Guide on the Office of Student Conduct’s Binghamton Website.

• What are the possible outcomes of an appeal?

1. An appeal may:

• Affirm the finding and the sanction6 imposed by the original board.

• Affirm the finding and reduce, but not eliminate, the sanction.

• Assign the case to a new hearing board.

• Dismiss the case.

• In situations wherein an appeal is lodged by a claimant in a sexual misconduct case, the person(s) reviewing the appeal may also affirm the finding and increase the sanction.

For more information, visit the Appeals section of the Code of Student Conduct.