/Institutions/Rockland-Community-College/json/2018-2019/Catalog-local.json

/Institutions/Rockland-Community-College/json/2018-2019/Catalog.json

2018-2019 Rockland Community College Online Catalog > Academic Policies > Sexual Violence Response Policy > Student Conduct Process

Student Conduct Process

1. Conduct proceedings are governed by the procedures set forth in the Rockland Community College Student Code of Conduct, as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions.
2. Throughout conduct proceedings, the respondent and the reporting individuals will have:
   1. The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
   2. The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is "not responsible" until a finding of responsibility if made, and other issues related to sexual assault, domestic violence, dating violence, and stalking. Absent extenuating circumstances, review and resolution of a complaint is expected to take place within sixty (60) calendar days from receipt of the complaint. All deadlines and time requirements in the Code may be extended for good cause as determine buy the Vice President of Student Services. Both the reporting individual and the respondent will be notified in writing of the delay, the reason fro the delay, and provided the date for the new deadline or event, which shall not exceed ten (10) business days;
   3. The right to an investigation and process conducted in a manner recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest;
   4. The right to receive advanced written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific Code of Conduct provisions alleged to have been violated, and possible sanctions;
   5. The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) days except when law enforcement specifically requests and justifies a longer delay;
   6. The right to offer evidence during an investigation and to review available relevant evidence in case file (or otherwise held by the College);
   7. The right to present evidence and testimony at a hearing, where appropriate;
   8. The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing, or testifying with a room partition;
   9. The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in College disciplinary stage that determines responsibility.  Past findings of domestic violence, stalking, or sexual assault may be admissible in the disciplinary state that determines sanction;
   10. The right to ask questions of the decision-maker and via the decision-maker indirectly request responses from other parties and any other witnesses present;
   11. the right to make an impact statement during the point of the proceeding where the decision-maker is deliberating on appropriate sanctions;
   12. The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanction and the rationale for the decision and any sanctions; appeal procedures; and any change to the result that may occur prior to the time the the result becomes final. If the alleged victim is deceased as a result of the crime or offense, RCC will provide the results of the disciplinary hearing to the victim's next of kin, of so requested;
   13. The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal;
   14. Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest;
   15. The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years. Contact the Vice President of Student Services, Technology Center Room 8129 (845-574-4206);
   16. The right to choose whether to disclose or discuss the outcome of a conduct hearing;
   17. The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.