The College upholds local, state, and national laws. The College will not condone unlawful conduct, and it will not protect students from their obligation to uphold the law. In addition, the College will provide no sanctuary for those who violate the law, and it will cooperate with appropriate health and law enforcement agencies. Some very specific applications of this principle are that students will be subject to discipline for the use, possession, sale, or transfer of illegal drugs, sexual abuse, hate crimes and hazing, and may also face civil prosecution for violations.
The principles of integrity, respect and ethical behavior are long standing traditions at CCC. It is expected that all students will recognize these values and adhere to all aspects of student conduct and academic honesty inside and outside of the classroom. The act of academic dishonesty is one in which a student is trying to gain an unfair academic advantage or is avoiding actions required by a course, which have been designed to improve some aspect of the student’s education.
Knowingly and willfully aiding or collaborating with a student in the violation of an Academic Honesty policy, even if not personally committing any violation, is considered academic dishonesty. The following list describes various instances or actions that the
College considers to be acts of academic dishonesty. While trying to be thorough, this list is not absolute. It is up to the practical
judgment of faculty and students to consider cases that are not included here.
Examples of Violations of Academic Honesty include, but are not limited to the following:
- Plagiarism occurs when a person presents another’s ideas, information, words, artwork, films, music, graphs, images, data or statistics as if they were his or her own creation. Plagiarism is a form of theft and is cheating.
- When a person copies material from a published source, such as a periodical, encyclopedia, book or downloads a passage from an Internet source and presents that information without proper documentation (reference or quotation) in a paper or project, then that person has committed plagiarism. Even if the content or wording has been slightly changed, a little plagiarism is still plagiarism. If a person submits a paper or project in satisfaction of a course assignment that was authored or researched in part or in whole by someone else, then that person is guilty of plagiarism.
- Using prohibited materials such as the use of other students’ work, past papers, reports or lab documents without the specific permission of the instructor.
- Using notes or information in any form when not specifically permitted. Using programming functions of calculators, memory in PDA’s, cell phones, laptops or any other handheld computing device without authorization from the instructor.
- Gaining or providing unauthorized assistance on term papers, reports, projects, research data, take-home tests, quizzes or homework turned in for grading.
- Having another person represent himself or herself as you during a course, examination or activity.
- Receiving information from another student or communicating in any way during an examination, quiz or other course activity when not authorized by the instructor.
- Stealing or otherwise receiving information, questions or answers for an examination, quiz or other course activity when not authorized by the instructor.
- Intentionally impairing the work of another student or instructor.
- Forging or altering college records or documents.
When a violation of the Academic Honesty policy is suspected, it is the instructor’s responsibility to investigate the incident and determine the severity and intent of the violation. The actions an instructor may take include, but are not limited to: discussing the incident with the student in question, discussing the incident with other students, literary or document research, requesting additional information or supporting documents. This investigation must be done in a timely fashion but has no limits based on the nature of the investigation. If the instructor concludes that an offense has occurred, the instructor will determine an appropriate penalty using his or her judgment as to the severity and intention of the infraction. Because the instructor will typically not be aware of a student’s behavior or violations to CCC policy in previous or concurrent courses, the penalty will be assessed by the instructor based on the student’s activity and conduct in this course alone.
Examples of penalties include, but are not limited to the following:
- Receiving a verbal warning
- Receiving a written warning
- Partial grade out of the total possible for the assignment
- Recreate or retake an assignment or assessment activity
- Receiving a zero or F on an assignment or assessment activity
- Expulsion from and receiving an F grade for the course
Documentation of the academic dishonesty violation should be forwarded to the Office of the Vice President and Dean of Academic Affairs. If a student disagrees with an instructor’s findings regarding a violation to the Academic Honesty policy, he or she may follow the steps outlined for disputing a grade under Grading Practices. This process is intended to allow the student to address the dispute in an organized manner and through several levels of CCC’s organization. If, after proceeding through this process, the matter has not been resolved to the satisfaction of the student, he or she may request a hearing before the Student Judiciary Board through the Vice President and Dean of Student Development. The process is detailed under the Student Judiciary Process.
Maintaining Public Order
1. Limits to the application of College discipline shall be applied to student misconduct which adversely affects the College community’s pursuit of its educational objectives, defined as follows:
a. The opportunity of all members of the College community to attain their immediate and long-range educational goals.
b. The generation and maintenance of an intellectual and educational atmosphere throughout the College community.
c. The protection of the welfare, health, personal safety and property of all members of the College community and the College itself.
2. Matters of extenuating circumstances surrounding the violation shall be taken into account in determining the question of and/or nature of the sanction. Inappropriate sanctions shall not be imposed. Past behaviors and/or violations may be reviewed and considered before a sanction is rendered.
Misconduct and Discipline
1. Misconduct for which students will be subject to College discipline:
a. Forgery or alteration of College documents, records or instruments of identification or use of same with intent to defraud.
b. Intentional obstruction or disruption of teaching, research, administrative functions or disciplinary proceedings or other College activities, including public service functions and other authorized activities of the College.
c. Abuse of any person, College premises, or at College sponsored or College supervised events or conduct which threatens or endangers the health or safety of any such person.
d. Hate crimes, also called bias crimes or bias-related crimes, involving criminal activity motivated by the perpetrator’s bias or attitude against an individual or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, gender, sexual orientation or disability. Penalties for these 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. Students who are perpetrators of such crimes will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.
e. Sexual assault, including sexual misconduct, rape, criminal sexual acts, forcible touching, sexual abuse and aggravated sexual abuse. Where there is probable cause to believe such misconduct has occurred, strong disciplinary action will be pursued, including the possibility of suspension or dismissal from the College. An individual charged with sexual misconduct may be subject to College disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending. Students found responsible for sexual misconduct violations may receive sanctions up to and including suspension or expulsion from the College. Corning Community College will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student who is the alleged perpetrator of such crime or offense.
f. Theft from or damage to College premises or theft or damage to property of a member of the College community or College premises.
g. Failure to comply with directions of College officials acting in proper performance of their duties; i.e., any requirement or request to desist from specified activities outside the scope of authority of the person issuing the requirement.
h. Use by any student or student organization of the College name or a claim to speak or act in the name of the College or a College-related organization without due authorization.
i. Disorderly, lewd, indecent or obscene conduct or expression on campus or at a College-sponsored function.
j. Hazing: Any action taken by any student or participation 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
k. Violation of published College regulations.
l. Public intoxication or display of any behavior associated with the abuse of alcohol or drugs.
m. Behavior that is lacking respect for the worth and/or dignity of others.
2. Misconduct for which organizations will be subject to College discipline. Organizations which operate upon the campus or upon the property of the College used for educational purposes shall be prohibited from authorizing the conduct described above.
Except for College-sponsored off campus programs, it is the intent of the College to leave disciplinary action with respect to off campus offenses of students to civil authorities. However, there may be certain off campus offenses that by their very nature pose a serious threat or disruption to the College community. In such cases, the College reserves the right to take appropriate action. All students are required to uphold the policies and guidelines contained in the Residence Life Handbook.
Standards and Rights Regarding Student Misconduct
1. Any member of the CCC community may file charges against a student for violations of the Student Code. A charge shall be prepared in writing and directed to the Vice President/Dean of Student Development or his/her designee. Any charge should be submitted as soon as possible after the event takes place, preferably within thirty days.
2. The Vice President/Dean of Student Development may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Vice President/Dean of Student Development. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Vice President/Dean of Student Development may call a meeting of the Student Judiciary. If the student admits violating college rules, but sanctions are not agreed to, a Student Judiciary meeting may be called to determine the appropriate sanctions.
3. All charges shall be presented to the Accused Student in written form at least 24 hours in advance of a called hearing of the Student Judiciary.
4. Student Judiciary hearings shall be conducted according to the following guidelines:
a. Student Judiciary hearings shall be conducted in private.
b. The Complainant and the Accused Student have the right to be assisted by an advisor. The advisor must be a current student, staff, or faculty member of Corning Community College. The Complainant and/or the Accused Student is responsible for presenting information
relating to the hearing, and therefore, advisors are not permitted to speak or to participate directly in any of the procedures of the Student Judiciary.
c. The Accused Student and his/her advisor, if one has been selected, shall be allowed to attend the entire portion of the hearing at which information is received, excluding deliberations. Admission of any other persons to the hearing will be based on relevance to the hearing and shall be at the discretion of the Student Judiciary Board.
d. In the event that Student Judiciary hearings involve more than one Accused Student, the Student Judiciary, at their discretion, may permit the hearings concerning each student to be conducted either separately or jointly.
e. The Complainant, the Judicial Administrator, the Accused Student and the Student Judiciary Board may arrange for witnesses to present pertinent information to the Student Judiciary. The Student Judiciary reserves the right to limit testimony.
f. Pertinent records, exhibits, and written statements may be accepted as information for consideration by Student Judiciary at the discretion of the chairperson.
g. All procedural questions are subject to the final decision of the chairperson of the Student Judiciary.
h. After the portion of the Student Judiciary Hearing concludes in which all pertinent information has been received, the Student Judiciary shall determine (by majority vote) whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
i. The Student Judiciary’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.
j. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Judicial proceedings.
5. There shall be a single, verbatim record, such as a tape recording, of all Student Judiciary hearings (not including deliberations). Deliberations shall not be recorded. The record shall be the property of Corning Community College – all other notes made by members of Student Judiciary will be collected by the Judicial Administrator and shredded.
6. The Accused Student(s) may forfeit their right to participate in the hearing; however, the Student Judiciary reserves the right to hold the hearing in his/her absence.
7. The Student Judiciary may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Judicial Administrator to be appropriate.
8. Confidentiality – the proceedings of all disciplinary hearings at Corning Community College are closed and will remain confidential within the disciplinary system except as provided by law.
Judicial Procedures and Processes
The judiciary procedure guarantees students the right of due process, including the right to a hearing and the right to appeal. Two
judicial processes have been established to respond to violations of the Code of Student Conduct: 1) Administrative Process, and 2)
Student Judiciary Process.
1. Administrative Process:
If during the investigation of a specific misconduct charge by the Public Safety Office, the Vice President and Dean of Student Development, or Vice President and Dean of Academic Affairs, the charged student freely admits guilt and signs a statement to this effect, the student shall be advised prior to admitting guilt that he/she is waiving the right to a hearing before the Student Judiciary Board.
Interim Suspension: In the event of a serious violation of the policies and procedures of CCC or where there is reason to believe the continued presence of a student is a threat to the health, safety or welfare of CCC community members or himself/herself, an emergency suspension may be issued by the Vice President and Dean of Student Development or a designee. This suspension shall be immediate and remain in effect until the conclusion of a hearing. An interim suspension may be imposed: to ensure the safety and well-being of members of the CCC community or preservation of CCC property; to make certain that the student's own physical or emotional safety and well-being is appropriate; or if the student possesses an ongoing threat of disruption of, or interference with, the normal operations of the College.
During the interim suspension, a student may be denied access to any property owned or controlled by CCC; any class (including Internet classes); or all other CCC activities or privileges for which the student might otherwise be eligible. The interim suspension does not replace the normal discipline process.
2. Student Judiciary Process:
The following process has been approved by the College Association and the Regional Board of Trustees.
The Student Judiciary at CCC shall be made up of the following:
1. Three full-time Faculty Assembly members will be elected at the yearly Faculty Assembly election in the spring of each year. The Joint Council shall appoint, from the full-time Faculty Assembly membership, when vacancies exist. Appointees shall serve the remainder of the term of the person they are replacing.
2. Ten students will be elected each year in a general student election to serve as student magistrates. The student magistrates will serve one year. The Student Association shall hold a special election, as needed, when the pool of student magistrates falls below six members. The students elected to fill vacancies shall serve the remainder of the term of the person they are replacing. For each judicial case, four student magistrates will be selected by the Vice President and Dean of Student Development in the following manner:
a. All ten students elected will be interviewed by the Vice President and Dean of Student Development to see if a conflict of interest exists.
b. If a conflict exists, the student will be dismissed from the case in question but remain a magistrate for future cases.
c. Four student magistrates will be selected from those eligible by the Vice President and Dean of Student Development using a blind draw method.
d. One of the four student magistrates selected will serve as the Chief Magistrate. The Chief Magistrate will be determined by a vote of the seven member Student Judiciary (4 students, 3 Faculty Assembly members).
3. In the case of illness of one of the students or Faculty Assembly members, the Student Judiciary can proceed and function. If more than one student or Faculty Assembly member is ill, then such vacancies must be filled by appointment as outlined in 1 and 2 above.
4. If a hearing is necessary outside of the Fall and Spring semesters, the Vice President and Dean of Student Development shall adjudicate discipline matters.
5. A tape recording or transcript will be made of all proceedings.
6. The decision reached by the Student Judiciary will be recommended to the Vice President and Dean of Student Development. The Vice President and Dean of Student Development shall render the recommendation of the Student Judiciary as the decision in the case.
Procedures for disciplinary hearings are available in the Office of the Vice President and Dean of Student Development, Commons Building, Room M238.
Violation of the Student Code of Conduct may result in one or more of the following sanctions:
Letter of Warning: Warning that future violations could result in additional judicial action.
Social Probation: Restriction from participation in student sponsored activities.
Disciplinary Probation: Prohibition or restriction from participation in college and student sponsored activities and/or buildings.
Suspension: Removal from college property for a specified period of time.
Expulsion: Permanent removal from all college property.
Notification to Others: to more effectively identify behavior patterns, there are times when those with a "need to know" are notified about a student's involvement, or alleged involvement, in an incident. To the extent allowed by FERPA (Family Education Rights and Privacy Act), this "need to know" may include administrators, faculty, advisors, counselors, coaches, and health and wellness professionals. Those considered "need to know" are determined by the Vice President and Dean of Student Development on a case-by-case basis.
1. The decision of the Vice President and Dean of Student Development may be appealed. Such an appeal must be made in writing and submitted to the Student Development Office within 72 hours of the written notification of the decision of the Vice President and Dean of Student Development. For just cause, the Vice President and Dean of Student Development may waive the 72-hour requirement. Such letter of appeal must contain the reasons for the appeal. Normally, appeals are made for three reasons:
a. New evidence
b. Violation of due process
c. Improper penalty
The Vice President and Dean of Student Development shall forward the letter to the Chairperson of the Student/Faculty Board of Appeals.
2. The Student/Faculty Board of Appeals shall consist of three students, three Faculty Assembly members and three administrators. The student members shall be appointed by the Student Association Executive Board and shall not be the same students serving as student magistrates at the time. The Faculty Assembly members shall be appointed by the Joint Council and shall not be the same Faculty Assembly members serving on the Judiciary at the time. The administrative members shall be appointed by the Vice President and Dean of Academic Affairs and shall not be the same administrators serving on the Judiciary at the time. Any vacancy shall be replaced by appointment: students by Student Association Executive Board, Faculty Assembly members by the Joint Council, administrators by the Vice President and Dean of Academic Affairs. The Student/Faculty Board of Appeals shall serve for the duration of the appeal. The Chairperson of the Board shall be elected by the members of the Board.
3. The appeal hearing shall be convened within 30 days after the receipt of the written appeal. Extension of this date may be granted by mutual agreement of the Vice President and Dean of Student Development and the accused. However, no hearing shall be commenced later than 60 days after the end of the semester—as determined by the date for the last day of classes—during which the incident occurred.
4. The Appeals Board shall review the case, hear testimony if deemed appropriate by the Board, consider disciplinary action and render a majority decision to either uphold, reject or modify the action of the Student Judiciary as rendered by the Vice President and Dean of Student Development. In the hearing, both the accused and the accuser shall have the right of representation of one advisor of their choice as long as the advisor is a student or a member of the CCC faculty and/or staff.. The right to call additional witnesses may be
granted by the Board.
5. A transcript of all testimony at the hearing, in the form of a tape recording, is required and will be available upon request to the accused and accuser. The Board shall communicate its conclusion and recommendation in writing within 24 hours after completing the hearing to the Vice President and Dean of Student Development and he/she will submit the results to the President of the College. The Board’s recommendation shall be one of the following:
a. Reject the appeal
b. Recommend a modified penalty
c. Recommend the accused be exonerated of the charges
The Board shall include, in its written recommendation to the President, the reasons for its decision and the justification for its recommendation. Both the accused and the accuser shall have the right to file, within 24 hours of the conclusion of the hearing, a post hearing statement with the President. The President shall review, as promptly as possible, the recommendation of the Appeals Board and post hearing statements, if submitted. In addition, the President will review the original decision of the Student Judiciary and shall render a final decision of the case. The President’s decision represents the final decision of the appeals process.
Proceedings for an Organization’s Misconduct
1. The President of the College shall be responsible for the enforcement of provisions concerning hazing and such responsibility may be exercised by any designee appointed by the President.
2. Whenever the President has determined on the basis of a complaint or on personal knowledge that there is reasonable ground to believe that there has been a violation of this provision by any organization, the President shall prepare or cause to be prepared written charges against the organization which shall state the provisions prescribing the conduct and shall specify the ultimate facts alleged to constitute such violations.
3. Such written charges shall be served upon the principal officer of the organization by registered or certified mail, return receipt requested, to the organization’s current address and shall be accompanied by a notice that the organization may respond in writing to the charges within ten days of receipt of said notice. The notice of the charge so served shall include a statement that the failure to submit a response within ten days shall be deemed to be an admission of the facts stated in such charges and shall warrant the imposition of appropriate penalties. The response shall be submitted to the President or his designee and shall constitute the formal denial or affirmation of the ultimate facts alleged in the charge. The President or his designee may allow an extension of the ten-day response period.
4. Upon written request by an authorized representative of the organization, the President shall provide the organization representative an opportunity for a hearing. A hearing panel designated by the President or his designee shall hear or receive any testimony or evidence which is relevant and material to the issues presented by the charge and which will contribute to a full and fair consideration thereof and
determination thereon. The organization’s representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The hearing panel shall submit written findings of fact and recommendations for disposition of the charge to the President or his designee within twenty days after the close of the hearing.
5. Final authority to dismiss the charges or to make a final determination shall be vested in the President. Notice of the decision shall be in writing; shall include the reasons supporting such decision; and shall be served on the principal officer of the organization by mail in the manner described in paragraph three above within a reasonable time after such decision is made. An organization which authorized prohibited conduct described under Hazing, shall be subject to the rescission of permission to operate upon the campus
or upon the property of the College used for educational purposes. The penalty provided in this subdivision shall be in addition to any penalty which may be imposed pursuant to the penal law and any other provision of law, or to any penalty to which an individual may be subject pursuant to this subdivision.
The provisions prohibiting hazing activities shall be deemed to be part of the bylaws of all organizations which operate upon the campus of the College or upon the property of the College used for educational purposes. Each such organization shall review its bylaws annually with individuals affiliated with the organizations.
Copies of the regulations which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in the College.