Code of Conduct

Actions for which students will be subject to College discipline
Violations of the Student Code of Conduct
Student Disciplinary Procedures
Sexual Violence and other Misconduct Complaint Procedures
Definition of Affirmative Consent
Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases
Students' Bill of Rights
Transcript Notations

Whistleblower Policy

The principles established under this Code will govern the conduct of students on the College campus and any other premises or property under the control of the College used in its teaching, administrative, service, cultural, recreation, athletic, and other programs and activities. In addition, student athletes are subject to the principles of conduct established in the Athletic Code of Conduct and residential students are subject to the principles of conduct established in the Residence Life Handbook.

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 of this Code.

Actions for which students will be subject to College discipline include but are not limited to:

  • Forgery or alteration of College documents, records or instruments of identification or use of same with intent to defraud.
  • 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.
  • 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.
  • 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.
  • All forms of sexual violence and misconduct, which include, but are not limited to acts of sexual harassment, sexual violence, sexual coercion, sexual assault, domestic violence, dating violence, stalking, rape criminal sexual acts, forcible touching, and sexual abuse. Where there is a preponderance of evidence indicating that 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 violence/misconduct may be subject to College disciplinary procedures, whether or not prosecution under New York State law is pending.
  • Theft from or damage to College premises or theft or damage to property of a member of the College community or College premises.
  • Failure to comply with directions of College staff.
  • 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.
  • Disorderly, lewd, indecent or obscene conduct or expression on campus or at a College-sponsored function.
  • 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 organization.
  • Violation of published College regulations.
  • Public intoxication or display of any behavior associated with the abuse of alcohol or drugs.
  • Behavior that is lacking respect for the worth and/or dignity.

Student organizations which operate on the campus or upon the property of the College used for educational purposes are prohibited from authorizing the conduct described above. Student organizations which authorize prohibited behaviors will be subject to College discipline under this Code.

VIOLATIONS OF THE STUDENT CODE OF CONDUCT

Any member of the SUNY CCC community may file a complaint against a student for violations of the Student Code of Conduct. Complaints must be made in writing and directed to the Assistant Dean of Student Services (Assistant Dean). Complaints should be submitted as soon as possible after the event takes place, preferably within thirty days.

  • Complaints of discrimination (including sexual harassment, sexual violence, sexual coercion, sexual assault, rape, criminal sexual acts, forcible touching, and sexual abuse), will be addressed by the Director of Human Resources/Title IX Coordinator under the College's Equal Employment and Educational Opportunity Complaint Procedure
  • Complaints of violation of the Athletic Code of Conduct will be addressed by the Director of Athletics.
  • Complaints of violation of the principles of conduct in the Residence Life Handbook will be addressed by the Director of Student Services.
  • Complaints of violation of Academic Honesty will be addressed by the Provost.
  • Complaints concerning the misconduct of a student organization (concerning hazing and other violations) should be directed to the President of the College.

Except for College-sponsored off-campus programs and off-campus incidents of sexual violence, it is the intent of the College to leave disciplinary action related 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.

Student Disciplinary Procedure

A procedure for handling Student Code of Conduct violations has been established. This procedure guarantees students the right of due process, including the right to appeal.

Sexual Violence and Other Misconduct Complaint Procedure

All complaints of sex discrimination, including sexual harassment, rape, and sexual assault, and sexual violence, will be processed under the College’s Equal Employment and Educational Opportunity Complaint Procedure.

Complaints of dating violence, domestic violence, and stalking will be processed under the procedure for Student Code of Conduct violations.  Additional information for victims/survivors of sexual violence, dating violence, domestic violence, and stalking appears below.  

Definition of Affirmative Consent

Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.  

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.

Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. 

Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.

Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases

The health and safety of every student at the State University of New York and its State-operated community colleges is of utmost importance.  SUNY Corning Community College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith, or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials or law enforcement will not be subject to the College's code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Students' Bill of Rights

In accordance with the Students' Bill of Rights, reporting individuals will have the right to pursue more than one of the options outlined in the College's Response Policy for Sexual Violence and Other Misconduct at the same time, or to choose not to participate in any of the options outlined in that policy.

TRANSCRIPT NOTATIONS

For crimes of violence*, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), the College Registrar will make a notation on the transcripts of students found responsible after a conduct process that they were:

  • "suspended after a finding of responsibility for a code of conduct violation" or
  • "suspended after a finding of responsibility for a Title IX violation" or
  • "expelled after a finding of responsibility for a code of conduct violation" or
  • "expelled after a finding of responsibility for a Title IX violation" or
  • "withdrew with conduct charges pending" for accused students who withdraw from the College while such conduct charges are pending, and declines to complete the disciplinary process or
  • "withdrew with Title IX charges pending" for accused students who withdraw from the College while such Title IX charges are pending, and declines to complete the disciplinary process.

If a finding of responsibility is vacated for any reason, any such transcript notation will be removed.

Appeals seeking removal of transcript notations for suspensions may be submitted in writing to the Assistant Dean of Student Services, provided that such notations will not be removed prior to one year after conclusion of the suspension. Notations for expulsions will not be removed.

*Violations equivalent to the Clery Act (as updated by the Violence Against Women Act Final Regulations) Part I crimes for which transcript notations will be made are: murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson. 

Updated  September 23, 2016

SUNY Corning Community College 
Whistleblower Protection Policy 


Introduction: 
"Whistleblowing" is generally used to refer to the act by an employee of making a disclosure evidencing illegal or improper government activities. Whistleblower laws have been adopted on the federal level to protect Federal employees from retaliatory acts, and similar laws have been adopted by New York State to protect all employees of the State.  


Whistleblower Protection afforded under New York State law: Section 740 of the New York State Labor Law provides protection to employees from retaliatory acts for engaging in the following activities:  

1) reporting a practice of the employer (Corning Community College) that is in violation of law, rule or regulation; or
2) providing information or testimony regarding the violation of law, rule or regulation; or
3) objecting or refusing to participate in any activity, policy or practice in violation of a law, rule or regulation.

Policy:  Corning Community College is committed to affording protection to College employees from retaliatory acts by any College employee or Official for the protected actions listed in the New York State Whistleblower Protection Law (Section 740 of the New York Labor Law). The College strictly prohibits and will not tolerate retaliation against anyone who in good faith makes a complaint of any kind or participates in an investigation of a complaint  
Definitions of College Official: a person employed by the College in an administrative leadership role.  


Procedure Guidelines 
Reporting Responsibility  
It is the responsibility of all employees of the College to comply with the policy and to report violations or suspected violations in accordance with this Whistleblower Policy.  


No Retaliation  
No administrator or employee who in good faith reports a violation of the policy shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within the College rather than seeking resolution outside the College.  


Reporting Violations  
The College maintains an open door policy and suggests that employees share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee's supervisor is in the best position to address an area of concern. However, if an employee is not comfortable speaking with his or her supervisor or is not satisfied with the supervisor's response, such employee is encouraged to speak with someone in the Human Resources Department. Supervisors and managers are required to report suspected violations to the Human Resources office. For suspected fraud, or when the forthcoming employee is not satisfied or uncomfortable with discussing concerns, contact the chief human resources officer, 607-962-9444. Alternatively, reports can be made directly to the President of the College.   
Conflict of Interest 
Conflict of interests will be carefully managed during procedures for the receipt of complaints and while investigations are conducted to protect the reporting party and ensure there is no retaliatory actions.   


Acting in Good Faith  
Anyone filing a complaint concerning a violation or suspected violation of the policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.  


Confidentiality  
Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.  


Procedures 
Any CCC community member (student, faculty, adjunct, full and part time staff) may contact the Executive Director of Human Resources to file a whistleblower complaint in writing. The Executive Director may assist in the write up if needed. 
The complaint will be shared with the President of the College and an initial fact finding process will commence while considering the protection of the whistleblower, conflict of interests, and confidentiality.  Should the Executive Director of Human Resources be identified as the party of concern, complaints should be directed to the President of the College. Should the President of the College be identified as the party of concern, complaints should be directed to the Regional Board of Trustee Chair. 
If sufficient evidence is found, the College will follow procedures as noted in respective collective bargaining agreements and the non-union contract that addresses misconduct and/or insubordination. The College will consider unpaid suspension as an intermediary action should further investigation be needed. The College will follow appeals and grievance procedures as noted by the respective agreements and handbook.