SUNY Oswego home page

The Conduct Process

If you have been documented for a possible violation of the Code of Conduct, there are several possible options for resolution, depending on the circumstances. It’s important that students and organizations understand their options and rights.

Preliminary Review

Once an incident has been reported to Student Conduct, the Director of Student Conduct or their designee will conduct a preliminary review into the nature of the incident, the evidence available, and the parties involved. The preliminary review may lead to a determination that there is insufficient evidence to proceed, no indicated policy violations, or require further investigation when it is clear more information must be gathered.

Alternative Resolutions

The Director of Student Conduct or designee has the discretion to determine whether a report may bypass the conduct process and be resolved through an alternative resolution. Alternative resolution options include, but are not limited to:

Mediation

A process in which two individuals or groups meet to resolve a conflict with the facilitation and help of a neutral third party. Mediation sessions are conducted confidentially and safely by the Dean of Students, Director of Student Conduct, or affiliates who have been trained to assist people in airing their concerns, clearing up misunderstandings, and arriving at a resolution that is agreeable to all parties. In order to ensure neutrality, the mediators assigned to each case are approved by all of the parties involved. Participation in the mediation process is voluntary. Student Conduct cannot force any person to agree to mediation or attend sessions.

Restorative Conference

A restorative conference is a highly structured process for addressing behavior that has caused harm to one or more parties. A trained facilitator guides the discussion to assist parties in collaboratively identifying a means of resolution that holds the offending party proportionately accountable for the harms they caused. Individuals must agree to participate in a restorative conference and will be required to attend a preparatory meeting with the designated facilitator in advance. Parties are permitted to bring one support person to all meetings with the facilitator and to the restorative conference. For matters where a mutually agreeable resolution cannot be reached, the offending party may be referred to the conduct process to resolve any potential violations of the Code.

Educational Conversation

An alleged violation of the Code may be resolved via an educational conversation with the parties involved without being referred to a formal resolution procedure. During these meetings, participants will be invited to explore the impact of their actions, take accountability for any offending behavior, and achieve a greater sense of what it means to be a part of the Oswego community. Educational conversations are meant to be a constructive dialogue that enhances a student’s awareness of the rights and responsibilities of all community members. Formal sanctions will not be issued, though participants may be referred to campus resources to receive additional support.

Notice of Charges

Respondents will be notified in writing of the charge(s), the approximate date, time, and location of the alleged incident, the nature of the conduct, and the alleged university policies to have been violated. The charge letter will include a date, time, and location for any meetings that are scheduled as part of the formal resolution process. 
**Respondents have the right to be accompanied to all meetings by an advisor of their choosing! 

Incident Review Meeting

An incident review meeting is the first step in the formal resolution process. This meeting between the accused party (respondent) and The Director of Student Conduct or designee exists to allow respondents to review alleged violations of the Code and supporting documentation. Student organizations and athletic teams may select a current member to represent them through all stages of the disciplinary process; otherwise, such responsibility shall default to the president/captain. The respondent is welcome to be accompanied by an advisor of their choosing at this and any other step in the conduct process. At this meeting, the respondent will be invited to review and discuss their prior cases, if any, and will be encouraged to ask questions about the report and the options available within the student conduct process. Proposed sanctions, to be applied if the respondent is responsible for the violation(s), will also be discussed. The respondent may also provide additional information (such as written documents, photographs, audio/video files, etc.) to be added to the disciplinary file, which will then become a permanent part of that file. Incident review meetings may be recorded. At the conclusion of the incident review meeting, the respondent will be presented with the following options:

Resolution Agreement

To accept responsibility for violating the Code of Conduct and accept the sanction(s) discussed in the incident review meeting. Students will have two business days to consider the outcome being presented and provide a response.

Appeal of Sanctions

To accept responsibility for violating the Code of Conduct but reject certain sanction(s) discussed as inappropriate or unreasonable. The respondent will receive notice that they have accepted responsibility for violating the Code of Conduct as well as a complete list of the sanction(s) that were discussed and the process for requesting different sanction(s).

Request an Administrative Hearing

To deny responsibility for violating the Code of Conduct and request an administrative hearing. A respondent who denies responsibility for violating the Code of Conduct retains the right to both an administrative hearing and an appeal.

Appealing Sanctions

  1. The respondent must submit an Appeal of Sanctions to the Office of Student Conduct within five business days of the date on which the decision was sent. Should the respondent fail to submit this request within five business days, the proposed sanctions will be applied, no appeal will be considered, and the case will be closed.
  2. To appeal sanctions, the appeal:
    1. Must explain why the proposed sanctions are inappropriate or unreasonable. The appeal may include what sanctions the respondent feels are appropriate;
    2. Shall be prepared by the respondent, who may utilize the assistance of an advisor;
    3. Must be typed and is limited to ten double-spaced pages with one-inch margins and a 12-point font; and
    4. Shall not include character descriptions or cite authorities outside the university.
  3. If the sanctions being appealed do not include suspension, expulsion, housing removal, or housing suspension, the appeal will be heard by a single appellate officer who will be either the Director of Student Conduct, the Dean of Students, or their designee. When sanctions include suspension, expulsion, housing suspension, or housing removal, the appeal will be heard by an Appellate Board.
  4. Appellate Boards are composed of three campus community members trained by the Office of Student Conduct and may include staff, faculty, and students. Whenever possible, boards include at least one student representative. An Office of Student Conduct staff member serves as the non-voting Appellate Board Chair.
  5. At the discretion of the Appellate officer or Board Chair, all pages beyond the ten-page limit may be disregarded, or the entire appeal may be rejected if it does not meet the criteria listed above.
  6. Upon receipt of the Appeal of Sanctions, a copy of the appeal may be sent to any other party deemed appropriate by the university, including the complainant (if applicable). These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within five business days of the date on which the appeal was sent.
  7. The written request, responses from all appropriate parties, and the respondent’s entire disciplinary file will be reviewed in a closed meeting by an Appellate officer or Board.
  8. The Appellate officer or Board, by majority vote, may decide to;
    1. Deny the Appeal of Sanctions and apply the sanctions discussed in the incident review meeting; or
    2. Grant the Appeal of Sanction(s) and reduce or otherwise limit the sanctions discussed in the case intake meeting. A reduction in penalty or duration may be accompanied by the inclusion of educational interventions.
  9. The Appellate officer or Board’s decision is final and will be implemented immediately. The respondent will receive notice of the decision within ten business days of the appeal being heard, barring any delay. The complainant (if any) may receive notice of the decision and any sanction which affects them. The decision may be forwarded to any other appropriate party who responded to the appeal. Copies of these notices will be entered into the student’s disciplinary record.

Frequently Asked Questions

What if I miss my incident review meeting or forget to reschedule?

A respondent who chooses not to attend an incident review meeting waives their right to have their perspective heard on the incident(s) in question and may be found responsible based on a preponderance of available evidence, including, but not limited to, information from the reporting party. Sanction(s) will be applied without the respondent’s input. The respondent will be notified of the outcome, including the sanctions applied. The respondent will retain the right to appeal.

Why wasn’t I offered an alternative resolution instead?

If the Office of Student Conduct determines the report is best handled via a method other than formal adjudication (such as alternative dispute resolution or restorative practices), notice regarding such method will be sent to the involved parties. The process, timeline and outcomes reached through alternative methods may be different than those described for formal resolution.

What if I don’t have an advisor?

This can be any person of your choosing to accompany you to meetings held as part of the conduct process. Some individuals may choose a parent, coach, faculty member, friend, or attorney (at their own expense). It is not required to have an advisor except in Title IX-related cases. If you require assistance finding an advisor, contact the Office of Student Conduct to request a list of available advisors.

Will my parents be notified about this?

In certain circumstances, there are exceptions to FERPA that would allow the Office of Student Conduct to notify your legal guardian of an incident that has occurred. If you are 17 years or younger, it is more likely that your legal guardian will be notified.

What if I don’t complete the sanction(s) given to me?

A hold will be placed on your student account, blocking registration for courses and/or withdrawal. Graduating seniors may be unable to apply for and participate in graduation ceremonies. A notation may be placed on a student’s transcript that they left the institution with outstanding sanctions.