The Conduct Process | SUNY Oswego

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, and 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).

Appeal Processes

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.

Hearing Procedures

Hearing Procedures Outcomes Appeal Processes

Student Rights Rules of Decorum

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.

Office of Student Conduct

501 Culkin Hall

Oswego, NY 13126

Contact

315-312-3378, Fax: 315-312-2503

[email protected]

Hours

M-F, 8am-4:30pm

Summer Hours: M-F, 8am-4pm