Frequently Asked Questions
Q: What happens when I get documented by RAs, RDs, or the Office of Public Safety?
A: If you are documented (written up) by a member of the Mohawk Valley Community College community, the Office of Civic Responsibilities will receive that report. The report will be reviewed for potential violations of the Student Conduct Code or Residential Life Rules and Regulations. A hearing officer will schedule a meeting with you based on your class schedule to discuss the incident with you. In that meeting, the hearing officer will ask you for information about the incident to determine your involvement in and responsibility for the violation(s). If you are found responsible for violating any section of the Student Conduct Code or Residential Life Rules and Regulations, you will be given sanctions that you will be required to complete. Sanctions can include written warnings, disciplinary probation, community service, attendance at educational workshops and a variety of other activities. More information about sanctions can be found in the MVCC Student Handbook/Policy manual.
Q: What happens if I miss my judicial meeting?
A: If you miss a meeting with your hearing officer, he/she may make a decision on your case without the benefit of your input. If you know you will not be able to attend a meeting, please contact your hearing officer as soon as possible to reschedule. If you miss a meeting, your hearing officer will send you a sanction letter with the outcome of your judicial incident and any sanctions you will need to complete. You are expected to complete any assigned sanctions if you were not at your meeting.
Q: How do I know what I have to do for my judicial sanction?
A: In your meeting with your hearing officer, he or she will discuss with you your sanctions and the deadline by which you need to complete them. After you meet with your hearing officer, you will be sent a letter via email that summarizes your meeting. This letter will include whether or not you were found responsible for any violations and specific information on your sanctions, including your deadlines and any other information you will need to complete them (web address, paper specification, community service contact information, etc.). It is your responsibility to complete your sanctions by the given deadline. If you lose your letter or forget your requirements, you must contact your hearing officer or Judicial Affairs to retrieve that information. Failure to complete your sanctions as outlined in your letter will result in further judicial action.
Q: Can I appeal my Conduct Officers/Residence Director's decision
regarding my judicial incident?
A: If you were sanctioned for violations of the Student Conduct Code or received sanctions of expulsion, suspension, deferred suspension, removal from housing, restriction, or reassignment for violations of the Residential Life Rules and Regulations, you are eligible to request an appeal if you meet the required criteria. The VP for Student Affairs will determine if your appeal should be heard based on if you meet one of the pre-identified requirements (outlined on pages 56-57 of MVCC Student Handbook). If you fail to meet one of the criteria your appeal request will not be heard and an email/letter will be sent to you letting you know the outcome.
Q: What is a Disciplinary Appeals Board (DAB) hearing?
A: A Disciplinary Appeals Board (DAB) is a formal judicial appeal hearing. Students who are charged under the Student Conduct Code or students who are charged under the Residential Life Rules and Regulations and receive a sanction of expulsion, suspension, and deferred suspension, removal from housing, restriction, or reassignment are eligible to request a disciplinary appeal to the VP for Student Affairs. It will be determined if the DAB will hear the case or not. Hearing officers for DAB hearings are called Board members. There are nine faculties, five students (two commuter, three Residence Hall or three commuter and two Residence Hall students).
Q: Where should I turn in any papers or
projects I had to complete as part of a judicial sanction?
A: You should turn all judicial paperwork into the Civic Responsibilities/Judicial Affairs office in Payne Hall room 347, unless otherwise specified by your hearing officer. If sanctioned by one of the Residence Life staff you should submit all data to the appropriate office in Residence Life.
Q: What happens if I don't complete my judicial sanction?
A: If you do not complete an assigned judicial sanction you will be subject to further judicial consequences. These may include being reassigned the original sanction as well as additional sanctions. If you think you are going to have trouble completing your sanctions by your assigned deadline, please contact your hearing officer as soon as possible to discuss the situation.
Q: What is Judicial Probation and how will it affect me?
A: Judicial Probation is a formal written notice that a student is in poor judicial standing with the College. Students who are on or have been on Probation may receive greater judicial sanctions if they have further violations of the MVCC Student Conduct Code or the Residential Life Rules and Regulations. Judicial Probation could also result in a loss of privileges within the College community, including consideration of eligibility for an MVCC study abroad program or trips sponsored by Student Activities Clubs. In addition, Judicial Probation may affect your eligibility to hold leadership roles in various organizations (Student Government/Senior Class/Residence Life).
Q: Do my parents get notified if I have a judicial incident?
A: The College reserves the right to notify the primary caregiver of judicial incidents and sanctions in accordance with FERPA. The student and primary caregiver can sign a waiver giving the institution the right to communicate judicial information with the primary caregiver. If a student's ability to remain in housing or at the college is in jeopardy, his or her primary caregiver will be notified. Additionally, if there is a concern for the student's health and safety or how the student is impacting the community, primary caregiver will be notified. The College uses primary caregiver notification as a helpful tool for creating partnerships and opportunities for success for our students.
Q: Why did I get a different judicial outcome than
someone who did the exact same thing?
A: Many factors impact how sanctions are determined for individual students, including their level of involvement in an incident and their previous judicial history.
Q: How long are my judicial records maintained?
A: Judicial records are kept until you graduate or for six years after your separation from the College. Expulsions are maintained indefinitely.
Q: If I have a problem, where do I begin?
A: Student complaints may be directed to the Division in which the complaint originates. Campus related & Student Affairs oriented complaints may be directed to the MVCC Public Safety Office which in turn will be reported to the Director of Civic Responsibilities. Academic complaints should be reported to the appropriate center Assistant Dean to hear the case. If needed the Center Assistant Dean and Director of Civic Responsibilities will adjudicate/mediate the case.
Student appeals (grades, discipline, rules violation, educational record, and admissions) may be processed utilizing the normal http://www.mvcc.edu/student-policies/residence-halls-judicial-procedures.
Student Appeals and Complaints: Please refer to the MVCC Student Handbook; click this link to view the handbook on line: http://www.mvcc.edu/MarComm/publications-1/student-handbook/student-handbook-2014-15
Q: What is the Student Due Process?
A: Mohawk Valley Community College holds firm to the philosophy that matriculation in college does not deny any rights of citizenship to a student. At the same time, matriculation in college does not relieve a student of the essential responsibilities of citizenship. Thus, the College is constantly aware of the joint responsibilities, shared by the student body and the College, to uphold the principles of "due process" in all disciplinary action.
It is the College's intention to foster and promote an environment of cooperation among faculty, staff, and students. However, conflicts that require third-party intervention sometimes exist. While there are formal processes for resolving conflicts, it is the goal of the College to achieve resolution as rapidly and as close to the origin of conflict as possible through mediation. To this end, the Vice President for Student Affairs/Dean of Student Affairs (or his/her designee) and/or the Director of Civic Responsibilities and Associate Dean of Student & Residence Life are available to assist with mediating situations at their lowest level or to direct the parties involved to the person(s) or department(s) that can best mediate the occurrence. This mediation is predicated on the voluntary agreement of both parties. Matters that are considered too extreme may require immediate referral to the formal process.
Due Process is the guarantee of student civil rights under the Constitution of the United States and the laws and regulations of New York and Mohawk Valley Community College. Due Process is that process which prevents rights from being taken away from an individual without "notice" and an "opportunity to respond" to the allegations. Any questions regarding Due Process should be directed to the Director of Civic Responsibilities (or his or her designee).
Q: What is the Student Appeals Processes?
A: An "appeal" is defined as a request to review a previous decision and/or the process used in reaching the decision. The line of appeal to be followed will depend upon the type of case involved. The appeal request form can be found at: www.mvcc.edu/student-policies/judicial-appeal-form. In all cases, students are required to state their appeal in writing at the time they begin the appeal process. The following describes the different types of cases and the appropriate lines of appeal to be used in each case. For disciplinary issues, or issues dealing with misconduct, the process described in the Student Code of Conduct, www.mvcc.edu/board-procedures/section-3/3-4. will be used. Appeals that have gone through the entire line of appeal are considered final and binding on all parties involved.
What should I do if I have a tuition refund and have been suspended/dismissed from MVCC?
Students may experience situations that prohibit them from being eligible to receive a refund for part or all tuition paid for a semester beyond the published refund periods. If you have questions regarding this matter please contact the MVCC Financial Aid Office at 315.792.5415 or the Civic Responsibilities Office at 315.731.5812.
Q: What are Judicial Sanctions & how are they levied?
In cases of noncompliance with the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the College community. Progressive discipline principles will be followed in that the student's prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the following: (Pages 54 – 56 of MVCC Student Handbook)
a. Verbal Warning - Student is given a verbal warning and a notation is made in the student's disciplinary file.
b. Written Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
c. Judicial Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
d. Restrictive Measures - Denial of specified privileges for a designated period of time.
e. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
f. Community Service - Work assignments, essays, service to the College, or other related discretionary assignments.
g. Educational Sanctions: Educational sanctions may include but not be limited to the following:
1. A formal apology in writing and/or in person;
2. A public presentation;
3. A behavioral contract between the student and the College specifying the behavioral requirements to be followed while the student is enrolled at the College;
4. A reflective essay on a designated topic;
5. A referral to the Counseling Department in order for the student to gain insight into his/her behavior;
6. Alcohol and or drug education;
7. Participation in college-sponsored events, activities or programs;
8. Participation on community-sponsored events, activities or programs.
h. College Suspension - Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
i. College Dismissal - Separation of the student from the College for a specific period of time. The dismissed student will also be banned from the College and Residence Halls. If the student violates the ban they will be arrested for trespassing according to Section 140.05 of the Penal Law of New York State and charged $250.00. A Vice President for Student Affairs HOLD will be placed on the student’s account.
j. College Expulsion - Separation of the student from the College permanently. The student will also be banned from the College and Residence Halls. If the student violates the ban they will be arrested for trespassing according to Section 140.05 of the Penal Law of New York State and charged $250.00. A Vice President for Student Affairs HOLD will be placed on the student’s account.
1. 1. Interim suspension may be imposed only in the following circumstances:
a. To ensure the safety and well-being of members of the College community or preservation of College property; or
b. To ensure the student's own physical or emotional safety and well-being; or
c. If the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
2. Immediate suspension will take effect immediately upon the direction of the Director of Civic Responsibilities (or his or her designee) and last for no more than 10 days. The 10-day period may be extended for good cause by the Director of Civic Responsibilities (or his or her designee) or by agreement with the student.
3. During the immediate suspension, a student be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Director of Civic Responsibilities (or his or her designee) may determine to be appropriate.
4. The immediate suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through the completion of the Judicial Board/VP for Student Affairs Hearing, if required.
Director Civic Responsibilities
Chief Conduct Officer, Judicial Affairs and The New Directions Program