Conduct Process Overview

An appeal is the process to request a review of the original student conduct outcome. The Referred Party has the right to submit one application for appeal to the Director of Student Advocacy and Accountability. In cases of Sexual Misconduct, both parties have the right to appeal. An appeal does not rehear a student conduct case, but rather, determines if the conclusion reached in the original case is valid based on substantiation of a procedural error, new evidence, or the severity of the sanction:

1. Procedural Error: Procedural error occurs when the process and policies outlined in Student Community Rights and Responsibilities (Student Code of Conduct) are not followed, and as a result, the outcome of the case was significantly impacted.
2. New Evidence: This refers to new evidence that was unavailable during the original hearing or investigation that could significantly affect the original finding or sanction. This does not include information available but not disclosed at the Student Conduct Hearing by choice (i.e., opting not to disclose information for any reason).
3. Sanction Severity: A sanction imposed as a result of the original student conduct hearing that is significantly disproportionate to the severity of the offense for which the Respondent/Referred Party has been found responsible. Additional information is available in the Student Community Rights and Responsibilities.

An application for appeal must be submitted electronically within seven calendar days of receiving the decision letter via College email. Instructions on how to file an application for appeal are provided in the decision letter. Applications for appeal may not be submitted by a third party.

The Dean of Students will review the application for appeal to determine if it was submitted prior to the deadline and that the reason for appeal meets one of the three grounds for appeal. If the Dean of Students determines the appeal application meets the grounds the appeal will be referred to an Appeal Board for consideration. The Appeal Board may

• Uphold the decision of the Student Conduct Hearing Board,
• Overturn the decision of the Student Conduct Hearing Board,
• Decide that the case should have a new hearing in front of a different Student Conduct Hearing Board. 

In addition, the Appeal Board can keep the existing sanctions or modify them to be more or less severe than the original sanction(s).  

A written notification of the appeal decision will be made via College email within 30 calendar days. The decision of the Appeal Board is final.   

• Notice of Appeal Form (PDF) 

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The Office of Student Advocacy and Accountability encourages faculty staff and students to participate in the student conduct process in the following ways:

Advisor is any individual who provides the victim/survivor/complainant or the accused/respondent with support, guidance, and/or advice. Both parties are permitted one advisor of their choosing to accompany them and assist them throughout the investigation and conduct process. An advisor may be a friend, parent, faculty, mentor, attorney, or any person they wish. In general, the advisor will not be permitted to speak for the student in the process or to have any role in the process other than to advise and assist them. Advisors for students in the Title IX Grievance Process will conduct cross-examination in the hearing on behalf of the advisee. This is volunteer position and time commitment may vary.

Student Conduct Hearing Officers are persons who hear student conduct referrals, including alleged violations of academic dishonesty. This body consists of one student and two faculty and staff members. The Hearing Board can impose any of the sanctions set forth in the Student Code of Conduct (Student Community Rights and Responsibilities). Decisions are made by a simple majority. Hearing Boards generally hear high level or repeated offenses for which a more severe sanction might be imposed. Hearing Officers also may serve on Appeal Boards to review outcomes of student conduct hearings. This is volunteer position and time commitment may vary. Service on any particular board is based on one's availability.

Eligibility for student members of Student Conduct Hearing Boards:

• Student Board members must be in good academic and conduct standing (i.e., not on probation or higher).
• A general willingness to serve on any scheduled board hearing, regardless of the nature of the incident or the specific charges filed.
• A strict adherence to impartiality, objectivity, punctuality, civility, and confidentiality.
• Must possess a high attention to detail, effective communication skills, and critical thinking skill
• Must complete 8 hours of training annually

View Interest Form for Student Members of the Student Conduct Hearing Boards

Faculty or staff members interested in serving either as advisors or hearing board members should contact the conduct office.

Training Student Conduct Hearing Board Members and Advisors

To serve as a Hearing Officer or Advisor in a Title IX Grievance Procedure requires specialized training which is offered through the SUNY Student Conduct Institute (SUNY SCI). This training includes topics such as how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing. To view the training materials used in this training, please link to the SCI Training Site.

Training is provided by the SUNY Student Conduct Institute.

Title IX hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily educational in nature. Rules of decorum prohibit any party advisor or decision-maker from questioning witnesses in an abusive, intimidating, or disrespectful manner. At base, these Rules of Decorum require that all parties, advisors of choice, and institutional staff treat others who are engaged in the process with respect. The rules and standards apply equally to all Parties and their Advisors regardless of sex, gender, or other protected class, and regardless of whether they are in the role of Complainant or Respondent.

Read entire Rules of Decorum Policy (PDF)