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Procedural Standards

  1. Complaint Procedures
    1. Any charge, accusation, or allegation which is made against a student must be submitted in writing with complete details regarding the situation to the Office of Student Conduct in a timely manner. Complaints can come in the form of incident reports and disciplinary referrals.
  2. Investigation
    1. The chief student affairs officer or their designee (primarily the student conduct officer) will conduct a preliminary investigation in order to determine if disciplinary charges need to be brought against the student. The student conduct officer will inform the student of the allegations against him or her, consult with other parties who may be involved or who have information regarding the incident and review other relevant evidence. Following the primary investigation, which shall ideally be concluded within thirty days of the filing of the complaint should take one of the following actions:
      1. Dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary action at the current time. This may come in the form of a dismissal letter or a formal admonishment. The individuals shall be notified that the complaint has been dismissed.
      2. Refer the matter to mediation conference.
      3. Refer the matter to formal disciplinary charges with the Faculty-Student Disciplinary Committee.
    2. In the event that a student withdraws from the college after a charge, accusation or allegation against the student has been made, and the college prefers formal disciplinary charges, the withdrawn student is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and will be barred from attending any other unit of the university until a decision on the charges is made or the charges are otherwise resolved. If the withdrawn student fails to so participate in the disciplinary process without good cause, the college may proceed with the disciplinary hearing in absentia and any decision and sanction will be binding.
  3. Mediation Conference
    1. The mediation conference shall be conducted by the student conduct officer or their designee. The student will be sent a letter regarding the allegations and the violation of policy against them. If the mediation conference is a result of a disciplinary referral from Public Safety, the student should contact the Office of the Dean of Students to schedule an appointment. Failure to schedule an appointment may result in a Dean of Student Affairs “hold” on the student’s account. The following procedures shall be in effect at the conference:
      1. The student conduct officer will explain the policies and procedures of the Office of Student Conduct.
      2. An effort will be made to resolve the matter by mutual agreement. If an agreement is unable to be reached student conduct officer will charge the student formally through the Faculty-Student Disciplinary Committee for a formal hearing.
      3. If an agreement is reached between the student and the student conduct officer the case will be closed. The agreement will be issued in a mediation agreement (sanctioning letter) which can include resolutions that result in various sanctions (admonition, warning, censure, disciplinary probation, restitution, suspension, and expulsion) and/or educational sanctions.
      4. If a student fails to attend the mediation conference the student conduct officer will do one or more of the following:
        1. Place a Dean of Student Affairs “hold” on a student’s account until the situation is resolved.
        2. Proceed with charging the student formally through the Faculty- Student Disciplinary Committee for a formal hearing.
      5. The student conduct officer conducting the mediation conference is precluded from testifying in a college hearing regarding information received during the mediation conference.
  4. Notice of Hearing and Charges
    1. If a formal hearing is decided upon by the student conduct officer or the student, notice of the formal charge(s), location and time of the hearing will be sent to the student by overnight or certified mail, regular mail and the student’s Kingsborough Community College e-mail address on file with CUNYfirst. The hearing will be scheduled within a reasonable time period after the initial incident or mediation conference. The student shall receive at least five business days advance notice of the hearing unless the student consents to an earlier hearing.
    2. The notice shall contain the following information for the student:
      1. A complete and itemized statement of the charges brought against the student including the rule, bylaw, or regulation he or she is charged with violating and the possible sanctions for such violations.
      2. A statement that the student has the following rights:
        1. To present his/her side of the story
        2. To present witnesses and evidence on his/her behalf
        3. To cross examine witnesses presenting evidence against the student
        4. To remain silent without the assumption of guilt
        5. To be represented by legal counsel or an advisor at the student’s expense
      3. A warning that anything the student states during the formal hearing may be used against him/her at a non-college hearing.
  5. Faculty- Student Disciplinary Committee
    1. Faculty- Student Disciplinary Committee Structure
      1. The Faculty-Student Disciplinary Committee is comprised of one chairperson, 2 faculty members and 2 student members. A quorum shall consist of the chair and any two members, one of whom must be a student. All faculty members on the Committee have been asked to serve by the President of Kingsborough Community College. All students on the Committee were elected through Student Government elections.
    2. Faculty- Student Disciplinary Committee Role
      1. The role of the Faculty- Student Disciplinary Committee is to listen to the testimony, ask questions of the witnesses, review the testimony and evidence presented at the hearing, the papers filed by the parties and render a determination as to the student being responsible or not responsible for violating the charge(s). In the event that the student is found guilty (responsible) for violating the charge(s), the Faculty- Student Disciplinary Committee will determine the appropriate sanctions.
    3. Private Hearing
      1. The student is entitled to a closed hearing but has the right to request an open public hearing. However, the chairperson has the right to hold a closed hearing when an open public hearing would adversely affect and be disruptive to the committee’s normal operations.
    4. Additional Information
      1. At the end of the hearing, the student may introduce additional records. Kingsborough Community College may also introduce a copy of the student’s disciplinary record, where applicable, provided the student was shown a copy of records prior to the commencement of the hearing.
    5. Basis for Decision
      1. Kingsborough Community College bears the burden of proving the charge(s) by a preponderance of evidence. The committee shall deliberate in a closed session and issue a written decision, which shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
    6. Notification of Decision
      1. The student shall receive a copy of the committee’s decision within five days of the conclusion of the hearing, by regular mail and the student’s Kingsborough Community College email account. Disciplinary penalties shall be placed on a student’s transcript and shall remain there unless it is indicated otherwise.
    7. Appeals
      1. An appeal from the decision of the Faculty- Student Disciplinary Committee may be made to the President who may confirm or decrease the penalty but not increase it. The president’s decision is final except in the case of expulsion or suspension for one term or more. To appeal the decision of the President, students will appeal to the City University of New York’s Board of Trustee Committee on Student Affairs. Any appeal under this section shall be made in writing within 15 days after the delivery of the decision appealed form.
  6. End of Academic Year Cases
    1. Any incidents that are reported near the end of the fall and spring semesters and are unable to be heard before the final exam period, in accordance with the procedural standards, may be scheduled to been seen over the winter and summer modules. If you are unable to attend the scheduled meeting because you are not taking classes at Kingsborough Community College during this time, please contact of the Office of Student Conduct to inform them of the situation. A “hold” may be placed on your account during this time.

For more information regarding the procedural standards in the Office of the Dean of Student Affairs, please visit the CUNY Bylaws, Article 15

For help preparing for a formal hearing with the Faculty-Student Disciplinary Committee, please refer to our Tips for Preparing for a Board Hearing page.

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