What is a disciplinary referral?
a. A disciplinary referral is a report that is filed with Public Safety. This report states the specifics of the incident that took place. A copy is forwarded to the Office of the Vice President of Student Affairs to be reviewed by the student conduct officer.
What is a TRN (Temporary Removal Notice)?
a. A TRN is a temporary removal notice, most often issued by Public Safety, on behalf for the Office of the Dean of Student Affairs due to alleged violations of the Henderson Rules to Maintain Public Order. If you are issued a TRN, you will need to schedule an appointment with the Office of the Vice President of Student Affairs. Failure to schedule an appointment could result in a Dean of Student Affairs “hold” on your account.
A complaint was filed against me with Public Safety, what happens next?
a. Once a complaint is filed with Public Safety a disciplinary referral is generated and you will need to schedule an appointment with the Office of the Vice President of Student Affairs. Failure to schedule an appointment may result in a Dean of Student Affairs “hold” on your account. Once the report is sent to the Office of the Vice President of Student Affairs, the student conduct officer or their designee will conduct a preliminary investigation in order to determine whether disciplinary charges should be issued.
What is a charge letter?
a. A charge letter provides you with notice that you allegedly violated one or more of the Henderson Rules for the Maintenance of Public Order Pursuant to Article 129A of the Education Law which serves as the Code of Student Conduct for Kingsborough Community College and the City University of New York. This letter will inform you of the date and time of your scheduled appointment with the student conduct officer or their designee. This letter will be sent primarily through email and regular mail.
What happens if I do not attend the meeting stated in the charge letter?
a. Failure to attend the meeting stated in the charge letter may result in a Dean of Student Affairs “hold” on your account.
I am unable to make my scheduled meeting with the student conduct officer, what should I do?
a. Please call the Office of the Vice President of Student Affairs at 718-368-5563 as soon as possible to reschedule your meeting.
What are the options for resolving the incident?
a. The student conduct officer or designee shall take one of the following actions:
- Dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary actions. The individuals shall be notified that the complaint has been dismissed.
- Refer the matter to mediation (except in cases involving allegations of sexual assault, stalking or other forms of sexual violence); or
- Prefer formal disciplinary charges with the faculty-student disciplinary committee.
What is a mediation conference(not available in cases involving allegations of sexual assault, stalking or other forms of sexual violence)?
a. The mediation conference shall be conducted by the student conduct officer or designee. The following procedures shall be in effect at this conference:
- An effort will be made to resolve the matter by mutual agreement.
- If an agreement is reached, the student conduct officer will issue the agreed upon sanctions in the form of a mediation agreement (sanctioning letter).
- If an agreement is not reached, the student conduct officer will forward the situation to the Faculty-Student Disciplinary Committee for a formal hearing.
What happens in the meeting with the student conduct officer?
a. During the initial meeting with the student conduct officer or their designee, he or she will advise the student of the allegation against him or her, ask the student about what happened from their perspective and will make a decision based on the information received from the situation if the student is responsible or not. During the initial meeting or follow- up meetings (if a decision is not made during the initial meeting) the student may be asked to sign a mediation agreement (sanctioning letter).
Do I have to sign the mediation agreement/sanctioning letter?
a. Students do not need to sign the mediation agreement/sanctioning letter. Failure to sign this document states your desire to initiate the formal hearing process through Kingsborough Community College’s Office of Student Conduct.
Who can help with questions about the student conduct process?
a. If you have questions regarding the student conduct process, please contact the Office of the Vice President of Student Affairs at 718-368-5563.
May I bring someone to help and/or support me in mediation conference or a formal hearing?
a. Yes, you may bring someone to act in the role of an advisor. An advisor is a person chosen by the student to accompany the student during a mediation conferences or hearing proceedings and/or assist him or her with any hearing or conference preparations. The advisor may not participate directly in any proceedings or represent any student involved. Any cost associated with the participation of an advisor is the responsibility of the student. If a student is represented by legal counsel the student conduct officer may request that a lawyer from CUNY’s general counsel’s office appear at the conference or hearing as well.
What rights do I have during a formal hearing?
a. Students have the following rights during a formal hearing: to present his/her side of the story, to present witnesses and evidence on his/her behalf, to cross-examine witnesses presenting evidence against the student, to remain silent without the assumption of guilt, and to be represented by legal counsel or an advisor at the student's expense. If the respondent or the complainant requests it, the college shall assist in finding a legal counsel or advisor. Please be advised that anything the student states during a formal hearing may be held against him/her at a non-college hearing.
What rights do I have during a formal hearing?
a. Please see the Sexual Misconduct Complainants’ Bill of Rights (please link pdf version) for a list of rights provided to you by the college.
What will my hearing be like?
a. The following procedures shall apply at the hearing before the faculty-student disciplinary committee:
- The chairperson shall preside at the hearing. The chairperson shall inform the student of the charges, the hearing procedures and his or her rights.
- After informing the student of the charges, the hearing procedures, and his or her rights, the chairperson shall ask the student charged to plead guilty (responsible) or not guilty (not responsible). If the student pleads guilty (responsible), the student shall be given an opportunity to explain his/her actions before the committee. If the student pleads not guilty (not responsible), the college shall present its case. At the conclusion of the College's case, the student may move to dismiss the charges. If the motion is denied by the committee the student shall be given an opportunity to present his or her defense.
- Prior to accepting testimony at the hearing, the chairperson shall rule on any motions questioning the impartiality of any committee member or the adequacy of the notice of the charge(s). Subsequent thereto, the chairperson may only rule on the sufficiency of the evidence and may exclude irrelevant, immaterial or unduly repetitive evidence. However, if either party wishes to question the impartiality of a committee member on the basis of evidence which was not previously available at the inception of the hearing, the chairperson may rule on such a motion. The chairperson shall exclude all persons who are to appear as witnesses, except the accused student.
- The college shall make a record of each fact-finding hearing by some means such as a stenographic transcript, a tape recording or the equivalent. A disciplined student is entitled upon request to a copy of such a transcript, tape or equivalent without cost.
- 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 of the committee's normal operations.
- 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 and the papers filed by the parties and render a determination as to guilt (responsible for violations) or innocence (not responsible for violations). In the event the student is found guilty (responsible), the committee shall then determine the penalty to be imposed.
- At the end of the fact-finding phase of the hearing, the student may introduce additional records, such as character references.
- The committee shall deliberate in closed session. The committee's decision shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
Do I have to attend my hearing?
a. No, you do not need to attend your hearing. After you fail to attend the first hearing, the hearing will be rescheduled. If you fail to appear for the second hearing, the hearing will take place in your absence.
What standard is used to determine that a violation has taken place?
a. The college bears the burden of proving the charge(s) by a preponderance of the evidence.
What will happen if I am found responsible for a violation of Henderson Rules for Maintaining Public Order during a hearing?
a. The college may introduce a copy of the student's previous disciplinary record, where applicable, provided the student was shown a copy of the record prior to the commencement of the hearing. The disciplinary record shall be submitted to the committee in a sealed envelope and shall not be opened until after the committee has made its findings of fact. In the event the student has been determined to be guilty of the charge(s) the records and documents introduced by the student and the college shall be opened and used by the committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained.
How will I find out what the hearing board decided?
a. The student shall be sent a copy of the faculty-student disciplinary committee's decision within five days of the conclusion of the hearing. The decision shall be final subject to the student's right of appeal.
If I am found responsible, can I appeal the results of my conduct hearing?
a. 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. His/her decision shall be final except in the case of expulsion or suspension for more than one term. An appeal from a decision of dismissal or suspension for more than one term may be made to the appropriate committee of the board. Any appeal under this section shall be made in writing within fifteen days after the delivery of the decision appealed from.
Who can see my student conduct file?
a. Your student conduct file is considered confidential and cannot be viewed by third parties unless the Permission for Access to Education Records form is filled out in the Office of the Vice President of Student Affairs. For more information on Family Educational Rights and Privacy Act (FERPA), please click here
Will my parents find out that I was documented?
a. Your student conduct file is considered confidential. To grant third parties, including parents, access to your student conduct file (considered an educational record) you will need to complete the Permission for Access to Education Records form in the Office of the Vice President of Student Affairs. There are some extreme situations, where it is necessary to protect the health or safety of the student or other individuals, that parents may be contacted. For more information on Family Educational Rights and Privacy Act (FERPA), please click here
Does Kingsborough Community College retain student conduct records?
a. The Office of the Vice President of Student Affairs retains all student conduct records. Student disciplinary records, including but not limited to, suspension notice, suspension hearing record, probationary condition adherence record, expulsion records, correspondence, fine assessment, and related records are kept indefinitely.
A Dean of Student Affairs "hold" was placed on my account, what does this mean?
a. When there is a “hold” on your account by the Office of the Vice President of Student Affairs you will be unable to complete any official college business, including registering for classes and receiving transcripts. To lift the “hold”, please contact the Office of the Vice President of Student Affairs to schedule an appointment to resolve the issue.