Introduction for Student Code of Conduct and Related University Policies

The status of the State University of New York College at Cortland as part of the SUNY system and as a predominantly residential academic community makes it appropriate that this institution protect its educational purpose through the establishment of certain regulations designed to promote positive standards of scholarship as well as community living for the students.

The primary objective of the College at Cortland is to pro­vide the necessary human and physical resources for the complete education of its students.  This commitment to the education of the whole person includes educational experiences in and out of the classroom which facilitate intellectual, emotional, social and physical development, clarification and critical assessment of personal values, effectiveness in interpersonal relationships, understanding and participation in the democratic process, social responsibility and preparation for personally satisfying careers.

The State University of New York College at Cortland is committed to providing a positive learning environment for all members of the community regardless of race, color, religion, gender, sexual orientation, disability, or national origin.  The College explicitly promotes diversity and attempts to provide an educational and socially acceptable setting that encourages every member of the community to develop and grow to their fullest potential.  As a result, the College will not tolerate behavior by any member of the community which threatens another member's ability to participate fully in the collegiate experience.

The freedom and effectiveness of the educational process de­pend upon the provision of appropriate conditions and opportuni­ties for learning.  Therefore, the purpose of regulations governing student conduct is to meet this need as well as to en­sure an equal opportunity to grow personally and academically for each individual.  Cortland's student conduct processes reflect the pri­mary objective of the College and the necessary interrelationship of the College community:  students; staff; faculty; and administra­tion.  It follows then that violations of College regulations fall within the scope of these processes.  Procedures and sanc­tions are directed toward guidance and behavior redirection with an educa­tional intent as opposed to retribution with a punitive intent, where at all possible.

The total community of Cortland encompasses two environments - one is within the College community while the other is our larger society.  The College community utilizes a campus student conduct process which, being educational in nature, encompasses more regulations than society in general in order to achieve the goals and aims of our unique academic environment.  However, there are certain areas which may overlap.  The College does not protect or shield students from their responsibilities under local, state, or federal laws. Students who violate the law may be referred to local authorities for appropriate action.  However, just because a student's case is adjudicated in a public court or hearing does not guarantee im­munity from further review and action by the appropriate College office or student conduct body.

This document is designed to acquaint all members of the College community with the rights and responsibilities of students; to fa­cilitate the daily process of student conduct; to inform students of their rights and responsibilities as members of the College community; and to inform the College community of the disciplinary actions and sanctions applicable for violations of this document.

In May, 1994 (most recently revised and approved, April 23, 2018), the College Council of the State University of New York at Cortland approved the document entitled the SUNY Cortland Student Code of Conduct (also referred to as the Student Code or Code).  That document is available to members of the College community as both a major section of this document and as a separate publication.

This publication shall be cited as The State University of New York College at Cortland Student Code of Conduct and Related Policies.

Section 356 of the Education Law of the State of New York delegates to the State University Board of Trustees authority to establish rules and regulations governing the operation of col­legiate units.  Within this authority, the Council of the State University of New York College at Cortland is authorized to:  (Section 356, Item G) make regulations governing the conduct and behavior of students; and (Section 356, Item H) prescribe for and exercise su­pervision over student housing and safety.

In order to ensure an understanding of the policies and procedures contained in this document, key words and phrases have been defined in Section One of the Student Code of Conduct portion of this publication.

Basic Concepts Established by the College Council

 On June 27, 1968, the College Council endorsed the Declaration of Rights and Freedoms, with the following explicit understandings, as described in the Council's minutes:

• That the Statement is in no way intended to abrogate the legal powers invested in the Board of Trustees or the College Council under American corporate law;
• That interpretation of the Statement's principles and procedures be understood as a continuing joint process, and that application be worked out according to the educational purposes of this particular institution;
• That the implementation of the Statement's recommendations take place in the context of the total academic community with all responsible consideration for rights and freedoms of the other constituents of the academic community;
• That the concept of community itself implies the interdependence of faculty, students, administration and governing boards and that, therefore, the arrogation to itself of absolute autonomy or of absolute freedom by any one sector of the academic community contradicts the very concept of com­munity;
• Finally, that the Statement on rights and freedoms of students is welcomed as a thoughtful and significant contribution to the dialogue that is essential to the well‑being of the academic community.

Declaration of Rights and Freedoms

The following Declaration of Rights and Freedoms was endorsed by the College Council as a basis of conduct for students.  The Declaration is an integral part of the Code and acts as a basis for prescribed student conduct at the College at Cortland along with the statutes found in the "Maintenance of Public Order" (See Section L or College Handbook, Section 470).

Preamble

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of the student and the general well‑being of society.  Students have become increasingly aware that learning is a broad process whose boundaries extend be­yond the classroom and encompass all aspects of their lives.  Thus the academic community includes all those members of this College who promote the learning experience.  Membership in the academic community should provide for the development of the ca­pacity for critical judgment, for involvement in a sustained and independent search for truth and knowl­edge, and for participation in the decision‑making pro­cesses which are inherent in the attain­ment of these goals.  Realizing this, provision for the recogni­tion and protection of academic freedom are essential to the functioning of this community.  Achievement of the es­tablished goal of this Uni­versity, To Learn—To Search—To Serve, can come only with the ac­knowledgment of the continuing need for learning among all mem­bers of the community and the realization that a sense of commu­nity is imperative for the creation of an atmosphere for in­dividual growth.

It is impossible to separate the concept of student freedom and rights from the concept of student responsi­bility.  Coinciden­tal with any rights are corresponding responsibilities.  Developed from this document and in­ternalized within student social codes and constitutions will be the specific applications of the rights and re­sponsibilities stated herein.  These responsibilities will be meaningful to students only with full coop­eration and communi­cation among all segments of the academic community.  To this end, it is imperative that students, desiring respect for their rights, must then accord to the other segments of the community the same respect.  It is only logical that student responsibility can be the best deterrent to student irresponsibility. Hopefully, then, this document will be viewed not as one which gives freedom, but rather as one which illustrates the willingness of students to ac­cept a good measure of responsibility for their own actions.

This document recognizes all legal responsibilities mandated to the College and its members.  It is meant to be operable within the context of existing laws govern­ing the College and its com­munity.

Freedom of Government:  Students have the right to organize and maintain maximum democratic government in order to guarantee the rights and freedoms of the individual.  Students also have the right to formulate within existing laws their own social rules and code of conduct.

Freedom of Access to Higher Education:  The admissions policies of each college and university are a matter of determination by the academic community provided that each college and university makes clear the standards which it considers relevant to success in the institution's program. Within the limits of its facilities, this College shall be open to all of its enrolled students, and it shall use its influence to secure equal access for all students to public facilities in the local community.

Right to the Best Possible Education:  It is a basic right that students have a well‑devised curriculum, adequate library and laboratory facilities, and competent teaching staff, operating in an environment of academic freedom which nourishes the education process.  Students have a right to guidance, advisement, and ancillary services that aid in education and/or career planning which helps them progress toward their goals.

Right of Freedom of Thought in the Classroom:  Students should be informed of the standard of academic performance expected by each professor or department.  Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion.  Students should have protection through orderly procedures against prejudiced or capricious academic evaluation.  At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.

Freedom of Expression:  Students and student organizations should be free to discuss, pass resolutions, distribute leaflets, circulate petitions and take other action by orderly means which do not disrupt the essential operation of the institution. They are free to examine and to express opinions publicly or privately.

Freedom of Communications Media:  All forms of student expression must enjoy full freedom of the press as guaranteed in the Bill of Rights of the United States Constitution.  The communications media are free of censorship and advance approval of copy, and the editors and managers are free to develop their own editorial policies and news coverage.  The editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism.  At the same time, it should be made clear to the academic and larger community that in their public expressions or demonstrations, students and student organizations speak only for themselves.  Editors and managers of communications media are protected from arbitrary suspension and removal because of student, faculty, administrative or public disapproval of editorial policy or content.

Freedom of Association:  Students must be free to organize and join associations for educational, political, social, religious or cultural purposes.

Freedom to Choose Speakers and Topics:  No area of investigation and no point of view shall be excluded from the precincts of the College.  It is consonant with the principles of academic freedom, the traditions of free inquiry, and the educational purposes of the State University of New York to assert that the student body, acting responsibly in the spirit of free intellectual inquiry, is free to invite any person it chooses to address it on any topic.

Freedom from Disciplinary Action Without Due Process:  The student body must have clearly defined means to participate in the formulation and application of regulations affecting student affairs.  No sanction or other disciplinary action shall be imposed on a student by or in the name of the State University of New York in an arbitrary manner.

Freedom from Improper Disclosure:  Protection against improper disclosure of information is a serious professional obligation of faculty members and administrative staff which must be balanced with their other obligations to the individual student, the institution and society.  (Judgments of ability and character may be provided under appropriate circumstances).  Information about student views, beliefs and political associations which professors and College staff acquire in the course of their work as instructors, advisors, and counselors should be considered confidential.  No information from records is available to prospective employers, graduate or professional schools, or government agencies without the explicit consent of the student, and such information must be limited to their academic experiences only.

Freedom to Rights as a Private Citizen:  College students are citizens as well as members of the academic community.  As citizens, students should enjoy the same freedom of speech, peaceful assembly and right of petition that other citizens enjoy and as citizens they are subject to the obligations which accrue to them by virtue of this membership.  Faculty members and administrative officials should ensure that institutional powers are not employed to inhibit such intellectual and personal development of students as is often promoted by their exercise of the rights of citizenship both on and off campus.  Activities of students may upon occasion, result in violation of the law.  In such cases, institu­tional officials should be prepared to apprize students of sources of legal counsel. Students who violate the law may incur penalties prescribed by civil authorities, but institutional authority should never be used merely to duplicate the function of civil laws. Only where the institution's interests as an academic community are involved de facto should College disciplinary procedures be initiated.  Institutional action should be inde­pendent of community pressure.

Right to Participate in Decision‑Making:  Provisions must be made for the widest participation possible of the student body in the decisions which will affect their lives and future careers.  This participation shall range from advisory to full and voting membership in the group which is evaluating, recommending, planning or deciding.

Right to Privacy:  Students must be protected from invasions of privacy and arbitrary and capricious searches of their residences, except where a civil search warrant has been legally obtained or where existing housing inspection laws and regulations permit or require.

Right to Be Informed:  The College community, and the student government in particular, has the obligation to inform students of their rights and responsibilities upon appointment and throughout their College career.

(Reference: College Handbook, Section 320)

Students' rights with respect to their education records (also known as the Buckley Amendment).

SUNY Cortland FERPA and Student Records Policy

 The SUNY Cortland Student Information Policy outlines the appropriate use of student information to support the protection of student privacy in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 USC §1232g; 34 CFR Part 99).  

 Notification

Students will be notified of their FERPA rights annually through the Student Code of Conduct and Related Policies including the Summer Mailing, the online College Catalog, online at www.cortland.edu/FERPA, and within specific functions of myRedDragon. This policy and the law are available upon request or online at www.cortland.edu/FERPA.