Code of Accountability

I. Student Code of Accountability

Russell Sage College (“RSC”) reaffirms the principle of student freedom coupled with an acceptance of full responsibility for individual action and the consequences of such action. Thus, this Student Code of Accountability has been written to set forth the terms of the relationship between the student and RSC with respect to disciplinary matters. It is an outgrowth of the duty of RSC to protect their educational purposes by setting standards of scholarship and behavior. Membership in RSC’s community necessitates compliance with regulations and procedures established by governing bodies. These regulations are essential for the maintenance of an atmosphere of learning in which the community’s academic and social standards can be upheld. Students, faculty, and administrators share, according to RSC governance, the responsibility for the legislation, implementation, and enforcement of these RSC regulations. Each member of the RSC community, both in residence and those taking online and hybrid courses, is expected to uphold this individual and community responsibility, and must take action to uphold RSC regulations. All individuals in RSC’s community are expected to maintain integrity in all endeavors and respect the rights of others.

NOTE: This Student Code of Accountability DOES NOT APPLY to proceedings that are processed and/or handled under the Title IX Grievance Policy, which is available online at: https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/. However, if, during the Title IX Grievance Procedure, RSC finds that a violation of the Student Code of Accountability occurred, RSC reserves the right to discipline a student under the Student Code of Accountability for such violation.

II. Non-discrimination

RSC applies the protections set forth in these policies and procedures regardless of race, color, actual or perceived national origin, religion, creed, age, physical or mental disability, sex, actual or perceived gender identity or expression, sexual orientation, citizenship or immigration status, familial status, pregnancy, marital status, genetic predisposition and carrier status, military or veteran status,  status as a victim of a sexual assault, relationship violence, and/or stalking, criminal conviction, or any other characteristics protected under federal or state law. Students may exercise civil rights and practice religion without interference by RSC’s investigative, criminal justice or judicial, accountability, or conduct process. 

III. No Retaliation

Students have the right to be free from retaliation. Threats or other forms of intimidation, coercion or retribution against a student who files a complaint or grievance, reports a conduct violation, requests an administrative remedy, participates in an investigation, appears as a witness at an administrative accountability hearing, or opposes an unlawful act, discriminatory practice or policy, are prohibited and subject to College disciplinary procedures. Any student who feels that someone has subjected him or her to retaliation as a result of a report or participation in an investigation of a report should contact the Title IX Coordinator immediately, at: titleix@sage.edu, or (518) 244- 4809. 

IV. Definitions

1. The term “accused” means a person accused of a violation who has not yet entered RSC’s judicial, accountability, or conduct process. 

2. “Affirmative consent” is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. 

• Consent to any sexual activity between or with any party does not necessarily constitute consent to any other sexual act. 

o Whether through words or actions that clearly display consent, each party must affirmatively consent to participating in each sexual activity. Consenting to one type of sexual activity is not blanket consent to any and all types of sexual activity. 

• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. 

• Consent may be initially given but withdrawn at any time. 

• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, being under the age of consent, or if an individual otherwise cannot consent. 

o Minors who cannot consent under New York’s laws covering age of consent are considered incapacitated. Under New York law, the age of consent is 17 years old. Students and employees are encouraged to review New York State Penal Law Article 130 for additional details regarding New York’s age of consent. 

o Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. This does not mean that individuals cannot affirmatively consent to sexual activity or contact when they have been drinking or using drugs, however. Such individuals may still affirmatively consent through words or actions that clearly indicate interest in engaging in the activity. 

o Incapacitation is to be determined by a student accountability or investigation process based on available evidence, acknowledging that in almost no cases will scientific evidence of alcohol or drug level (such as a breathalyzer taken at the time of the assault) be available. There is no single standard or number of drinks that leads to incapacitation. This level varies for different people, and may depend in part on their age, gender, height, weight, metabolism and whether and how much they have recently eaten. 

• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. 

• When consent is withdrawn or can no longer be given, sexual activity must stop. 

o Consent can “no longer be given” when a party to a sexual act or sexual contact initially consents to the activity, but during the course of the activity falls asleep or otherwise becomes unconscious or incapacitated. At that point, the other party must stop the sexual activity or contact. 

3. The term “Appellate Board” means any one or more persons authorized by the Vice President for Student Life to consider an appeal from a Student Accountability Board’s determination, and from the sanctions imposed by the Student Accountability Administrator. Such board shall be appointed by the Vice President for Student Life on a case-by-case basis and consists of a panel of administrator(s), faculty member(s) (chosen from a list of RSC faculty who have been designated by Faculty Governance or other sources to serve in this capacity), or other sources, and student(s) (chosen from a list of candidates submitted by the applicable student government or other sources). 

4. The term “bias-related or hate crime” means a criminal act that intentionally targets a victim based on the victim’s actual or perceived race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation. 

5. The term “bystander” means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of RSC. A bystander is not a “reporting individual” (as defined below), even if the bystander brings forth a report. 

6. The term “cheating” is defined in Appendix A. 

7. The term “co-complainant” means the member of the College community who may have initiated the complaint.

8. The term “College” means RSC. 

9. The term “complainant” means the College on behalf of an individual or department in the RSC community. 

10.  The term “crime of violence” means murder, manslaughter, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson, as defined below. 

• Criminal Homicide/Manslaughter by Negligence: The killing of another person through gross negligence. 

• Criminal Homicide/Murder and Nonnegligent Manslaughter: The willful (nonnegligent) killing of one human being by another. 

• Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

• Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. 

• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. Under New York law, the age of consent is 17 years old. See New York State Penal Law Article 130. 

• Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. 

• Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.) 

• Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. 

• Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. 

• Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. 

11. The term “faculty member” means any person hired by RSC to conduct classroom activities. 

12.  The term “may” is used in the permissive sense. 

13.  The term “misconduct” means conduct that violates this Code of Accountability. 

14.  The term “member of the College community” includes any person who is a student, faculty member, RSC official or any person employed by RSC. A person’s status in a particular situation shall be determined by the Vice President for Student Life. 

15.  The term “organization” means any number of persons who have complied with the formal requirements for RSC recognition. 

16.  The term “plagiarism” is defined in Appendix A.

17. The term “policy” is defined as the written regulations of RSC as found in, but not limited to, the Student Code of Accountability, Residence Life policies, Student Life policies, the Student Handbooks, and RSC Catalog. 

18.   The term “residence life violation” means any violation of the Residence Life policies. 

19.   The term “respondent” means a person accused of a violation who has entered RSC’s judicial, accountability, or conduct process. 

20.   The term “RSC” means Russell Sage College, including Russell Sage College, Sage Graduate Schools, and Sage College of Albany. 

21.   The term “RSC premises” includes all land, buildings, facilities, vehicles, and other property used, or in the possession of, or owned or controlled by RSC (including adjacent streets and sidewalks.) 

22.  The term “RSC official” includes any person employed by RSC, performing assigned administrative or professional responsibilities. 

23.  The term “sexual activity” means “sexual act” and “sexual contact” as provided in 18 U.S.C. § 2246(2) and 18 U.S.C. § 2246(3), and therefore includes the following: 

• contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight; 

• contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

• the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; 

• the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or 

• the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 

Individuals must obtain affirmative consent prior to engaging in any of the activity referenced above. 

24.  The term “shall” is used in the imperative sense. 

25.  The term “student” includes all persons taking courses at RSC, both full-time and part time, online or in-person, pursuing undergraduate, graduate or professional studies, commuting to campus or residing in College residence halls. Persons who withdraw after allegedly violating the Student Code of Accountability, who are not officially enrolled for a particular term but who have a continuing relationship with RSC or who have been notified of their acceptance for admission, are considered “students.” Any individual who has been awarded a degree from the College will be considered a “student” to the extent that, prior to receiving the degree, the individual committed fraud, misrepresentation, or another violation of RSC standards in obtaining the degree, or committed other serious misconduct prior to receiving the degree. 

26.  The term “Student Accountability Administrator” means a member of the faculty or professional staff authorized on a case-by-case basis by the Vice President for Student Life to impose sanctions upon students found to have violated the Student Code of Accountability. Nothing shall prevent the Vice President for Student Life from authorizing the same Student Accountability Administrator to impose sanctions in more than one case. 

27.  The term “Student Accountability Board” means any one person or persons authorized by the Vice President for Student Life to determine whether a student has violated the Student Code of Accountability and, if so, to recommend imposition of sanctions. Such panel shall be appointed on a case-by-case basis, and, if consisting of more than one person, may consist of a Student Accountability Administrator, one or more, but not more than three, faculty members from a list of candidates provided by Faculty Governance or other sources and one or more, but not more than three, students from a list of candidates provided by the applicable student government and other sources. In cases of a Student Accountability Board of more than one person, the Student Accountability Administrator shall serve as chair with one vote. (In the case of residence life/student life violations, the Student Accountability Board may consist solely of students.) The total number of members of the Student Accountability Board must be an odd number. 

28.  The term “student life violation” means any violation of the Student Life policies. 

29.  The “Vice President for Student Life” is the senior officer designated by the President of RSC to be responsible for the administration of the Student Code of Accountability. The Vice President, or his or her designee, is responsible for the day-to-day administration of the Student Code of Accountability. 

V. Students’ Bill of Rights

All students have the right to: 

1.  Make a report to local law enforcement and/or state police; 

2.  Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously; 

3.  Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by RSC; 

4.  Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard; 

5.  Be treated with dignity and to receive from RSC courteous, fair, and respectful health care and counseling services, where available; 

6.  Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

7.  Describe the incident to as few RSC representatives as practicable and not be required to unnecessarily repeat a description of the incident; 

8.  Be protected from retaliation by RSC, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of RSC; 

9.  Access to at least one level of appeal of a final determination; 

10.  Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and 

11.  Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of RSC. 

VI. Student Amnesty Policy

The health and safety of every student at RSC is of utmost importance. RSC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. RSC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to RSC officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to RSC’s officials or law enforcement will not be subject to RSC’s Code of Accountability action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. Nothing in this section shall be construed to limit RSC’s ability to provide amnesty in additional circumstances. 

VII. Jurisdiction of Russell Sage College

1.  Generally, RSC jurisdiction and discipline may be imposed for conduct which occurs on the College’s premises or as part of College’s sponsored or sanctioned off-premises activities, such as College-sponsored housing (ex. University Heights College Suites), co- curricular activities, extracurricular activities, internships, field placements, co-curricular or off-campus trips, study abroad, general research, or for conduct which in and of itself adversely affects RSC community and/or the pursuit of its objectives. Students enrolled in a course offered in the online or hybrid formats are subject to the same jurisdiction and discipline as students attending class in an RSC classroom. 

2.  It is RSC’s intent to leave action with respect to off-campus offenses of students to civil and/or criminal law enforcement authorities. It must be noted, however, that there are certain off campus offenses that by their very nature are in the interest of RSC to investigate, adjudicate, and, where warranted, impose disciplinary action. . In such cases, which shall be determined solely at the discretion of RSC, RSC reserves the right to assert jurisdiction and take appropriate action. 

3.  Further, any guest on RSC premises may be ejected from the premises if they appear to be engaged in misconduct, poses a threat to the safety or wellbeing of others, or is disrupting the normal operations of RSC. 

VIII. Interplay between the Code of Accountability and Criminal Justice Process

1.  RSC disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Accountability without regard to the pendency of civil or criminal litigation in court or criminal arrest or prosecution. RSC encourages students to report alleged crimes promptly to local law enforcement agencies and/or state police. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of RSC policy. 

2.  Generally, proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Vice President for Student Life.          

3.  When a student is charged by federal, state or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a Student Accountability Board or Appellate Board under the Student Code of Accountability, however, the College may advise off-campus authorities of the existence of the Student Code of Accountability and of how such matters will be handled internally within the College community. 

4.  RSC will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campuses and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate. 

5.  Where an interim suspension is imposed in a case involving the arrest of the respondent, the College may require the matter to be resolved in full prior to the pending Student Code of Accountability case being heard on its merits.

6.  Nothing in RSC’s Code of Accountability limits the rights of reporting individuals and other students to pursue cases through the criminal justice system. There are significant differences between the two systems because they have different, important goals. In the criminal justice system, prosecutors pursue cases when they believe there is sufficient evidence to prove, beyond a reasonable doubt, that an individual has committed a criminal act. A person who is convicted of a crime will face criminal penalties, such as incarceration, probation, or the imposition of a fine. RSC’s disciplinary process seeks to determine whether an individual has violated College policy. In this process, a preponderance of the evidence standard of proof is used to determine responsibility. A person who is found to have violated RSC policy may be suspended, expelled or otherwise restricted from full participation in the RSC community. A document that further explains the differences between the two systems can be found in Appendix B to this Code of Accountability. 

IX. Prohibited Conduct

A violation of College policy occurs when there is evidence of a student having committed actual misconduct, attempting to commit misconduct but not completing the violation (i.e. offering to sell illegal substances to an individual who does not buy them or trying to steal an item but stopping or being stopped before removing the item from its location), assisting or convincing another person to commit misconduct, and misconduct or attempted misconduct by a student’s guest. Any student found to have committed misconduct including, but not limited to, the following, is subject to the disciplinary sanctions set forth in this document. 

1. Acts of Dishonesty

Acts of dishonesty, including, but not limited to, the following:

a. Cheating, plagiarism, multiple submission, unauthorized collaboration, sabotage, falsification, bribery or use of purchased research service reports without appropriate notation, or other forms of academic dishonesty.

b. Furnishing false information to any College official, faculty member or office.

c. Forgery, alteration, or misuse of any College recognized student organization’s name, emblem, symbols, facilities, or property. 

d. Tampering with the election of any College recognized student organization.

e. Computer theft, unauthorized use of computers or accounts, or allowing others access to an account.

f. Illegal or improper use of the College’s phone system.

g. Forgery, alteration, or misuse of any College document.

2. Acts of Disruption

Disruption or obstruction of teaching, learning, research, administration, disciplinary proceedings, or other RSC activities, including its public-service functions on or off- campus, or other authorized non-College activities, when the act occurs on RSC premises. 

3. Commitment of a Bias-Related or Hate Crime

A criminal act that intentionally targets a victim based on the victim’s actual or perceived race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation. [1]

[1] Bias-Related or Hate Crimes based on gender, gender identity or expression, or sexual orientation that constitute sex discrimination and sex-based harassment under Title IX will be handled under the College’s Title IX Grievance Policy and/or Sexual Offense Policy & Procedures for Students and Employees, which is available online at: https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/. If allegations are initially investigated under the Title IX Policies, but are determined not to meet the standard for prohibited conduct under those policies, the College may continue to investigate the allegations under this Code.

4. Discrimination

Discrimination on the basis of race, color, gender, gender characteristics and expression, sex, sexual orientation, age, religion, actual or perceived national origin, citizenship or immigration status, actual or perceived gender identity, familial status, pregnancy, marital status, military or veteran status, physical or mental disability, status as a victim of a sexual assault, relationship violence, and/or stalking, genetic predisposition and carrier status, previous convictions as specified by law, or any other characteristics protected by applicable law (the “Protected Characteristics”). [2]

[2] Sex discrimination as defined under Title IX will be handled under the College’s Title IX Grievance Policy rather than this Code. 

5. Harmful Speech

Any form of speech or verbal abuse that falls into some or all the following criteria: speech that is targeted at a specific group, speech that promotes fear, speech that is false, speech that harms (directly or indirectly) a person or individual, and speech that promotes prejudice or violence against a specific group. 

6. Harassment

Any behavior (verbal, written, or physical, including through the use of technology) that abuses, assails, intimidates, demeans, and/or victimizes.  [3]

[3] Sex-based harassment as defined under Title IX will be handled under the College’s Title IX Grievance Policy and/or Sexual Offense Policy & Procedures for Students and Employees, available online at: https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/. If allegations are initially investigated under the Title IX Policies, but are determined not to meet the standard for prohibited conduct under those policies, the College may continue to investigate the allegations under this Code.

7. Harmful Conduct

Actual or threatened physical violence, intimidation, or coercion, and other forms of physical abuse that directly or indirectly threatens, endangers, or interferes with the health or safety of any person or group, or which adversely affects the RSC community and/or the pursuit of its objectives. 

8. Theft and Vandalism

Attempted or actual theft of and/or damage to property or services of RSC or any other person or entity. 

9. Hazing

Hazing, defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a person or persons, or involves the forced consumption of liquor, drugs, or other substances, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is also considered misconduct. 

10. Failure to Cooperate

Failure to cooperate with directions of any RSC officials, University Heights Public Safety Officers, or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so. 

11. Unauthorized Entry and Misuse of Keys

Unauthorized possession, duplication, or use of keys or electronic access cards to any of RSC premises or unauthorized entry to, or use of, RSC premises or any other entity. 

12. Violation of COVID-19 and Other Communicable Disease Policy (Appendix C)

Any violation of such policy shall be addressed as set forth in Appendix C.

13. Violation of Other RSC Policies

Violation of other RSC policies, rules or regulations, published in hard copy or available electronically on RSC’s website including, but not limited to, alcohol and drug policies, tobacco free policy, selling and soliciting policy, parking regulations, residence hall policies, library regulations, technology acceptable use policy, and student life policies. 

14. Violation of Federal, State, or Local Law

Conduct which could be construed to be a violation of federal, state, or local law. 

15. Illegal Drugs

a.  Use of heroin, narcotics, illicit drugs or other controlled substances except as expressly permitted by law. This includes prescription drugs being used or possessed by an individual without a valid prescription for that drug.

b.  Possession of heroin, narcotics, illicit drugs or other controlled substances except as expressly permitted by law. This includes prescription drugs being used or possessed by an individual without a valid prescription for that drug.

c.  Manufacture of heroin, narcotics, illicit drugs or other controlled substances except as expressly permitted by law. This includes prescription drugs being used or possessed by an individual without a valid prescription for that drug.

d.  Distribution of heroin, narcotics, illicit drugs or other controlled substances except as expressly permitted by law. This includes prescription drugs being used or possessed by an individual without a valid prescription for that drug.

16. Marijuana

The use, possession, sale, or other distribution, or cultivation of marijuana for recreational or medical purposes is not allowed in any RSC housing or at any other RSC property; nor is it allowed at any RSC-sponsored event or activity off campus. 

New York State’s Cannabis Law allows individuals who are 21 years of age and older to possess, purchase, display, obtain, or transport certain quantities of marijuana for recreational use. New York State law also permits certain patients to use medical marijuana under a medical marijuana program. For information from the Office of Cannabis Management, see https://cannabis.ny.gov, and for information on the medical marijuana program, see https://www.health.ny.gov/regulations/medical_marijuana/. 

However, under the Controlled Substances Act, marijuana is still classified as a controlled substance. Additionally, under the Drug Free Schools and Communities Act, in order to receive federal funding and other financial assistance, RSC is required to prohibit the use, possession, and/or cultivation of illegal drugs, including marijuana, on campus. Therefore, students are prohibited from possessing or using marijuana, whether recreational or medical, on any RSC property or at any program or activity sponsored by RSC. In compliance with the Drug-Free Schools and Communities Act, RSC prohibits all recreational marijuana use, and students may be subject to disciplinary action for its use even though there may be state laws that permit its use. 

Students who hold valid medical marijuana registry identification cards may petition the Director of Residence Life for a waiver of RSC’s requirement that all full-time first year and sophomore students live on campus. Students and employees seeking reasonable accommodations related to their status as medical marijuana registry identification cardholders and/or any underlying medical conditions may contact the Director of Accessibility Services (Accessibility_Services@sage.edu).  

17. Drug Paraphernalia

a.  Use of drug paraphernalia (such as, but not limited to, pipes, bongs, hookahs and scales), including, but not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

b.  Possession of drug paraphernalia (such as, but not limited to, pipes, bongs, hookahs and scales), including, but not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

c.  Manufacture of drug paraphernalia (such as, but not limited to, pipes, bongs, hookahs and scales), including, but not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

d.  Illegal purchase of drug paraphernalia (such as, but not limited to, pipes, bongs, hookahs and scales), including, but not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

e.  Distribution of drug paraphernalia (such as, but not limited to, pipes, bongs, hookahs and scales), including, but not limited to, all items used for the purpose of preparing, injecting, ingesting, inhaling or otherwise using illegal drugs, or in the illicit use of legal drugs.

18. Alcohol

a.  Use of alcoholic beverages except as expressly permitted by the law and RSC regulations. Alcoholic beverages may not, in any circumstance, be used by any person under twenty one (21) years of age. 

b.  Possession of alcoholic beverages except as expressly permitted by the law and RSC regulations. Alcoholic beverages may not, in any circumstance, be possessed by any person under twenty-one (21) years of age. 

c.  Manufacture of alcoholic beverages except as expressly permitted by the law and RSC regulations. Alcoholic beverages may not, in any circumstance, be manufactured by any person under twenty-one (21) years of age. 

d.  Illegal purchase of alcoholic beverages except as expressly permitted by the law and RSC regulations. Alcoholic beverages may not, in any circumstance, be purchased by any person under twenty-one (21) years of age. 

e.  Distribution of alcoholic beverages except as expressly permitted by the law and RSC regulations. Alcoholic beverages may not, in any circumstance, be distributed by/to any person under twenty-one (21) years of age. 

f.  Being below 21 years of age and in the presence of alcohol within an RSC residence hall. 

19. Binge Drinking Paraphernalia

a.  Items and substances used to dispense and ingest alcohol at a rapid manner such as, but not limited to, beer bongs, funnels, Jell-O shots, etc. are prohibited. 

b.  Drinking games and contests such as quarters, beer pong, altered board games etc. are also prohibited even if alcohol is not present. 

c.  Paraphernalia related to excessive drinking is prohibited including, but not limited to, beer pong tables. 

d.  The display of empty alcohol containers is prohibited in spaces where occupants are under 21 years of age. 

20. Public Intoxication

Conduct which demonstrates public intoxication or signs that indicate the use of alcohol, drugs, or other harmful substances. 

21. Possession of a Firearm

Possession of any firearm, pistol, revolver, rifle, shotgun, assault weapon, stun gun, explosive, or incendiary device. 

22. Possession of a Dangerous Instrument

Possession of any dangerous instrument, toxic or poisonous substance, or chemical other than for use in a supervised academic setting. This policy is also inclusive of BB guns, pellet guns, martial arts weapons, and any other instrument that could be reasonably assumed to pose a threat to the health and safety of another person. 

23. Arson

Any attempt to start a fire intentionally or recklessly, cause an explosion, and/or contribute to an unauthorized fire. 

24. Filing a False Report

Falsely reporting any incident via in person or electronic means, including an emergency, such as falsely reporting a bomb, fire or other emergency in any building, structure or facility on College premises or at any College related function by activating a fire alarm or by any other means. 

25. Participation in a Disruptive Demonstration

Participation in a campus demonstration which disrupts the normal operations of RSC and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus. 

26. Obstruction of Traffic

Obstruction of the free flow of pedestrian or vehicular traffic on RSC premises or at College sponsored or supervised functions. 

27. Reckless Driving

Operating a motor vehicle on RSC premises in a manner that exhibits a disregard for traffic laws and poses a significant risk of harm to oneself, passengers, pedestrians, property, and other drivers. 

28. Disorderly Conduct

Conduct which is disorderly, lewd, indecent, or a breach of the peace (i.e. conduct which is disruptive, disturbing, or offensive to others); or aiding, assisting, or encouraging another person to breach the peace on RSC premises or at functions sponsored by, or participated in by, RSC or members of the academic community. 

29. Uncivil Conduct

Engaging in conduct which has the intent to demean, annoy, or alarm another person; including, but not limited to: initiating communication via mechanical or electronic means, social network communication, telephone, telegraph, mail, computer, electronic mail or other form of written or pictorial communication, texting, or by making a telephone call or calls whether or not a conversation ensues, with no purpose of legitimate conversation. 

30. Unauthorized Surveillance

Unauthorized surveillance, including, but not limited to, any unauthorized use of electronic or other devices to make an audio or video record of any person while on RSC premises without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, non-consensual photo or video taking or sharing, or audio taping of sexual activity or other intimate parts of another person without knowledge or consent; or surreptitiously taking pictures of another person in a gym, locker room, or restroom or any other place where there is a reasonable expectation of privacy. 

31. Abuse of the RSC Network

Theft or other abuse of computer or telephone systems or time, including but not limited to: 

a.  Unauthorized file access, to use, read, or change the contents, or for any other purpose. 

b.  Unauthorized transfer of a file. 

c.  Unauthorized use of another individual’s identification and password or allowing another person use and/or access to one’s Sage account identification or password. 

d.  Use of computing or telephone facilities to interfere with the work of another student, faculty member or RSC official. 

e.  Use of computing or telephone facilities to send obscene, threatening, harassing, or abusive messages. 

f.  Use of computing or telephone facilities to interfere with the normal operation of RSC computing system. 

g. Use of computer or telephone facilities in any way which could be construed to be in violation of federal or state laws. 

h. Use of computer or telephone facilities in any way which could be construed as copyright infringement. 

i.  Any violation of the RSC Acceptable Use Policy. 

32. Abuse of the Student Accountability System

Abuse of the Student Accountability System, including but not limited to: 

a.  Failure to appear before a Student Accountability Board or Appellate Board or College official if requested, or willful failure or refusal to cooperate as a witness, unless doing so would incriminate oneself.  

b.  Falsification, distortion, or misrepresentation of information before a Student Accountability Board or Appellate Board. 

c.  Disruption or interference with the orderly conduct of a Student Code of Accountability proceeding. 

d.  Initiation of a Student Code of Accountability proceeding knowingly without cause. 

e.  Attempting to coerce an individual from proper participation in, or use of, the Student Accountability System. 

f.  Attempting to influence the impartiality of a member of a Student Accountability Board or Appellate Board prior to, and/or during the course of, a Student Code of Accountability proceeding. 

g.  Harassment (verbal or physical) and/or intimidation of a member of a Student Accountability Board or Appellate Board prior to, during, and/or after a Student Code of Accountability Hearing. 

h.  Failure to comply with the sanction(s) imposed under the Student Code of Accountability. 

i.  Influencing or attempting to influence another person to commit an abuse of the Student Accountability System. 

j.  Institution of a Student Code of Accountability proceeding in bad faith. 

33. Gambling

All gambling or betting activities, with the exception of small, private card or other games, which do not involve monetary bets or involve monetary bets of very small amounts. 

34. Irresponsible Social Conduct

Failing to engage in responsible social conduct that reflects credit upon the RSC community and to model good citizenship in any community, including both incidents that occur in person and online. 

35. Acts of Complicity

Acts of complicity; aiding, abetting, attempting, conspiring, hiring, willfully encouraging or being an accessory to any violation of RSC Code of Accountability. 

36. Smoking

Smoking, the use of any tobacco product, and the use of e-cigarette and other electronic smoking or “vaping” methods are strictly prohibited. RSC is dedicated to providing a healthy, comfortable, and productive living and work environment for our faculty, staff, administrators, and students; and a healthy, comfortable, and safe environment for our visitors. The Tobacco Free Policy prohibits the use of any and all tobacco products on RSC’s institute facilities or property. For the purpose of this policy, tobacco is defined as any type of tobacco product, including, but not limited to, cigarettes (commercial, handmade or electronic), cigars, cigarillos, pipes, hookahs, oral tobacco (spit and spitless, smokeless, chew, snuff), or any other smoking material or device. 

37. Retaliation

Engaging in threats or other forms of intimidation or retribution against a student who files a complaint or grievance, reports a conduct violation, requests an administrative remedy, participates in an investigation, appears as a witness at an administrative accountability hearing, or opposes an unlawful act, discriminatory practice or policy, is prohibited and subject to College disciplinary procedures.  [4]

[4] Retaliation as defined under Title IX will be handled under the College’s Title IX Grievance Policy and/or Sexual Offense Policy & Procedures for Students and Employees, available online at: https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/. If allegations are initially investigated under the Title IX Policy, but is determined not to meet the standard for prohibited conduct under those policies, the College may continue to investigate the allegations under this Code. 

38. Tampering with Fire Equipment

Fire extinguishers, alarm systems and conduit, detectors, sprinkler heads, strobes, devices, and exit signs shall not be tampered with or tested by unauthorized persons, nor should anything cover, be attached to, or hung from any piece of fire safety equipment. Students tampering with fire safety equipment are financially responsible for any charges assessed as a result of the tampering. 

X. Student Accountability Charges

1. Incidents

a.  Any member of RSC community or the College on its own may request that RSC file charges against any student for misconduct. Requests to file charges shall be prepared in writing and directed to the Vice President for Student Life or designee as soon as possible. Any member of RSC community or the College on its own may file a complaint with a Student Life staff member, with the Office of Public Safety, or online athttps://www.sage.edu/student-life/office/code-of-accountability/file-a-report/. As part of their daily responsibilities, campus police officers and student life staff may submit reports of violations. Reports of student violations may also occur at student activity events, athletic events and club sports, off-campus student residences, public and private commercial establishments, and online. 

b.  The College reserves the right to hold all students responsible for the Student Code of Accountability whether the incident occurs on or off RSC premises, including study abroad locations. Normally, the same process will be followed for on campus or off-campus violations. Evidence confiscated during a campus investigation will be retained by the Office of Public Safety until the conclusion of the student accountability process. Students may forfeit ownership of confiscated materials. 

c.  The Vice President for Student Life or designee will determine: (a) whether or not the alleged incident is within the purview of the Student Code of Accountability; (b) whether to file charges, and (c) if charges are filed, the appropriate student accountability response to the chargesAll charges shall be presented to the respondent in written form. 

2. Student Accountability Responses

a. Educational Conference (Informal Adjudication)

i.  During this conference, a discussion will occur as to the student’s involvement in the incident and the circumstances surrounding the incident. Together, the student and the Student Accountability Administrator will determine what violations of the Code occurred. 

ii.  If a student accepts responsibility for the violations, the remainder of the conference will be spent discussing what sanctions are appropriate. The student then signs the educational conference form indicating agreement with the charges and proposed actions, thus waiving the right to appeal this decision. 

iii. If the student does not accept responsibility for the violations with which they are charged or does not agree to the sanction(s) imposed, the case will then be referred to a different Student Accountability Administrator for a student accountability hearing. 

b. Student Accountability Hearing (Formal Adjudication)

i.  Student Accountability Hearings are more structured than educational conferences. A Student Accountability Hearing generally occurs when one or more of the following situations exists: 

1) A resolution does not occur during the educational conference, 

2) The student fails to attend an educational conference or to respond to a request for an educational conference, or

3) The severity of the alleged violation or the student’s prior conduct history warrants a Student Accountability Hearing. 

ii. The student will be notified in writing of the charges of violations of the Student Code of Accountability. In the charge letter, the student will be given the date, time, and location of the hearing or will be asked to schedule an appointment. Administrative hearings are held before either before one or more Student Accountability Administrators. 

iii. During the hearing, the student will be expected to respond to the charges listed in the charge letter. The student will be asked to explain their involvement in the incident and, if found responsible, what sanctions would be appropriate.

c. Alternative Resolutions

i. Certain cases may be referred to alternative resolution pathways if the parties involved are willing to participate, and the Vice President for Student Life or designee deems the pathway an appropriate resolution option.  

ii. Alternative resolution pathways include but are not limited to: educational conversation, conflict coaching, mediation, or restorative practices, such as conferences or circles. Restorative practices are processes designed to facilitate an intentional conversation where targeted persons, or harmed parties, can share the harm they experienced and be an active decision-maker for determining resolutions for the harm to be addressed. A full list of Alternative Resolutions and their definitions can be found in Appendix D.  

iii. Additionally, in a restorative process, the alleged offender, the persons who caused harm, may answer questions such as why they caused the harm and discuss steps they will take to repair the harm. Normally a restorative process concludes with an agreement between all parties involved that addresses how the respondent and other community members can repair the harm caused, rebuild trust, and restore any broken relationships. 

XI. Interim Measures Pending Student Accountability Hearings

1. Interim Suspension – In certain circumstances, the Vice President for Student Life, or a designee, may impose a College Suspension prior to the hearing before a Student Accountability Board.

a. Interim suspension may be imposed only: a) to ensure the immediate safety and well-being of members of RSC community or preservation of RSC property; or b) to ensure the student’s own immediate physical or emotional safety and well-being; or c) if the student poses an immediate threat of disruption of, or interference with, the normal operations of  RSC. The student should be notified in writing of the interim suspension and the reasons for the suspension. The notice should include the time, date, and place of a subsequent hearing at which the student may show cause why their continued presence on the campus does not constitute a threat and at which time they may contest whether a campus rule was violated.  

b. During an interim suspension, students shall 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 Vice President for Student Life or his or her designee may determine to be appropriate. 

c. In the case of residence hall violations where the Vice President for Student Life or other designee determines that interim suspension from the residence hall is warranted, the Vice President for Student Life may allow the student to attend classes and participate in campus activities that are not conducted in the residence hall. 

XII. Student Accountability Hearings

A. Designation of an Appropriate Hearing Body

Upon receipt of a request for charges or complaint, the Vice President for Student Life may designate a Student Accountability Administrator to conduct an investigation to determine if the request for charges has merit and/or if the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Accountability Administrator. Any mutually acceptable disposition of charges, including any agreed-upon penalty, must be confirmed in writing and signed or electronically acknowledged by the student and the Student Accountability Administrator. Such disposition shall be final and there should generally be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Vice President for Student Life can designate a Student Accountability Board to hear the charges. The Student Accountability Administrator may serve in the same matter as the Student Accountability Board or a member thereof. If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s). 

B. Rules Applicable to All Student Accountability Hearings

1. The standard of evidence used to evaluate a charge or complaint is a “preponderance of the evidence.” Under this standard, a determination must be made on the basis of whether it is more likely than not that the respondent violated the Code of Accountability.  

2. If any disciplinary action is pending against a student, degrees, grade reports, and transcripts will not be issued until the matter is resolved.

3. If the student withdraws from RSC while student accountability proceedings are in process, the student does so with charges pending. The College reserves the right to adjudicate those charges when/if the student returns to RSC. 

4. A time shall be set for a hearing, not less than five (5) nor more than fifteen (15) business days after the student has been notified. Minimum and maximum time limits for scheduling of hearings may be modified at the discretion of the Vice President for Student Life. 

5. Hearings normally shall be conducted in private. 

6. The complainant, respondent, the co-complainant, and their advisor(s), if any, shall be allowed to attend the entire portion of the Student Accountability Board Hearing at which information is presented.

7. After the portion of the Student Accountability Board Hearing concludes in which all pertinent information has been received, the Student Accountability Board shall determine (by majority vote if the Student Accountability Board consists of more than one person) whether the respondent has violated each section of the Student Code of Accountability which the student is charged with violating. The Student Accountability Board’s determination shall be made on the basis of whether it is more likely than not that the respondent violated the Student Code of Accountability. 

8. If a respondent, with notice, does not appear at a Student Accountability Board Hearing, the information in support of the charges shall be presented and considered, even if the respondent is not present. 

9. The Student Accountability Board may accommodate concerns for the personal safety, well- being and/or fears of confrontation of the complainant, co-complainant, respondent, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, video tape, written statement or other means, where and as determined in the sole judgment of the Vice President for Student Life to be appropriate. 

10. If the respondent or the co-complainant wishes to challenge the placement of any member(s) of the Student Accountability Board, they must raise this issue at the start of the Student Accountability Board Hearing. The Student Accountability Administrator, as chair, will hear the reasons for any such challenge. If the Student Accountability Board consists of only one individual, that individual must bring the challenge to the attention of the Vice President for Student Life, who will hear the reasons for such challenge. Any deliberations before the Student Accountability Board as to the challenge should be made without the respondent or the co-complainant present. The Student Accountability Administrator, or, if applicable, the Vice President for Student Life, will determine whether to support the challenge. Any member(s) so removed will be replaced as quickly as possible by the Vice President for Student Life, or, in the case of a Student Accountability Board made up of multiple individuals, the Student Accountability Board Hearing may simply proceed without the removed member, at the discretion of the Vice President for Student Life.  

11. Formal rules of process, procedure, and/or technical rules of evidence, such as those which are applied in criminal or civil court, are not used in Student Code of Accountability proceedings. 

12. There shall be a single verbatim record, which could include a tape recording, of all Student Accountability Board Hearings before a Student Accountability Board (not including deliberations). The record shall be the property of RSC.

13. When requested, a student must appear before a Student Accountability Board, Appellate Board, or College official for the purposes of providing information relevant to a Student Code of Accountability proceeding. Failure to appear or willful failure or refusal to provide such information, unless it will result in self-incrimination, may result in student accountability action, at the discretion of the Student Accountability Administrator. The Student Accountability Board may draw a negative inference from the failure or refusal to provide information, even if such failure or refusal is due to concerns about self-incrimination.

14. Any co-complainant and the accused have the right to be assisted during a hearing by an advisor who is a member of the College community, but who is not an attorney. The co complainant and/or the respondent is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Accountability Board Hearing before a Student Accountability Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Accountability Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. The selection of an advisor is the responsibility of the co-complainant or respondent.

15. The respondent and the Student Accountability Board may arrange for witnesses to present pertinent information to the Student Accountability Board at the discretion of the Student Accountability Administrator. RSC will try to arrange the attendance of possible witnesses who are members of the RSC community, if reasonably possible, and who are identified by the complainant, respondent, and/or the co-complainant, at least two weekdays prior to the Student Accountability Board Hearing. Witnesses will provide information to and answer questions from the Student Accountability Board. Questions may be suggested by the respondent, co-complainant, and/or complainant to be answered by each other or by other witnesses. This will be conducted by the Student Accountability Board with such questions directed to the Student Accountability Administrator, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Student Accountability Administrator.

16. Pertinent records, exhibits, and written statements (including Student Impact Statements, written statements made by members of the College’s community dealing with the impact that the respondent’s conduct has had on a particular student or students or upon RSC students in general) may be accepted as information for consideration by a Student Accountability Board at the discretion of the Student Accountability Administrator.

17. The complainant or co-complainant may be permitted to withdraw his or her complaint subsequent to its submission to the Vice President for Student Life, if, and only if, the Vice President for Student Life is satisfied that the co-complainant’s decision is not the result of pressure or intimidation.

18. Admission of any person to the Student Accountability Board hearing other than the complainant, respondent, the co-complainant, and their advisor(s) shall be at the discretion of the Student Accountability Board and/or its Student Accountability Administrator.

19. In Student Accountability Board Hearings involving more than one respondent, the Student Accountability Administrator, at his or her discretion, may permit the Student Accountability Board Hearings concerning each student to be conducted either separately or jointly.

20. All procedural questions are subject to the final decision of the Student Accountability Administrator at their discretion.

21. If a complaint is withdrawn, no Student Accountability Board Hearing will be held. In the event that the complaint is allowed to be withdrawn after a Hearing has been completed, the Hearing shall cease and no determination will be made. In the event that the complaint is allowed to be withdrawn after the Hearing has been completed, any determination or sanctions will be reversed automatically. If the Vice President for Student Life does not allow the complaint to be withdrawn, the Student Accountability Board Hearing will proceed under the normal process; the Board will disregard the attempted withdrawal of the complaint in making its determinations and recommending sanctions.

XIII. Sanctions

1. In each case in which a Student Accountability Administrator determines that a student has violated the Student Code of Accountability, the sanction(s) shall be determined and imposed by the Student Accountability Administrator. 

2. In cases decided by a Student Accountability Board, the recommendation of all members of the panel shall be considered by the Student Accountability Administrator in determining and imposing the sanction(s). Following the hearing, the Student Accountability Administrator or Student Accountability Board shall advise the respondent in writing of the determination and of the sanction(s) imposed, if any. The Vice President for Student Life shall receive a copy of this letter. 

3. The following sanctions may be imposed upon any student found to have committed any violation of the Student Code of Accountability other than academic dishonesty:

a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

b. Disciplinary 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 be violating any institutional regulation(s) during the period.

c. Loss of Privileges - Denial of specified privileges for a designated period of time.

d. Fines - Previously established fines may be imposed.

e. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

f. Discretionary Sanctions - Work assignments, service to the College, written apology, or other related discretionary assignments.

g. Parental/Guardian Notification - In certain circumstances the College reserves the right to notify or require the student themselves to notify parents/guardians of dependent students when College policies have been violated.

h. Residence Hall Suspension - Separation of the student from the residence halls for a definite period of time, without refund, after which the student is eligible to return. Conditions for readmission may be specified.

i. Residence Hall Expulsion - Permanent separation of the student from the residence halls, without refund

j. College Suspension - Separation of the student from the College for a definite period of time, without refund, after which the student is eligible to return. Conditions for readmission may be specified. 

k. Expulsion - Permanent separation from the College, without refund.

l. Revocation of Degree - RSC may revoke an issued degree due to fraud, misrepresentation, or other violation of RSC standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

m. Withholding Degree - RSC may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Accountability, including the completion of all sanctions imposed, if any.

n. Prohibition from Professional Practice - RSC may take any and all steps it deems necessary to prohibit, limit, or monitor the current or future practice of a profession by an individual found to have committed misconduct (i.e. notifying the appropriate agency overseeing the profession)

o. Mandatory Transcript Notations – If a student is found responsible for a crime of violence, RSC must make a notation on the student’s transcript that s/he was “suspended after a finding of responsibility for a code of accountability violation” or “expelled after a finding of responsibility for a code of accountability violation.” If a student withdraws from RSC while such conduct charges related to crimes of violence are pending against the student, and declines to complete the disciplinary process, RSC must make a notation on the student’s transcript that s/he “withdrew with conduct charges pending.” These transcript notations can be appealed by contacting the Provost see https://www.sage.edu/academics/academic-resources/registrar/academic record/transcript-request-notations/. Transcript notations for violence-related suspensions shall not be removed prior to one year after conclusion of the suspension. Transcript notations for violence-related expulsions shall never be removed from a student’s transcript. If a finding of responsibility is vacated for any reason, however, the transcript notation must be removed

4. Sanctions for academic dishonesty may include:

a. A written reprimand

b. A zero or “F” on the assignment(s) involved

c. An “F” in the class involved

d. Revocation or a change of grade

e. Suspension from the College for one term

f. Suspension from the College for one year

g. Permanent dismissal from the College

h. Revocation of degree

5. More than one of the sanctions listed above may be imposed for any single violation.

6. If a student is found responsible for repeat violations of the same or similar charges, sanctions issued will be more severe in light of the repeat nature of the offense.

7. The following sanctions may be imposed upon groups or organizations:

a. Those sanctions listed above in Section 4, (a) through (f).

b. Deactivation - Loss of all privileges, including RSC recognition, for a specified period of time.

XIV. Appeals

A. Grounds for an Appeal

1. Appeals can be requested for one or more of the following reasons:

a. To determine whether the penalty is inappropriate to the finding (including where a student admits to wrongdoing, and an agreement is reached on responsibility, but no agreement is reached regarding penalty);

b. To determine whether the finding is supported by the evidence; 

c. To determine whether the student’s procedural rights as specified in the Student Code of Accountability were violated; and

d. To determine whether new evidence, which was unavailable at the original proceeding, has been discovered.

B. Appeals From Decisions of a Student Accountability Administrator 

1. A final determination by a Student Accountability Administrator may be appealed by the respondent(s), the co-complainant, or the complainant to an Appellate Board within two (2) business days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Life. Upon receipt of an appeal, the Vice President for Student Life will confirm that the appeal is supported by one of the reasons listed in section XIV(A)(1)(a)-(f), above. 

2. If no appeal is submitted to the Vice President of Student Life within two (2) business days of the decision, the determination of the Title IX Coordinator or Student Accountability Administrator will become final, unless: 

a. An appeal is filed by the respondent(s), the co-complainant, and/or the complainant after the deadline, and 

b. The appellant can establish good cause for the delay in filing the appeal.

3. If a proper appeal and submission are filed, the Vice President for Student Life shall appoint an Appellate Board. The transcripts and all case documentation shall be delivered to each member of the Appellate Board.

4. The Vice President for Student Life shall convene an Appellate Board within ten (10) days of receiving the appeal. The Appellate Board shall reach a determination within ten (10) business days of receiving the appeal. 

5. In cases involving appeals by respondents to the Appellate Board, review of the sanction by the Appellate Board may not result in more severe sanction(s) for the respondent.  

6. In cases involving appeals by persons other than students accused of violating the Student Code of Accountability, the Appellate Board may, upon review of the case, find that a violation of the Student Code of Accountability did occur, reduce or increase the sanctions imposed by the Student Accountability Board, remand the case to the original officer or Student Accountability Board, recommend the appointment of a new Student Accountability Administrator or Board, affirm or reverse the judgment of the original Student Accountability Administrator or Board, or dismiss the case in its entirety.

C. Appeals From Decisions of a Student Accountability Board

1. A final determination by a Student Accountability Board may be appealed by the respondent(s), the co-complainant, or the complainant to an Appellate Board within two (2) business days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Life. Upon receipt of an appeal, the Vice President for Student Life will confirm that the appeal is supported by one of the reasons listed in section XIV(A)(1)(a)-(f), above.

2. If no appeal is submitted to the Vice President of Student Life within two (2) business days of the decision, the determination of the Title IX Coordinator or Student Accountability Administrator will become final, unless: 

a. An appeal is filed by the respondent(s), the co-complainant, and/or the complainant after the deadline, and  

b. The appellant can establish good cause for the delay in filing the appeal.  

3. If the Vice President for Student Life determines that the appeal falls within one of the above-listed categories, a copy of the official record of the hearing will be made available to the appellant as soon as it is available. 

4. Once the appellant receives the hearing record, the appellant will have five (5) business days from his or her review of the hearing record to present their reasons for the appeal with supporting documentation. The other party must be provided with notice of the appeal, with access to the same evidence made available to the appellant (including the hearing record), and with the same opportunity to submit supporting documentation. However, the other party is not required to submit supporting documentation.  

5. If the appellant fails to submit supporting documentation within five (5) business days after review of the hearing record, the determination of the Title IX Coordinator, Student Accountability Board, or Student Accountability Administrator will become final, unless:

a. The appellant’s submission is filed after the deadline, and 

b. The appellant can establish good cause for the delay in filing the submission. 

6. If a proper appeal and submission are filed, the Vice President for Student Life shall appoint an Appellate Board. The submission, hearing record, and all case documentation shall be delivered to each member of the Appellate Board. 

7. The Vice President for Student Life shall convene an Appellate Board within ten (10) days of receiving the appellant’s submission. The Appellate Board shall reach a determination within ten (10) business days of receiving the appellant’s submission.

8.  In cases involving appeals by respondents to the Appellate Board, review of the sanction by the Appellate Board may not result in more severe sanction(s) for the respondent.

9. In cases involving appeals by persons other than students accused of violating the Student Code of Accountability, the Appellate Board may, upon review of the case, find that a violation of the Student Code of Accountability did occur, reduce or increase the sanctions imposed by the Student Accountability Board, remand the case to the original officer or Student Accountability Board, recommend the appointment of a new Student Accountability Administrator or Board, affirm or reverse the judgment of the original Student Accountability Administrator or Board, or dismiss the case in its entirety.

D. Appeals From a Faculty Member Decision on Grading

See Appendix A.

XV. Academic Records

1. Other than cases involving College suspension or expulsion, prohibition from professional practice or revocation of degree, or crimes of violence  disciplinary sanctions shall generally not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged of disciplinary actions other than actions related to crimes of violence, residence-hall expulsions, College suspensions, or College expulsions, upon application to the Vice President for Student Life. Cases not involving crimes of violence, , residence hall expulsions, College suspensions, or College expulsions shall generally be expunged from the student’s confidential record 2 years after final disposition of the case or upon graduation-whichever shall last occur.

2. In situations involving both a respondent(s) and a student(s) claiming to be the victim of another student’s conduct,  the records of the process and of the sanctions imposed, if any, shall be considered to be the educational records of both the respondent and the student claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.

XVI. Interpretation and Revision

1. Any question of interpretation regarding the Student Code of Accountability shall be referred to the Vice President for Student Life for final determination.

2. The Student Code of Accountability shall be reviewed every three years in consultation with appropriate College official(s) under the direction of the Vice President of Student Life. Recommendations for changes in policies or regulations, or in their enforcement, may be addressed to the Vice President for Student Life.

Adapted from The Journal of College and University Law, Volume 31, Fall 2004. Revised: May 2005, July 2008, June 2009, June 2010, July 2011, June 2012, July 2013, May 2014, May 2015, July 2015, July 2016, September 2017, June 2019, August 2020, August 2021, August 2023, August 2024.