Code of Accountability

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 Student 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 being  handled under the Title IX Grievance Procedure, available here: 
https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/ 

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,  national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation,  familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence  victim status, 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 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. 

3. “Appellate Board” means:

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 Russell Sage College.

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.

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 Conduct.

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 Conduct Code, Residence Life policies, Student Life policies, the Student Handbooks, and RSC Catalog.

18. The term “reporting individual” means a victim of a Sexual Offense, survivor of a Sexual Offense, complainant of a Sexual Offense, claimant of a Sexual Offense, or witness of a Sexual Offense with victim status.

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

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

21. The term “RSC” means Russell Sage College, including the all undergraduate and graduate schools across both campuses and online.

22. 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.)

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

24. 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:

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

25. The term “Sexual Offense” means “sexual assault,” “nonconsensual sexual activity,”  “relationship violence,” and “stalking,” as those are defined in RSC’s Sexual Offense  Policies & Procedures For Students and Employees (the “Sexual Offense Policy”),  https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/ 

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

27. 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. 

28. 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. 

29. 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. 

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

31. The term “Title IX Coordinator” means the individual designated by RSC to serve as the  Title IX Coordinator/EEO Specialist. The Title IX Coordinator’s responsibilities include  coordinating RSC’s compliance with Title IX, and other applicable nondiscrimination laws  and regulations. This includes coordinating RSC’s grievance procedures for resolving Title  IX complaints. The Title IX Coordinator, and his or her designee, receive annual training  on: (1) issues related to sexual assault, relationship violence, and stalking, (2) how to  conduct an investigation and hearing process that protects the safety of victims and  promotes accountability, (3) how to conduct investigations of sexual violence, (4) the  effects of trauma, (5) impartiality, (6) the rights of the respondent, including the right to a  presumption that the respondent is “not responsible” until a finding of responsibility is  made, and (7) RSC’s policies and procedures, and other issues. 

32. 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:

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. 

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 a 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. Such offenses may include, but are not limited to, Sexual Offenses. 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.

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. For Sexual Offense charges or complaints, however, the judicial or conduct process will run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence, which should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. The Title IX  Coordinator is responsible for determining whether a delay is justified. Determinations made or sanctions imposed under this Student Code of Accountability shall not be subject to change because criminal charges arising out of the same facts giving rise to a violation of RSC rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. 

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,  other than an arrest related to a charge or complaint of a Sexual Offense, 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 of 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, 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 Sexual Offense

Committing a Sexual Offense, as defined above, and in RSC’s Sexual Offense Policy, available at https://www.sage.edu/student-life/cultural-enrichment-diversity/title-ix/policies-procedures/

NOTE: If a student is disciplined under the Title IX Grievance Procedure for Title IX Sexual  Harassment that constitutes a Sexual Offense (available on the Title IX website), the student will not be subject to discipline under the Student Code of Accountability for the same conduct. However, the student may be disciplined for conduct that is investigated during such a proceeding but falls outside the scope of the Title IX Grievance Procedure. 

4. 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. 

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. 

Harassment and/or discrimination on the basis of the following protected classes: race, color,  national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status,  domestic violence victim status, criminal conviction, or any other characteristics protected under federal or state law, that involves students and employees will be adjudicated through RSC's  Title IX Grievance Policy or the Discrimination and Harassment Policy and Procedures for  Students and Employees (available on the Title IX website). 

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 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 Katherine Norman, Accessibility Services normak@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 a 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 is 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, 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 email or voicemail 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; however, this provision does not apply to reporting individuals who choose not to participate in student accountability proceedings regarding Sexual  Offenses that they report to RSC. 

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 Conduct.

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 conduct hearing, or opposes an unlawful act, discriminatory practice or policy, is prohibited and subject to College disciplinary procedures.

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 at sage.edu/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 charges. 

d. All 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. Mandatory Interim Suspension – If a student accused of a Sexual Offense is determined to present a continuing threat to the health and safety of the community, RSC must subject the accused or respondent to interim suspension pending the outcome of a judicial,  accountability, or conduct process. Upon request, RSC will provide both the respondent and the reporting individual a prompt review, reasonable under the circumstances, of the need for and terms of this mandatory interim suspension, including potential modification,  in which they are allowed to submit evidence in support of their request. Requests to review a mandatory interim suspension should be submitted to: Trish Cellemme, Vice President for Student Life cellep@sage.edu or 518-292-1710. If a request for review is received from one party, the other party will be notified of the request for review. The Vice President for Student Life will issue a determination in response to the request and notify both parties of the determination. 

c. 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. 

d. In the case of residence hall violations where the Vice President for Student Life or a  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. 

2. Mandatory No Contact Order – Upon receipt of a report of a Sexual Offense by a student, RSC will issue a “no contact order.” This “no contact order” is an RSC document that does not have the legal effect of orders of protection, which are obtained through a court. Under the no contact order: 

(1) the accused’s continued intentional contact with the reporting individual is a violation of RSC’s policy that is subject to additional accountability charges; and

(2) if the accused or respondent and a reporting individual observe each other in a public place,  it is the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. This may include establishing a schedule of attendance for the accused and respondents to access certain locations at RSC, such as academic buildings, libraries, athletics or fitness facilities, and dining halls. 

Responsibility to stay away falls upon the person subject to the no contact order (“covered  person”), not the protected individual. A covered person may be a respondent or accused or a  third party who is the subject of a no contact order. If the covered person and protected person are in the same place accidentally, it is incumbent upon the covered person to remove himself or herself in a reasonable time and manner. Upon request, both the respondent and the reporting individual are entitled to a prompt review, reasonable under the circumstances, of the need for and terms of the no contact order, including potential modification, in which they are allowed to submit evidence in support of their requests. Requests to review a no contact order should be submitted to: Trish Cellemme, Vice President for Student Life cellep@sage.edu or 518-292-1710. If a request for review is received from one party, the other party will be notified of the request for review. The Vice President for Student Life will issue a determination in response to the request, and notify both parties of the determination. 

3. Additional Supportive Measures – in order to help ensure safety, prevent retaliation, and avoid an ongoing hostile environment, RSC offers reasonable and available interim measures and accommodations to reporting individuals of Sexual Offenses that could effect changes in respondents’ academic, housing, employment, transportation or other applicable arrangements. These interim measures may include: support services (victim advocacy,  housing assistance, academic support, counseling, health and mental health services, legal assistance); changing work assignments and situations (for employees); changing living arrangements, course schedules, assignments, or test schedules (for students); no contact orders, campus escorts, transportation assistance, or targeted interventions; providing increased monitoring, supervision, or security; and/or providing an escort. Upon request, RSC  will provide both the respondent and the reporting individual a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, in which they are allowed to submit evidence in support of his or her request. Requests to review interim measures and accommodations should be submitted to: Trish Cellemme, Vice President for Student Life cellep@sage.edu or 518-292-1710. If a request for review is received from one party, the other party will be notified of the request for review. The Vice President for Student Life will issue a determination in response to the request, and notify both parties of the determination.

XII. Student Accountability Hearings

A. Designation of an Appropriate Hearing Body

1. Cases Not Involving Sexual Offense Charges

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). 

2. Cases Involving Sexual Offense Charges

a. Cases Involving Initial or Ongoing Investigations

Upon receipt of a request for charges or complaint for which an investigation under  RSC’s Sexual Offense Policy or Title IX Grievance Procedure has not already been initiated, the Title IX Coordinator, or other trained investigator who does not have a  conflict of interest, will promptly meet with the complainant to discuss the complainant’s right to file a Formal Complaint under the Title IX Grievance Procedure. 

If a Formal Complaint is filed, the Title IX Grievance Procedure will apply, and this procedure will not apply, unless the Formal Complaint is dismissed, but the investigator determines that a violation of the Code of Accountability may have occurred.

The Investigation and Disciplinary Procedures for Sexual Offense Cases Handled Outside of the Title IX Grievance Procedure (the “Sexual Offense Procedure”) will apply when:

Upon receipt of a request for charges or complaint regarding a Sexual Offense for which an investigation under the Sexual Offense Procedure has already been initiated,  the Title IX Coordinator or other investigator who is conducting the investigation will be informed that the disciplinary charge or complaint is pending, and instructed to investigate the charge or complaint as part of his or her investigation pursuant to the  Sexual Offense Policy, and to make a preponderance of the evidence determination regarding the charges. 

Following an investigation, the Title IX Coordinator or other trained investigator will prepare written findings of fact and recommendations, with respect to whether it is more likely than not that the incident of sexual assault, relationship violence, or stalking occurred, appropriate disciplinary actions, if any, and/or other appropriate remedial measures. The parties will be informed, in writing, of the result of the investigation,  any recommended sanctions, the rationale for the result and any recommended sanctions, the findings of fact, whether the disciplinary process will continue,  information regarding sanctions that may be imposed as a result of the continuation of the disciplinary process, and any potential rights to appeal at that time. Delivery of this outcome will not be delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into close proximity to each other. 

b. Cases Involving Completed Title IX Coordinator Investigations

If a request for charges or complaint is received after a Title IX Coordinator has completed an investigation into the incident under the Sexual Offense Policy by a Title  IX Coordinator and issued a written determination to the parties (as outlined below),  the Title IX Coordinator will determine whether to bring charges to the Student  Accountability Board, based on the Title IX Coordinator’s determination. If the Title  IX Coordinator determines it is more likely than not that the student committed a  Sexual Offense or other violation of the Code of Accountability, the Vice President for  Student Life will refer the charges to a Student Accountability Hearing. If the Title IX  Coordinator determines that the student did not commit a Sexual Offense or other violation of the Code of Accountability, the Vice President for Student Life will not refer the charges to a Student Accountability Hearing, will dismiss the charges, and will inform the co-complainant of his or her right to appeal the Title IX Coordinator’s decision to an Appellate Board within two (2) business days of the decision, pursuant to the procedures set forth in § XIV(B) (below).  

If a request for charges or complaint is received after a Formal Complaint has been investigated under the Title IX Grievance Procedure, the request will not be granted,  unless the Formal Complaint is dismissed but the investigator determines that it is more likely than not that the student committed a Sexual Offense or other violation of the  Code of Accountability. In such a case, the Vice President for Student Life will refer the charges to a Student Accountability Hearing. If the investigator determines that the student did not commit a Sexual Offense or other violation of the Code of  Accountability, the Vice President for Student Life will not refer the charges to a  Student Accountability Hearing, will dismiss the charges, and will inform the co complainant of his or her right to appeal the Title IX Coordinator’s decision to an  Appellate Board within two (2) business days of the decision, pursuant to the procedures set forth in § XIV(B) (below).  

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  t 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. 

C. Rules Applicable to Cases Involving One or More Sexual Offense Charges Only

1. RSC will simultaneously provide co-complainants and the respondent with reasonable advance written or electronic notice of:

2. RSC may provide notice of the date, time, location and factual allegations that have been reported, specific code provisions reported to have been violated, and associated sanctions in multiple notices and/or separate communications. Nothing prohibits RSC from holding students accountable for violations that are not referenced in the initial charge letter but are learned about from evidence, testimony, or admission at a hearing or during the investigatory process, consistent with RSC policies and due process, where applicable.  

3. The respondent is presumed to be “not responsible” until RSC has established evidence,  testimony or information that would allow the decision maker to find the accused responsible pursuant to the Code of Accountability.  

4. Co-complainants and the respondent will be given the opportunity to offer evidence during any investigation into any Sexual Offense charges.  

5. Co-complainants and the respondent will be given reasonable access to review and present available evidence in the case file, or otherwise in the possession or control of RSC, that may be used in a hearing or investigation and/or may exonerate or show responsibility in the case. RSC may place reasonable restrictions on access to evidence, such as time, place and manner restrictions, heightened restriction for sensitive information that is not directly relevant to the questions raised in the investigation or hearing, and a limit on students or their advisors of choice engaging in “fishing expeditions” of all records maintained by RSC  that in any way relate to any of the parties. Co-complainants, the respondent, and their advisors are not entitled to generalized pre-hearing discovery, or to copies of all available evidence, but are instead entitled to access the evidence directly relevant to the specific case, as reasonably determined by RSC.

6. The co-complainant and the respondent may select any advisor of their own choosing,  including an attorney, who must be permitted to assist and advise a co-complainant,  accused, or respondent throughout the process, including during all meetings and hearings related to such process. The co-complainant and/or the respondent is responsible for presenting his or her own information, and therefore, advisors (including an attorney, when applicable), are not permitted to speak or to participate directly in any hearing before a  Student Accountability Board. The selection of an advisor is the responsibility of the co-complainant or respondent. Any costs associated with the advisor are at the expense of the student. Advisors who violate institution policies may be removed from a hearing or meeting. 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. RSC is not required to recess the hearing or allow the student to replace the banned advisor with a  new advisor. RSC is not required to limit its capacity to conduct its judicial or conduct process due to scheduling or other delays (whether genuine or tactical) by an advisor of choice. 

7. Student Accountability Board hearings must be conducted by Student Accountability  Board members who do not have a conflict of interest and who have received annual training on issues related to conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability, RSC’s policies and procedures, and other issues including, but not limited to domestic violence, dating violence, stalking and sexual assault. 

8. Timeframes for hearings involving one or more charges may be extended for good cause upon written notice to the accuser and the accused. 

9. At any hearing conducted by the Student Accountability Board, the respondent will be offered an opportunity to present evidence and testimony. RSC will try to arrange the attendance of 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. 

10. Students will be provided with the opportunity to exclude (1) their own prior sexual history with persons other than the other party in the conduct process, and (2) their own mental health diagnosis and/or treatment from admittance in any stage of the disciplinary proceeding where responsibility is determined (including determinations by the Title IX  Coordinator, Student Accountability Board, and Appeals Board). However, past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in disciplinary stages that determine sanctions. Further, if a co-complainant engaged in sexual activity with more than one partner in a short time period (as reasonably determined by the institution) and RSC alleges that the co-complainant sustained injuries during non-consensual sexual activity with the accused, the fact of consensual or non-consensual sexual activity with the unrelated individual may be admitted for the limited purpose of addressing how injuries were sustained. Such evidence may not be used to show a pattern of engaging in sexual activity by the co-complainant or to allege that if the co-complainant consented to activity with the unrelated individual, they were also consenting to sexual activity with accused. 

11. There shall be a single verbatim written record, an unofficial transcript, of all Student  Accountability Board Hearings before a Student Accountability Board (not including deliberations). The record shall be the property of RSC. The respondent and complainant will be given reasonable access to the full and fair record of the hearing, and RSC will maintain a copy of the record for at least five years after the hearing. If a participant requests an official transcript, RSC may choose to allow licensed court reporters to make transcripts of a hearing or proceeding, at the expense of the participant in the hearing who requests an official transcript. If one participant creates an official transcript, RSC may be required to provide that official transcript to the other participant(s) upon request.  

12. At the conclusion of the Student Accountability Hearing, the parties will be informed, in writing, of the result of the investigation, any sanctions imposed, the rationale for the result and the actual sanctions imposed, and the findings of fact. They will also be informed of their right to appeal the decision to an Appellate Board within two (2) business days of the decision, pursuant to the procedures set forth in § VIII (E) (below). 

13. Students have the option to choose whether to disclose or discuss the outcome of the  Student Accountability Hearing.  

14. Unless otherwise required by law, RSC will protect all information obtained about students during the course of the disciplinary process from public release, until the Appeals Board makes a final determination. 

15. The co-complainant must be permitted to withdraw from RSC’s Student Accountability proceeding process at any time. If the co-complainant chooses to withdraw, however, RSC  may choose to proceed with Student Accountability charges, without the co-complainant’s participation. If RSC continues an investigation or takes action after a co-complainant withdraws, the co-complainant has the right to participate as much or as little as the co-complainant wishes.  

C. Rules Applicable to Cases Involving Charges Other Than Sexual Offenses Only

1. 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.  

2. 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. 

3. 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. 

4. 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. 

5. 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. 

6. 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. 

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

8. 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. 

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

10. 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 that do not involve Sexual Offenses that are 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. In cases involving Sexual Offenses that are decided by a Student Accountability Board,  the Student Accountability Board shall determine and impose the sanction(s). In cases involving a Sexual Offense charge or complaint, the respondent and complainant must be offered an opportunity to make an impact statement during the point of the hearing where the Student Accountability Board is deliberating on appropriate sanctions.  Following the hearing, the Student Accountability Board shall advise the respondent and complainant simultaneously in writing of the determination and of the sanction(s)  imposed, if any, the findings of fact, and the rationale of the Student Accountability  Board for the decision and sanction. The Vice President for Student Life shall receive a copy of this letter. 

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 Conduct Code, 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 full policy at: 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.

5. 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

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

7. 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.

8. 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;

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

e. To review a Title IX Coordinator’s final determination that no Sexual Offense violation occurred; and

f. To review any portion of a Student Accountability Board’s final determination regarding a Sexual Offense charge or complaint.

B. Appeals From Decisions of a Title IX Coordinator or Student Accountability Administrator

1. A final determination by a Title IX Coordinator or 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.  

7. In cases involving Sexual Offenses, the parties will be informed, in writing, of the result of the appeal, the Appellate Board’s recommended sanctions, the rationale for the result and for the Appellate Board’s recommended sanctions, and the Appellate Board’s findings of fact. Delivery of this outcome will not be delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into close proximity to each other.  

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.  

10. In cases involving Sexual Offenses, the parties will be informed, in writing, of the result of the appeal, the Appellate Board’s recommended sanctions, the rationale for the result and for the Appellate Board’s recommended sanctions, and the Appellate Board’s findings of fact. Delivery of this outcome will not be delayed to either party, and should occur as nearly simultaneously as possible, without unnecessarily bringing those in conflict into close proximity to each other.  

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 (including but not limited to Sexual Offenses), 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, including a Sexual Offense, 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, other than situations involving a Sexual Offense charge or complaint, 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