COVID-19 Conduct Protocol and Sanctions
Sept. 30, 2020
In accordance with a directive from State University of New York Chancellor James Malatras and the COVID-19 public health directives issued by the Governor and the New York State Department of Health relating to the re-opening of SUNY campuses, this comprehensive emergency directive has been issued to address violations of COVID-19 safety protocols occurring at SUNY’s State-operated campuses and community colleges.
To effectuate a fair and consistent approach to policy violations by students at its state-operated and community colleges, SUNY has established this COVID-19 sanctioning policy for all state-operated and community college campuses.
Under this policy, all students maintain the due process rights guaranteed to them by the federal and New York State Constitutions, New York State law, SUNY regulations and University-wide and campus policies. Students are strongly encouraged to follow the reasonable requirements of wearing masks/coverings, socially distancing, avoiding crowds, presenting for COVID-19 testing, filling out daily digital health forms before arrival on campus, reporting positive test results, and following all directives of campus, local, and State health officials.
Consistent with SUNY policy, the standard of evidence shall be preponderance of the evidence. Students are presumed not responsible until the college makes a finding based upon the evidence. Furthermore, the college has the authority to consider a student’s financial and other exigent circumstances in resolving a violation.
The college may use interim suspension or other interim action for students who commit a COVID-19-related violation during the pendency of the investigation and adjudication process as provided by the college's Code of Conduct. The college shall determine whether students can participate in their coursework remotely during the investigative and adjudicative process. Due to the continuing health threat presented by a student under investigation enrolling in another institution without such institution’s knowledge, during the pendency of such an investigation and adjudication, if allowed under the Code of Conduct, a hold shall be placed on a student’s transcript and release thereof.
Multiple findings of responsibility may result in graduated levels of sanction, up to and including permanent dismissal. Additionally, findings of violations during periods when the college is partially or completely closed (or on pause), under the standards established by the New York State Department of Health and SUNY Chancellor, may result in elevated levels of sanction. All sanctions established in this policy serve as the minimum, and the college has the discretion to enact higher sanctions where merited. A finding of responsibility and applied sanction of dismissal or suspension shall, consistent with SUNY policy, leave the respondent ineligible for refund of tuition, room, board, or fees, and the student will be responsible for all amounts owed.
This policy shall apply only during the emergency response to the COVID-19 pandemic, and shall end upon order of the Chancellor.
This policy shall take effect at 8:00 a.m. on October 1, 2020. Questions regarding this policy shall be directed to Kim Irland, Dean of Student Life.
For specifics on how the policy would address violations, please refer to the menu below.