Student Conduct Procedures

Students that are alleged to have violated the Student Code of Conduct will be apprised of the allegations and afforded the opportunity to participate in a conduct meeting. After a determination/decision has been made regarding the alleged violation(s), students may request an appeal so long as they (i) attended their original conduct meeting, (ii) have grounds for an appeal as stated in the Student Conduct Process, and (iii) submit the required documentation. At the end of the appeal, a final decision will be issued. The process is concluded after the final decision is rendered. The Provost or their designee has the authority to immediately address serious violations of the University’s code of conduct.

The Code of Conduct is outlined in this Handbook. Students are responsible for being aware of these standards of conduct. A plea of ignorance is not an acceptable excuse for violating University policy. Students are encouraged to familiarize themselves with these policies.

When an alleged violation of the Code of Conduct occurs, the incident should be reported as soon as possible. Students have the right to contact local police at any point, however students will still be required to go through the college conduct process (if applicable). The University may notify local and federal authorities when a crime is alleged to have been committed, but such notification will not modify the University’s authority to adjudicate the alleged misconduct through its own student conduct system.

Part 1: Organization

1.1	The Board of Trustees and President of Manhattanville University have delegated authority to the University Student Conduct System to adjudicate cases alleging violations of the Code of Student Conduct by Manhattanville University students.
1.2	The procedures included herein apply to the resolution of social misconduct and related matters. Academic integrity cases are handled through a separate process administered by Academic Integrity Office.
1.3	Supervision and implementation of the University Student Conduct System is the responsibility of the Provost and/or their designee.
1.4	Manhattanville University is an institution of higher learning where individual growth and development are fostered, excellence is pursued, and the highest standards of integrity are expectedin all areas of life. Manhattanville University is committed to providing an environment where persons are safe, property is secure, individual rights of all persons are respected, and education of the highest quality is achieved.
1.5	The Code of Student Conduct outlines the behavior that is expected of all students at Manhattanville University. Having enrolled at Manhattanville University, all students have entered into an agreement to abide by the rules and regulations set forth in the Code of Student Conduct. Each student is responsible for conforming their conduct to the requirements of this code and applicable federal, state, and local laws.
1.6	Manhattanville University considers student leaders to be those that hold positional offices in organizations (i.e., president, vice president, secretary, treasurer) or those that influence the behaviors and decisions of an organization.
1.7	Manhattanville University considers its Code of Student Conduct as a statement of minimal expectations and seeks to foster a commitment to the highest standards of ethical behavior by the coherent, consistent, and fair manner in which it enforces its rules and regulations. The University views its student conduct process as a learning experience that is intended to result in the growth and understanding of individual responsibilities on the part of all persons.
1.8	Individuals who pursue allegations of student misconduct through the University Student Conduct System are deemed to have accepted the University’s philosophy that any potential sanctions will be designed to address the safety and security of persons and property and to educate students with regard to higher standards of behavior.
1.9	Violations of the Code of Student Conduct will be adjudicated by theUniversity Student Conduct System, which is designed to reflect and to support the educational mission of the institution and ensure the fair and equitable treatment of all individuals and groups charged with or reporting student misconduct.
1.10	Requests for disability accommodations should be made to the Center for Student Accessibility.

Part 2: Philosophy

The University encourages all students to govern their own social and intellectual community through the procedures outlined below. By encouraging individuals to govern their community, the University does not absolve the individual from accepting responsibility for their own behavior.

The University adheres to its mission statement to educate ethically and socially responsible leaders for the global world. The University reaffirms its tenet that its community must be respectful of all differences including perceived age, race, creed, color, religion, national origin, immigration or citizenship status, ethnicity, sexual orientation, military status, sex, gender, disability, predisposing genetic characteristics, criminal conviction, marital status, familial status, domestic violence victim status, gender identity, or transgender identity.

The University does affirm the idea of student freedom with the acceptance of full responsibility for individual action and the consequence of such action. The University reserves the right to intercede and require the immediate suspension or withdrawal of a student where that behavior is perceived to constitute a threat to or violate the rights of members of the community or the individual student. Disciplinary authority is vested in the office of Student Affairs and the Provost’s office. In addition, the President and the Provost or their designee can, in the exercise of discretion, immediately dismiss, suspend or discipline a student for serious misconduct.

Responsibilities Within the Larger Community

It should be remembered that Manhattanville has an obligation to uphold the laws of the larger community. While the activities covered by the laws of the larger community and those covered by Manhattanville’s rules may overlap, it is important to note that the community’s laws and Manhattanville’s rules operate independently and do not substitute for each other. Manhattanville may pursue enforcement of its own rules whether or not legal proceedings are underway or in process and may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether University rules have been broken. Conversely, the University makes no attempt to shield members of the Manhattanville community from the law, nor does it intervene in legal proceedings against a member of the community. The University may, in its discretion, invite law enforcement authorities to the campus to conduct police business and investigation anywhere on the campus. Membership in the Manhattanville community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of Manhattanville’s regulations.

Reports of any violent felony offenses committed on campus will be immediately referred to the Harrison Police Department by the Director of Campus Security in conjunction with the Dean of Students or Provost.

Romantic and sexual relations between a student and a faculty or staff member, including voluntary and consensual relations, are prohibited.

Violation of the Law and University Discipline

If a student is charged with or commits a criminal act or violation of the law whether on or off campus, the University may institute its own disciplinary proceedings or in its discretion, otherwise discipline, suspend or expel the student. The University may impose sanctions immediately for serious misconduct, because such conduct calls into question the student’s membership in the University community and may adversely affect the abilities of others to pursue their educational goals or the safety of any member of the University. In the case of an off-campus violation of the law, the University may, in its discretion, immediately discipline a student without first conducting its own fact-finding. If the violation of the law occurs on campus, the University may obviously institute its own proceedings against the offender. However, if the misconduct is sufficiently serious and could compromise the health or wellbeing of any student, the Dean of Students, Provost, or President may immediately discipline a student in their exercise of discretion.

Responsibilities and Ethical Standards of the Conduct Process

The disciplinary record of a student or group, the nature or status of any disciplinary situation shall not be discussed or disclosed unless there is an educational need to know. An objective attitude must be maintained throughout the proceedings. Members of any proceedings have an obligation to disqualify themselves from an investigation when they feel that they cannot be impartial in reaching a decision.

The University conduct process is not meant to be a legal process. The following table outlines the major differences between the Legal System and the University Student Conduct process:

Legal System	University Student Conduct Process
Prosecutes criminals who violate the law	Discipline students who violate institutional rules
Higher standard of proof — “beyond a reasonable doubt”	Lower standard of proof — “more likely than not.” (Also referred to as the "preponderance of the evidence.")
“Rules of evidence” often applied in state and federal courts	“Rules of evidence” do not apply to Student Conduct Meetings or Hearings. The University utilizes "the preponderance of evidence" when reviewing a case; The hearing officer will weigh all evidence — including issues of credibility and relevance — when making a determination
More severe punishment	Educational and corrective accountability
Can imprison people	Maximum consequence is expulsion
State and federal laws set minimum standards for the safe and orderly operation of society	Set standards requiring ethical and moral behavior of students to create and maintain a productive University living and learning community
Legal system may choose not to prosecute a certain action or behavior	Campus resolution may proceed before, during or after civil or criminal actions are concluded. Civil and criminal processes do not affect the Student Conduct process.
Punishment	Action Plan/Assignments/Sanctions
"Guilty" or "not guilty"	"Responsible" or "not responsible"
"Plaintiff" and "Defendant"	"Complainant" and "Respondent"

Part 3: Jurisdiction

3.1	This Code of Conduct shall apply to every Manhattanville student, whether matriculated or not, whether taking courses on-campus or off. In aneffort to provide a safe and secure environment and to protect the public order, the University believes it must hold the members of its community accountable for their behavior at alltimes, on and off campus.
3.2	University jurisdiction and discipline is not limited to conduct which occurs on University premises. Conduct which adversely affects the University community or all those communities with which students interact in carrying out educational or professional activities, including but not limited to students pursuing field experiences and other course assignments, practica, internships, student teaching or supervised teaching, teaching under an internship certificate, research, and students attending professional conferences and education events, shall fall under the jurisdiction of this Code. We aim to especially protect those individuals, such as children, who are deserving of special protections.
3.3	The University Student Conduct System has jurisdiction over all alleged violations of the Code of Student Conduct by any student or recognized student organization that may be brought to its attention. Jurisdiction of the University Student Conduct System extends to alleged misconduct that takes place on University owned or controlled property; alleged misconduct that takes place at any University sponsored event; and alleged misconduct that has an impact on the educational mission and well-being of the University community that takes place at any location off campus.
3.4	The University Student Conduct System has jurisdiction over complaints against students alleging sex discrimination including sexual and gender-based harassment, assault, and violence. The Manhattanville University Sexual Misconduct Policy applies to all University programs and activities. The University processes sex discrimination complaints regardless of where the alleged conduct occurs to determine whether the conduct occurred in the context of its educational program or if it had continuing effects on campus or in an off-campus program or activity.
3.5	University student conduct proceedings are administrative in nature and independent of any criminal and/or civil legal proceedings that may be concurrently in process. University student conduct proceedings are intended to enforce the Code of Student Conduct at Manhattanville University although the conduct in question may be simultaneously in violation of federal, state or local laws. The student or University may notify local and federal authorities when a crime is alleged to have been committed, but such notification will not modify the University’s authority to adjudicate the alleged misconduct through its own student conduct system.

Part 4: Roles Within the Conduct Process

4.1

Conduct Officer: The Conduct Officers are Manhattanville professional staff members as designated by the Provost who act as conduct officers in reaching resolution of student conduct complaints. The Conduct Officer investigates allegations of individual student and student organization misconduct, then renders a decision from the information gathered. The Conduct Officer investigates allegations of individual student and student organization misconduct, then renders a decision from the information gathered.

4.2

The Complainant: The reporting individual or University office which files a complaint that proceeds to a formal conduct process is the “complainant”. The student or student organization against whom the complaint is filed is the “respondent”.

4.3

The Respondent: A student who is alleged to have violated the Student Conduct Code.

4.4

Advisor: Complainants and respondents have the right to have a Manhattanville University employee or student (excluding any relative employed by the University) attend the hearing in the role of advisor. This individual only serves as an advisor and does not actively participate in the hearing. This individual may not address the conduct officer, but may consult with the complainant/respondent. Legal counsel/attorneys, parents/guardians and/or family members, students involved in the incident are not permitted to participate in the meeting.

4.5

Witness: Witnesses are anyone with relevant information about an incident and can participant in-person, remotely or via a statement.

Part 5: Interim Suspension and Other Administrative Actions

5.1	The status of a respondent will not be changed while a case is pending, unless the Provost, or a designee, determines that an interim suspension or other measures are required to promote the safety and well-being of the University community. Interim suspension limits a student’s ability to be physically present on University property, participate in classes, and/or participate in University activities.
5.2	The Provost or a designee may provisionally suspend a student to protect the safety, security, or well-being of all members of the University community. Absent extenuating circumstances, within two (2) business days, a student will be notified of tentative student conduct charges. Tentative charges are subject to change depending on the information gathered during an investigation. If tentative charges are filed, all efforts will be made to investigate the incident further and proceed with the student conduct process in a timely fashion.
5.3	A student who is suspended on an interim basis will be given the opportunity to be heard by the University Conduct System. Such a request must be made by the student within two (2) University business days of the imposition of the interim suspension. The Conduct Officer will hear the case on the merits of the decision to impose the interim suspension within two (2) University business days of receipt of the student’s written request for a hearing. The decision will be confirmed within two (2) days of the hearing. If no such request is made, the interim suspension will remain in effect pending a hearing meeting on the merits of the conduct case, or until the safety or security concern is resolved.
5.4	Where an interim suspension is imposed in a case involving the arrest of the respondent, the University may require the associated criminal matter to be resolved in full prior to the pending conduct case being heard on its merits. In cases of sexual misconduct, the University may be required to proceed with the conduct case prior to resolution of an associated criminal matter.
5.5	In certain circumstances, a No Contact Directive may be issued by the Provost, designee, or the Title IX Officer, as a directive to prohibit communication to, or among, designated students when there is reason to believe that continued contact is not in the best interest of the involved students to promote their safety and security, or to prevent future negative interactions between the students.
5.6	No Contact Directives prohibit all forms of contact including, but not limited to, contact via social media, contact via a third party and/or in person contact. In certain circumstances, as indicated on the No Contact Directive, a student who receives a No Contact Directive that is issued understands that it remains the student’s responsibility to remove themselves from the situation as quickly as possible under the circumstances.
5.7	If a No Contact Directive is issued, both parties will receive an emailed copy of the Contract and both parties are expected not to have contact with one another.
5.8	No Contact Orders will be reviewed by the Conduct Officer or a designee, to determine if there is a need to continue the contract after the investigation or remove the contract. Both parties will be notified in writing of the decision of the Conduct Officer, or the designee.
5.9	Violations of No Contact Directive by the student to whom it is actionable under the Manhattanville University Student Code of Conduct and will be considered a disciplinary offense and may result in suspension from the University.
5.10	No Contact Directive may be removed or amended by the Provost or the designating conduct officer. If either involved student wants the Contract to be removed, a written request to have the No Contact Directive removed should be sent to the Provost or designee. Manhattanville University is not responsible for negative behaviors that may result from removal of the No Contact Directive if the individual requesting the removal of the No Contact Directive is the person who requested its issuance. The letter must include:
	A description of the events resulting in the No Contact Directive being issued. Names of those listed on the No Contact Directive. Reasons why the No Contact Directive should be removed or amended. Plans to prevent any negative incidents from occurring between parties listed in the order.
	No Contact Directive will not be considered for removal if all elements of the written request are not addressed, or if there is evidence of the potential for future negative incidents between listed parties or the other party does not want the No Contact Directive removed.
5.11	No Contact Directives are a part of a student’s conduct file.

Part 6: Overview of the Conduct Process

6.1	A complaint may be filed against any student or recognized student organization by any member of the University community. Complaints may be filed by a student, faculty member, or staff member by filling out a standard Incident Reporting form. The Provost is available for consultation prior to submitting a complaint. A non-University member may file a report with the Department of Campus Safety. A report by a non-University member may be adjudicated if the interests of the University community are sufficiently implicated. All documentation and other information associated with the complaint, e.g., Department of Campus Safety or police reports and witness statements, should be included with the standard incident report form and submitted to the Dean of Students office.
6.2	Once a report is received, the Conduct Officer will determine whether a complaint concerns students and/ or recognized student organizations and whether the complaint concerns subject matter falling within the jurisdiction of the University Student Conduct System. The Conduct Officer further will determine whether the complaint demonstrates sufficient information to warrant further investigation and/or commencement of the student conduct process. The Conduct Officer reviews all filed complaints and identifies charges based on the information presented in the complaint.
6.3	The standard of proof applied within the University Student Conduct System is a preponderance of the evidence, which requires a demonstration that it is “more likely than not” that the respondent has violated the Code of Student Conduct.
6.4	Some allegations of student misconduct require investigation prior to determining whether further student conduct proceedings are warranted. As appropriate, the University will conduct an investigation concerning the allegations. The investigation may be conducted by the Student Conduct Officer, the Department of Campus Safety or another appropriate University office or representative. In cases involving alleged criminal conduct, the Department of Campus Safety can assist a complainant in making a criminal complaint. A complainant need not pursue a criminal complaint in order to seek to hold the accused responsible through the University’s Student Conduct System.
6.5	The University Student Conduct System is confidential and closed to persons not directly related to the case. All parties involved in the University Conduct System are expected to maintain the confidentiality of the process and proceedings. The University reserves the right to correct any misinformation with regard to University Student Conduct System actions that may be circulated in the media when the well-being of the community so requires.

Part 7: Representation During the Conduct Process

Complainants and respondents have the right to have a Manhattanville University employee or student (excluding any relative employed by the University) attend the hearing in the role of advisor. This individual only serves as an advisor and does not actively participate in the hearing. This individual may not address the conduct officer, but may consult with the complainant/respondent. Legal counsel/attorneys, parents/guardians and/or family members, students involved in the incident are not permitted to participate in the meeting.

Part 8: Resolution Process and Information

8.1	Upon determining that the complaint/incident is appropriate, the Conduct Officer will contact the student or student organization for a conduct meeting. If a student or student organization does not attend the conduct meeting without prior notice to the Conduct Officer, a decision may be rendered in the student’s or organization’s absence. Complainants do not attend hearing meetings with the respondents.
8.2	If needed, the Respondent(s) has 48 hours from when the letter is sent by the Conduct Officer to re-schedule a conduct meeting with the Conduct Officer. Failure to re-schedule and/or attend the hearing without prior consent from the Conduct Officer will result in:
	7.2.1.	The forfeiture of the student ability to present information on their behalf.
	7.2.2.	Sanctions being issued to the student without the benefit of their input.
8.3	The Respondent has a right to know the nature of the incident at the time of the hearing and provide any information and/or witness statements for the Conduct Officer to review.
8.4	Recording devices (audio and/or video) of any kind are not permitted for use during hearing meetings.

Part 9: Hearing Process

9.1	This conduct meeting will take place in a timely manner, usually within two weeks after the complaint/incident is received. Each party will be given written notice of the charges, the procedural rights of a student, and the date, time, and location of the hearing meeting.The hearing notice will be emailed at least three (3) business days prior to the scheduled conduct meeting.
9.2	The Conduct Officer will share the charges/violations with the individual and ask questions or clarification of the information provided.
9.3	The parties will be able to provide their encounter of the incident and provide names of witnesses to the Conduct Officer. The Conduct Officer will have the discretion to allow or exclude witnesses proposed by either party when the information offered by a witness would be cumulative or irrelevant, or the witness would unnecessarily compromise the confidentiality of the hearing.
	8.3.1.	All parties must act in a manner that is respectful of the proceedings and the rights of all individuals involved. It is the responsibility of each party to assure their advisor and witnesses act in a respectful manner.
	8.3.2.	At the conclusion of the hearing meeting, the Conduct Officer will discuss with the parties the possible outcome and sanction(s).
9.4	Each party will receive written notice of the confirmed decision within five (5) business days after the conduct meeting. If a decision cannot be made within five (5) business days after the hearing meeting, the Conduct Officer will reach out to the parties involved to inform of the delay. Sanctions may become effective immediately, even while an appeal is pending, where the facts and circumstances warrant. The timing of any sanctions will be specified in the written notice of the decision. Appeals from decisions of the Conduct Officer must meet the criteria set forth in Part 10 are heard by the Dean of Students or the Provost.

Part 10: Sanctions for All Conduct Cases

10.1	The primary goal of the University Student Conduct System is education. In addition to educational sanctions, the college may issue sanctions that affect a student or student organization’s status at the college. All sanctions are official actions of the University. Failure to comply with sanctions or with specific conditions related to the safety and security of any persons or property while a case is pending, may result in immediate, suspension or expulsion from the University without benefit of further process.
10.2	The following sanctions, or any combination thereof, may be applied to any individual student, group of students,or student organization, for violations of the Code of Student Conduct and related University policies.
	EDUCATIONAL SANCTION: The primary goal of the University Student Conduct System is education. Conduct Officers may design sanctions that are specific to an individual case when it is determined that educational value may result and the interests of the University community are maintained. Examples of educational sanctions include, but are not limited to: AlcoholEdu online course, community service, Community Involvement Assignment, Decision Making Assignment, workshop, monetary restitution, and research and writing assignments. RESTITUTION: Reimbursement by the student to the University or to a member, group or organization of the University community to cover the cost of repair or replacement of damaged or misappropriated property. This is generally an automatic conduct order in cases of unrecoverable property. WRITTEN WARNING: An official warning that is recorded in a student’s conduct record notifying the student or student organization violated the University’s Code of Conduct. Any further violations will lead to a more serious sanction. MANDATORY COUNSELING: In some instances students may be mandated to the Student Health and Counseling (SHAC) for evaluation. Students mandated to counseling will be given a deadline by which they must have made an appointment to be seen. If, based on the original evaluation, the Counseling and Wellness Center or other professional provider recommends a course of treatment, the student is required to continue treatment until the Counseling and Wellness Center or other professional recommends cessation. Failure to follow through with mandated counseling could result in removal from the residence halls and/or dismissal from the University. RESTRICTIONS FROM ACTIVITIES/LOSS OF PRIVILEGES: Students may be restricted from active status or participation in any and all organized University activities other than required academic endeavors for a designated period of time not to exceed two full semesters/32 weeks of enrollment. Visitation and guest privileges in the residence halls or elsewhere on campus may be revoked. The right to maintain a vehicle on campus may be revoked. These restrictions, if imposed, will be effective immediately upon rendering a decision and will remain in effect for a designated period of time. RESIDENTIAL HALL RELOCATION: A residential relocation involves the reassignment of a student’s living unit within University housing and usually prohibits the student from returning to the residential area associated with the former living assignment. DISCIPLINARY PROBATION: This action constitutes a change in status between good standing and suspension or expulsion from the University. The student or student organization is permitted to remain enrolled at or retain recognition by the University under stated conditions, depending upon the nature of the violation and upon the potential learning value that may derive from specific restrictive measures. Further violations may result in immediate suspension, or expulsion from the University. Terms of disciplinary probation shall be for a designated period DEFERRED SUSPENSION: Deferred suspension is a period of review during which you must separate from the University for a period of review during which the student must demonstrate an ability to comply with University rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any college rule or regulation or an order from a University official, the student will be immediately suspended from the University. RESIDENCE HALL SUSPENSION: These statues indicate that a student is not eligible to live in or visit the University’s residence halls. A residence hall suspension involves the student’s removal from housing altogether. These statuses may extend for a specific period of time, until the completion of specific conditions, or permanently. These statuses may be limited to a specific facility or applied to all facilities. SUSPENSION: Separation from the University for a designated time period. A suspended student will be ineligible to graduate until the term of suspension has been served. There will be no refund of room, board, or tuition for students who are suspended, expelled or who withdraw from the University pending or as a result of disciplinary action (This supersedes the University policy on refunds). This also applies to students who are suspended in an interim or emergency basis while their student conduct matter is pending.a. decision will be made as to the effective dates of suspension. The suspension will be effective immediately and the student must leave campus within 24 hours. b. The Dean of Students or designee will recommend the earliest academic term for which the student may apply for readmission, providing all conditions for readmission have been met. c. Students on disciplinary suspension are prohibited from visiting the campus. Permission may be granted by their conduct officer only if the student needs to address official business at the University. The student will need to get permission from their conduct officer so Campus Safety can be notified, the student may need to be escorted while on campus. Unauthorized visitation may subject the student to possible arrest for trespassing. d. A decision will be made by the Dean of Students or designee if the student is eligible to earn transfer credit during the term of disciplinary suspension. If the student is authorized to earn credit during the term of disciplinary suspension or after the recommended term of disciplinary suspension has elapsed, permission must be obtained from the appropriate School Dean prior to enrolling in courses (If courses are to be counted for major or minor credit, they also must be pre-approved by the Division Chair). e. A decision will be made if other restrictions are to imposed and effective while the case, is under appeal and/or during the term of suspension; (For example, the student may be prohibited from active participation in University activities, from having contact with designated individuals, from having access to specific University facilities, etc.) f. A decision will be made regarding the term of disciplinary suspension and if that suspension may be served concurrently with a term of academic suspension in the event that the student is also suspended for academic reasons. g. A decision will be made regarding the behavioral and disciplinary terms that affect the student’s eligibility for readmission. h. A decision will be made regarding the behavioral and disciplinary terms that are to be in effect if the student is readmitted. i. There will be no refund of room, board, or tuition for students who are suspended, expelled or who withdraw from the University pending or as a result of disciplinary action (This supersedes the University policy on refunds). This also applies to students who are suspended on an interim or emergency basis while their student conduct matter is pending. DISMISSAL/EXPULSION: The Director of Residents Life, the Dean of Students, the Associate Dean in the School of Education, and/or the Provost may decide that a student’s enrollment be canceled, and the student be permanently separated from the University. A student who is dismissed will be ineligible to return or graduate from Manhattanville University. REMOVAL FROM STUDENT OR SUPERVISED TEACHING OR DENIAL OF PERMISSION FOR STUDENT/SUPERVISED TEACHING: Students who are conducting student or supervised teaching may be removed from that specific placement or removed totally from student teaching. The director of Field Placement or the Dean of the School of Education may take this step. This step may be taken immediately if health and safety of children is deemed to be threatened in any form to any degree. Removal from student teaching will be immediate, an “F” will be entered on the student’s transcript, and the student will not be able to complete the semester and earn credits. Those Education students who have not yet undertaken student or supervised teaching may be denied permission to do so. Candidates for teacher or leader certification may be denied a recommendation by the college.
10.3	NOTIFICATIONS
	Parental Notification: For undergraduates, the Conduct Officer may notify parents or guardians via letter, phone call, or email depending on the severity of the violation. If suspension or dismissal is the given sanction, parents or guardians will be notified prior to the Appeals Process. Under certain circumstances, the Office of Student Life staff member will notify a student's Emergency Contact in the event a student is transported to the hospital. Complainant Information: Community members who are alleged complainant of a reported incident against their person or property may be entitled to information about college disciplinary proceedings related to that crime pursuant to the Federal Educational Rights and Privacy Act and the Higher Education Opportunity Act of 2008, section 493. Students who are alleged victims of a sexual offense or one of the following crimes of violence, as defined by the U.S. Department of Education, may be entitled to information: arson, assault offenses, burglary, criminal homicide, destruction, damage and vandalism of property, kidnapping/abduction, and robbery • arson • assault offenses • burglary • criminal homicide • destruction, damage, and vandalism of property • kidnapping/abduction • robbery Students who have requests or questions should contact the Office of the Dean of Students. All information provided by the Dean of Students will be given verbally and directly to the complainant. Information will not be provided to another person, even at the complainant’s direction or request.

Part 11: Sanction Guidelines

The purpose and structure of the conduct system is rooted in the personal development of the student. The policies set forth by the college are standards we expect all students to uphold. When a student violates a policy the goal of the conduct process is to 1) hold the student accountable for their actions and 2) help educate the student so further incident do not occur. Multiple policy violations may increase the sanction given. Furthermore, the Dean of Students or designee may increase the standard sanction if deemed necessary.

Below are guidelines of the possible sanctions for each violation, however, each case will be handled on a case-by-case basis.

CATEGORY	FIRST VIOLATION	SECOND VIOLATION	THIRD VIOLATION
Alcohol – Consumption/Possession	Warning Educational Project Parental Notification	AlcoholEdu for Sanctions Disciplinary Probation Parental Notification	Mandatory Counseling Deferred Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Alcohol – Drinking Games	Warning Educational Project Parental Notification	AlcoholEdu for Sanctions Disciplinary Probation Parental Notification	Mandatory Counseling Deferred Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Alcohol – Hospitalization	Educational Project Mandatory Counseling	Educational Project Mandatory Counseling Disciplinary Probation Parental Notification	Mandatory Counseling Deferred Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Alcohol – Public Intoxication	Warning Educational Project Parental Notification	AlcoholEdu for Sanctions Disciplinary Probation Parental Notification	Mandatory Counseling Deferred Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Alcohol – Underage Distribution	Deferred Suspension Parental Notification	Suspension Parental Notification
	Hearing Officer: DRL	Hearing Officer: DOS
Amnesty Policy	Educational Project AlcoholEdu for Sanctions	Educational Project	Educational Project
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DRL/DOS
Prohibited Items	Warning Removal of Item Hearing Officer: RD	Disciplinary Probation Removal of Item Fine Educational Project Hearing Officer: RD	Removal of Item Fine Deferred Residence Hall Suspension Hearing Officer: ADRL/DRL
Climbing on Structure	Warning Educational Project	Disciplinary Probation	Deferred Suspension
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DR
Decoration	Removal of Item Warning	Removal of Item Fine Educational Project Disciplinary Probation	Removal of Item Fine Educational Project Deferred Residence Hall-Suspension
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Dishonesty	Educational Project Disciplinary Probation	Educational Project Deferred Suspension Parental Notification	Suspension
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DOS
Disorderly Conduct/Disruptive Behavior	Educational Project Warning or Disciplinary Probation	Educational Project Disciplinary Probation or Deferred Suspension	Deferred Suspension or Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Door Propping	Educational Project Warning	Educational Project Fine Disciplinary Probation	Educational Project Fine Deferred Suspension or Suspension
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Electronic Policy Use	Educational Project Disciplinary Probation	Educational Project Deferred Suspension	Suspension Parental Notification
	Hearing Officer: ADRL	Hearing Officer: DRL	Hearing Officer: DOS
Failure to Comply	Warning Educational Project	Disciplinary Probation Educational Project	Deferred Suspension Educational Project
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Failure to Evacuate	Disciplinary Probation Fine Educational Project	Deferred Suspension Fine Educational Project	Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Failure to Report	Warning Educational Project	Disciplinary Probation Educational Project	Deferred Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DRL
False & Malicious Charges	Educational Project Apology Letter Disciplinary Probation	Deferred Suspension Residence Hall Suspension Parental Notifications	Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: DRL	Hearing Officer: DOS
Fire	Parental Notifications Deferred Suspension/ Suspension (depending on severity of the incident) Restitution for damages
	Hearing Officer: DRL/DOS
False Fire Alarm Activation	Disciplinary Probation Education Project Fine	Fine Deferred Suspension	Parental Notifications Deferred Suspension/ Suspension
	Hearing Officer: ADRL	Hearing Officer: DRL	Hearing Officer: DOS
Gambling	Educational Project Disciplinary Probation	Educational Project Deferred Suspension	Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DOS
Guest/Visitor	Warning Educational Project	Disciplinary Probation Guest Privileges Revoked	Deferred Residence Hall Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: DRL
Harassment	Deferred Suspension Educational Project	Suspension
	Hearing Officer: ADRL/DRL	Hearing Officer: DOS
Hate Crime	Educational Project Suspension Parental Notification	Expulsion Parental Notification
	Hearing Officer: DOS	Hearing Officer: DOS
Hazing	Mandatory Counseling Suspension Parental Notification	Mandatory Counseling Expulsion Parental Notification
	Hearing Officer: DOS	Hearing Officer: DOS
Housing Policy Violation	Warning Educational Project	Educational Project Fine Disciplinary Probation	Deferred Suspension Parental Notification Educational Project
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
ID Card	Warning Educational Project Hearing Officer: RD	Disciplinary Probation Educational Project Hearing Officer: RD	Deferred Suspension Educational Project Hearing Officer: ADRL/DR
Illegal Drugs – Distribution	Suspension Parental Notification	Expulsion Parental Notification
	Hearing Officer: DRL/DOS	Hearing Officer: DOS
Illegal Drugs – Drug Paraphernalia	Disciplinary Probation Educational Project Parental Notification	Mandatory Counseling or Substance Abuse Assessment Deferred Suspension Educational Project Parental Notification	Mandatory Counseling Parental Notification Suspension
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DOS
Illegal Drugs - Possession	Disciplinary Probation Educational Project Parental Notification	Mandatory Counseling or Substance Abuse Assessment Deferred Suspension Deferred Residence Hall Suspension Parental Notification	Mandatory Counseling Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DOS
Noise	Warning Educational Project	Disciplinary Probation Educational Project	Deferred Suspension Educational Project
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL
Pets	Removal of Animal Fine Warning Educational Project	Removal of Animal Fine Disciplinary Probation Educational Project	Removal of Animal Fine Deferred Residence Hall Suspension Educational Project
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Physical Assault	Mandatory Counseling No Contact Contract Deferred Suspension Deferred Residence Hall Suspension Parental Notification Educational Project	Mandatory Counseling No Contact Contract Suspension Residence Hall Suspension Parental Notification	Expulsion
	Hearing Officer: ADRL/DRL/ DOS	Hearing Officer: ADRL/DRL/ DOS	Hearing Officer: ADRL/DRL/ DOS
Reckless Endangerment	Disciplinary Probation Educational Project Mandatory Counseling	Deferred Suspension Mandatory Counseling	Suspension Mandatory Counseling
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: ADRL/DRL
Room Capacity	Warning Educational Project	Disciplinary Probation	Educational Project Deferred Suspension
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Sexual Assault	Hearing Officer: Title IX	Hearing Officer: Title IX
Sexual Harassment	Hearing Officer: Title IX	Hearing Officer: Title IX
Sexual Misconduct	Hearing Officer: Title IX	Hearing Officer: Title IX
Smoking – In the Residence Halls	Warning Educational Project Fine	Fine Disciplinary Probation Educational Project	Fine Deferred Residence Hall-Suspension Educational Project
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Smoking – Outside	Warning Educational Project	Fine Educational Project Disciplinary Probation	Fine Deferred Residence Hall Suspension Deferred Suspension
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: ADRL/DRL
Theft	Warning or Disciplinary Probation Restitution for stolen item(s) Apology Letter	Disciplinary Probation or Deferred Suspension Parental Notification Restitution for stolen item(s)	Deferred Suspension or Suspension Parental Notification Restitution for stolen item(s)
	Hearing Officer: ADRL/DRL	Hearing Officer: DRL/ DOS	Hearing Officer: DOS
Threatening or Intimidating Behavior	Mandatory Counseling No Contact Contract Deferred Suspension Deferred Residence Hall Suspension Parental Notification Educational Project	Mandatory Counseling No Contact Contract Suspension Residence Hall Suspension Parental Notification	Expulsion
	Hearing Officer: ADRL/DRL/ DOS	Hearing Officer: ADRL/DRL/ DOS	Hearing Officer: ADRL/DRL/ DOS
Unauthorized Entry	Disciplinary Probation Educational Project	Deferred Suspension Educational Project Parental Notification	Suspension Parental Notification
	Hearing Officer: RD	Hearing Officer: RD	Hearing Officer: DRL
Vandalism	Educational Project Restitution + Fine Deferred Residence Hall Suspension Deferred Suspension	Residence Hall Suspension Parental Notification Restitution + Fine	Suspension Parental Notification Restitution + Fine
	Hearing Officer: RD	Hearing Officer: ADRL/DRL	Hearing Officer: DRL/DOS
Violations of Criminal Law	Educational Meeting, depending on incident
	Hearing Officer: DOS
Weapons and Dangerous Objects	Suspension Parental Notification
	Hearing Officer: DOS

Part 12: Appeals

12.1	A student has 48 hours from receipt of the letter to appeal the decision to the appeal officer in writing. Appeals must be submitted by the student, not a parent/guardian, friend, family member, or legal counsel/attorney. The following are grounds for an appeal: The conduct process was not in accord with the rules and regulations governing the University’s conduct process, and this deprivation materially affected the decision or The finding(s) of the violation(s) is contradicted by new evidence that was not available at the time of the conduct meeting.
12.2	A student has 48 hours from receipt of the letter to appeal the decision to the appropriate appeal officer below in writing. the Dean of Students, for those conduct cases heard by Office of Residence Life staff, the Provost for cases heard by the Dean of Students the SOE Academic Standards Committee for actions taken by the Associate Dean for Graduate Programs the Dean of the School of Education for actions taken by the SOE Academic Standards Committee.
	Once an appeal is submitted the appeals officer will determine if a face to face meeting is warranted. Appellate decisions are final and not appealable and will be rendered after receiving the appeal. Failure to schedule and/or attend the hearing without prior consent from the Conduct Officer will result in: The forfeiture of the student ability to present information on his/her behalf. Sanctions being issued to the student without the benefit of his/her input.
12.3	On appeal, sanctions can be increased or decreased. If an appeal is heard, the following actions may be taken: Possible modification of the sanction, including increasing the penalty. Ordering a reconsideration by the original conduct officer or designee based on: Alleged new evidence – only if the new evidence is of such a nature as to be reasonably likely to change the outcome of the original investigation and was unavailable at the time of the original investigation. Alleged defect in procedure – only if the defect in the original investigation is sufficiently substantial to be reasonably likely to change the outcome. Ordering dismissal of the case where false evidence was presented.

Part 13: Disciplinary Records and Transcript Notations

13.1

Access to disciplinary records is provided in accordance with the Family Educational Rights and Privacy Act of 1974, as amended.

Except in unusual circumstances as determined in its sole discretion, and consistent with federal law, Manhattanville University will seek to notify parents or guardians of conduct issues involving dependent students as follows:

In an emergency;
In an emergency;
After final adjudication and finding of responsibility in all offenses resulting in suspension or expulsion.

13.2

Disciplinary records are retained for seven (7) years from the date of the most recent incident in the student’s file or until one (1) year after the student has graduated from the University, whichever is longer. Records of students who were suspended, expelled, prohibited from future enrollment or otherwise withdrawn for disciplinary reasons are retained indefinitely. Students are advised to consult the Academic Integrity Office with regard to the records retention policies associated with academic dishonesty cases.

Part 14: Student Record Holds

14.1

The University reserves the right to place a hold on a respondent student’s academic records until an investigation and conduct case (if any) is resolved. The hold may prevent the student from registering from classes or obtaining a copy of their academic transcript. Absent special circumstances, students may not withdraw from the University while an investigation or conductcase is pending. A student who attempts to withdraw from the University rather than participate in the conduct process may be classified as having been withdrawn for disciplinary reasons. This status will be noted on the student’s transcript.

Student Conduct Procedures

Student Conduct Procedures

Code of Conduct Handbook

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