Conflict Resolution and Civic Responsibility
Frequently Asked Questions
- What does the Office of Conflict Resolution and Civic Responsibility do?
The University is dedicated to the ideals of a just community. Members of a just community are committed to liberty and equality and to the principles of respect, integrity, innovation, openness, justice and responsibility. This Office is central to maintaining these ideals, and in order to do so, the Office investigates and resolves alleged violations of University’s student code of conduct. - What is the Student Code of Conduct?
The Code of Conduct at the University at Albany is called Community Rights and Responsibilities. It describes prohibited conducted at the University and the process by which the University asserts it’s values and attends to allegations of violations of Community Rights and Responsibilities. Copies are available in the Office of the Vice President for Student Success, the Department of Residential Life and the Office of Conflict Resolution and Civic Responsibility - What is a Conduct Referral? What does it mean to be “Referred for Conduct”?
A Conduct Referral is an official document alleging that a student has violated one or more of the 25 codes written in Community Rights and Responsibilities. Any member of the University at Albany community may file a student conduct referral with the Office of Conflict Resolution and Civic Responsibility. All conduct referrals contain a written description of the alleged violation and the specific codes allegedly violated. - What if I am involved in an incident off-campus?
UAlbany students are bound by the code of conduct both on and off campus and may be referred for serious violations of the code deemed adverse to the interests of the University community. - How will my case be resolved?
There are a number of ways in which a case may be resolved, depending on the seriousness of the alleged violation. Less serious violations of the Code may be adjudicated through a conflict resolution meeting or mediation. Mediation is often appropriate when a Conduct Referral arises out of a dispute between or among students. The students would meet with a trained mediator who assists the students in coming to a written agreement. Cases referred by faculty or staff are most often resolved through the “Administrative Review” process, which involves a meeting with a professional staff member who will review the case, ask for your perspective, and determine what sanction is appropriate. In these cases, the student waives their rights to a hearing under Community Rights and Responsibilities and asks that the case be resolved administratively without a student conduct hearing. More serious violations or incidents where the parties cannot come to agreement on the facts of the case warrant a Student Conduct Hearing. In any cases where a student may face sanctions of removal from residence, suspension or dismissal from the University, the student has a right to a hearing before an objective Judicial Body. - So will my Conduct Hearing be like a trial?
Conduct Hearings differ from criminal or civil trials in several ways. The conduct hearing is an administrative process, while the criminal or civil trial is a legal process. Parties to a campus conduct hearing must present their own case. While both parties are permitted to have an advisor of their choice, including an attorney, advisors may not represent them, as they would be in civil or criminal trials. Parties may not “object” to questions being asked or to evidence being presented. The experienced Board members decide what questions and evidence are appropriate. The standard of proof in student conduct hearings is a preponderance of evidence. The Judicial Body must weigh the evidence and testimony presented and determine if it is more likely than not that the accused violated the code(s) in question. - How do I prepare for my case? Can I bring witnesses? What are my rights?
Prior to your hearing, you will meet with a staff member from this office to have a Pre-Hearing Conference (PHC). During the PHC, you will be presented with the written Conduct Referral stating what codes you are alleged to have violated, a description of the incident as written by the complainant, and any additional documentation/evidence as appropriate. Review these documents carefully as they will form the basis for the case. Both the referring party and you will have an opportunity to make an opening statement, to ask questions of the other party and any witnesses you or they may bring, and to make a closing statement. You should think about what you want to communicate at your hearing. The Judicial Body will also likely have questions for all parties. Remember that the hearing is your opportunity to tell your perspective on the incident. You may bring people who witnessed the incident to support your perspective. It is the responsibility of the referred and referring parties to identify their witnesses prior to the hearing and to notify them of the date, time, and location of the hearing. During your PHC, you are encouraged to ask questions if you do not understand something. Our staff is dedicated to protecting the rights of all students and does not “take sides” in these matters. As a student at UAlbany, the code of conduct to protects your rights while upholding the values of the University. You have a right to be treated fairly by all parties and the University following the rules and procedures contained in CRR. - Do I need a lawyer?
The decision to retain an attorney is a very personal one and a right that you have. You are entitled to have an advisor present with you at the hearing. The advisor could be an attorney, a parent, a faculty member, or just a supportive friend. Your advisor will not be permitted to address the Judicial Body , however they are permitted to communicate with you quietly to advise you during the hearing and you may ask for a brief recess during the hearing to consult with your advisor. - What might happen if I’m found responsible for violating a policy?
Students found responsible for violating one or more of the policies written in code of conduct are issued what’s called a “sanction”. Sanctions are intended to be educational in nature but they may also be punitive and they are designed to secure and protect the rights of individuals and the University community. Sanctions range from University Disciplinary Warning for less severe circumstances, to University Disciplinary Probation, Removal from Residence, Suspension and even Dismissal for very serious cases. All sanctions are communicated to students in writing. - Does the sanction go on my transcript?
Suspension and Dismissal are the only sanctions that go on a transcript. The transcript notation “Suspension-Disciplinary remain for 6 years after the last date of attendance. The transcript “Dismissal-Disciplinary remains permanently. Other sanctions do not appear on transcripts, but are kept on file for seven years as required by the New York State Records retention Law. Subsequently, they are expunged and destroyed. The only way anyone could access your disciplinary record would be with your permission (i.e. a signed release presented to this office) or if the records were subpoenaed by a court. - Will my parents be notified at all?
In accordance with federal law, parents may be notified in certain circumstances if a student is found in violation of campus regulations. Our staff will encourage you to speak to your parents and seek their advice and assistance. Parents are routinely notified of alcohol and other drug violations. - What happens if I’m involved in a policy violation again?
Students with an active sanction that are found in violation of the code of conduct will have that sanction taken into consideration when deciding on a sanction for the new violation. Repeat violators are typically subject to more severe sanctions, for example those violating the alcohol or drug policy for a second time could be removed from the residence halls or suspended. See page 25 of Community Rights and Responsibilities to view the Incident-Sanction Protocol for Alcohol and Other Drug Violations. - What if another student did something to me that violates my rights, but I am not sure what to do about it?
There are many resources available to students including Residential Life Staff, University Police, University Counseling Center, Student Legal Services (CC 116), Academic Advisor, etc. If an incident is reported to us by University Staff, we will likely seek you out to get your perspective. If no “official” report was made, we can consult with you to discuss the incident and let you know what codes may have been violated and your options for action, should you wish to do something. Simply talking to our staff does not automatically result in a referral. In most cases, the decision to proceed lies entirely with you. - What about cheating in classes? Do you handle that too?
Yes. “Cheating”, more formally known as Academic Dishonesty, is taken very seriously in our community of scholars. Academic Dishonesty can consist of claiming another person’s work as your own by failing to give them credit (i.e. bibliography and footnotes), copying off of someone else’s test, or submitting the same paper for multiple classes without prior consent. The sanctions for Academic Dishonesty are among the most severe. See Appendix C (pages 17 – 22) in the Community Rights & Responsibilities for the detailed academic dishonesty policy. - Who is on the Judicial Board? How can I get involved?
Judicial Boards are made up of your peers; fellow students who have been trained in the hearing process. These students are advised by full-time, experienced professional staff called “judicial advisors.” In some instances, cases are heard by Hearing Officers in the absence of a board. Each year, students are invited to apply to be judicial board members. They go through an interview process and if accepted, are trained in the code of conduct and hearing procedures. Applications are available in the Office of Conflict Resolution & Civic Responsibility, and the Department of Residential Life.
