As a student who has become involved in a student Conduct hearing, you may have a number of questions about the
Student Conduct System at Binghamton University, your rights, and your responsibilities.The complete list of
frequently asked questions (FAQs) and their answers are provided in easy question and answer format.
There are 2 catogory of FAQ's one that is related to when a student receives a charge letter and the
other when the student receives a Come See Me letter.
| What is
a charge letter? |
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A charge letter is official
notification that formal charges have been filed against you for your
alleged involvement in an incident. It specifies charges and informs you
that a formal judicial hearing will be scheduled.

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| Is
a Conduct Board Hearing required? |
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| Yes, if you
and the student conduct administrator are unable to reach a mutually agreeable
resolution in conference, then formal conduct charges are filed and the
incident is referred for a conduct hearing.

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| Who
can help with questions about hearings and discipline? |
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| You are invited
to speak with a staff member of Student Conduct (x76210), the
SA Student Advocate (x74297), Resident Director, Community Director
or Assistant Director of Residential Life in your building or community.

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| What
is the Student Conduct Board (SCB)? |
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The SCB is the body
responsible for hearing alleged violations of University Rules of Student
Conduct listed in the Binghamton University Student Handbook. Each SCB
consists of three members drawn from the pool of eligible faculty,
staff and student board members (one member is appointed Chair by the Office of
Student Conduct). The SCB makes decisions on whether or not rules were violated and if so,
what sanctions are to be imposed. Sanctions may range from a disciplinary
warning up to and including expulsion from the university. Other sanctions
could include restitution, removal from housing, community service or
educational sanctions as appropriate.

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| What
happens if I have objections to a board member at my hearing? |
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| At the start
of the hearing you will be given the opportunity to object to any board
member. If you raise an objection, the board will consider your objection
and make a ruling. If your objection is upheld, the board member in question
will be excused from the hearing. If you have no further objections, an
alternate board member joins the hearing.

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| May
I bring supporting information, a written statement, or notes to my hearing?
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Yes. You have the right to
present supporting information, an oral statement, and witnesses on your
behalf. You will have the opportunity to know and question the nature
and source of information and oral statements presented during your hearing.
You also have the right to be present when information is being presented
pertaining to the incident.

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| May
I bring an adviser to my hearing? |
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| Yes. You have
the right to be advised by any person of your choosing during your hearing.
Many students have selected a friend, faculty member or staff member or
Student Advocate (x74297) as an adviser. If you decide to
seek the assistance of an adviser, you are encouraged to do so immediately
upon notification of your conference or hearing. This ensures adequate
time for the adviser to assist you. If your adviser is unable to attend
a hearing, you will need to make arrangements with another adviser.

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| What
will my hearing be like? Will it be like a trial? |
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| Your hearing
will be nothing like a trial. Everyone will sit around a conference table
in an informal atmosphere. Although informal, there is structure and order
followed in every hearing. The administrator presenting charges, the accused
student and witnesses will be given an opportunity to make oral statements
before questions are asked.

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| Who
can ask questions during a hearing? |
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| Board members
may ask questions to the accused student, witnesses and the administrator
presenting charges. The accused student(s) and student conduct administrator
are invited to ask questions to each other and to all witnesses.

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| Do
I have to attend my hearing? |
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| No. Although
it is generally in your best interest to attend your hearing, it is not
required. However, if you choose not to attend, The hearing will be held
in your absence. The hearing board considers the evidence available and
bases its decision on a consideration of such evidence. The absence of
the student charged is not an admission of culpability.

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| What
standard is used to determine that a violation has taken place? |
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| Binghamton University
relies on a clear and convincing proof in all judicial hearings.

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| What
will happen if I am responsible for a violation of the Rules of Student
Conduct? |
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| If the Conduct
Board believes you have violated campus policy, a sanction will be imposed.
In deciding appropriate sanctions, the board will consider such factors
as current conduct record and severity of the incident.

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| How
will I find out what the hearing board decided? |
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After the hearing, the Board
Administrator will send you a letter. The letter will explain the board’s
findings. If the board found you responsible, your sanction will be explained
along with a rationale for the board’s decision.

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| If
I am found responsible, can I appeal the results of my conduct hearing?
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| Yes. You may appeal by submitting
a letter to the Student Conduct Office. For more detailed information consult
the Rules of Student Conduct.

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| Who
can see my conduct file? |
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Your conduct file is confidential.
All files are maintained by the Office of Student Conduct: no unauthorized
person may gain access, without a signed release from you.

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| Does
the University retain records? |
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| Yes. As of
October 1, 1998, the Campus Security Act mandates that the University
report all disciplinary referrals for incidents involving Alcohol, Drugs,
and Weapons that were not reported to the University Police Department.
In Order to comply with this federal mandate, the University retains records
of the violations for a duration of seven years. However, upon completion
of any sanction the records are sealed. Records for other types of violations
are destroyed upon completion of any sanction.

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| Will
my parents find out? |
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| In general
The University does not communicate with parents / guardians regarding
matters of student conduct. However, when dependent students are involved
in a series of minor violations or a single serious violation, communication
with parents / guardians may occur through the sanctioning or other administrative
process.

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| What
is a come see me letter? |
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This letter informs you of
an allegation of misconduct that has been made against you. The letter
instructs you that you must meet with a student conduct administrator by
a specific date and time, to discuss the allegation.

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| What
happens if I do not attend the meeting? |
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| Failure to
make and keep the appointment within the specified time frame will result
in formal judicial charges being filed, including an additional charge
of failure to cooperate for not meeting with the student conduct administrator. The case
is then forwarded to the Student Conduct office, and a formal hearing
is scheduled.

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| Do
I have to discuss the case? |
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| No. Although
you must respond to the letter by meeting with the administrator, you
are not required to discuss the specific details of the case. If you choose
not to engage in this type of dialogue with the administrator, the case
will likely be referred for a formal conduct hearing.

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| Can
I bring an advisor to my meeting? |
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Yes. You have the right to
be advised or supported by any person during your conference. Many students
have selected a friend, faculty member, staff member or SA Student Advocate
(x74297) as an adviser. Student(s) who decide to seek
the assistance of an adviser are encouraged to do so immediately upon
receipt of the come see me letter. This ensures adequate time for your
adviser to assist you. If your adviser is unable to attend a scheduled
conference, you will need to make arrangements with another adviser.

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| What
happens in the meeting with the student conduct administrator? |
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| During the
meeting, the administrator will explain the conduct process, share information
they have regarding the incident, give you the opportunity to explain
what happened from your perspective, and discuss options for resolution.

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| What
are the options for resolving the incident? |
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| Options include
possible formal mediation, resolving by administrative agreement, or going
before a conduct hearing board. Another possible outcome is that no formal
judicial charges would be filed.

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| What
is an Administrative Agreement /wavier hearing? |
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| An Administrative
greement is an official handling of the case. The agreement outlines
the specific charges being brought against you, and lists the sanctions
being imposed. By signing the agreement you admit responsibility for violating
the policies listed and agree to the sanctions. In doing so, you waive
your right to a formal judicial hearing and choose to resolve the matter
in conference with the student conduct administrator.

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| Do
I have to sign the Administrative Agreement /wavier hearing? |
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No. You will be given 48
hours to consider the agreement and decide whether or not you are going
to sign it.

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| What
happens if I chose not to sign the Administrative Agreement? |
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| If you choose
not to sign the agreement, the incident will be referred for a judicial
hearing. The Student Conduct Office will schedule the hearing and will
send you a packet of information including a formal charge letter.

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| Who
can see my conduct file? |
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Your conduct file is confidential.
All files are maintained by the Office of Student Conduct: no unauthorized
person may gain access, without a signed release from you.

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| Does
the University retain records? |
|
| Yes. As of
October 1, 1998, the Campus Security Act mandates that the University report
all disciplinary referrals for incidents involving Alcohol, Drugs, and
Weapons, that were not reported to the University Police Department. In
Order to comply with this federal mandate, the University retains records
of the violations for a duration of seven years. However, upon completion
of any sanction the records are sealed. Records for other types of violations
are destroyed upon completion of any sanction.

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| Will
my parents find out? |
|
| In general
The University does not communicate with parents / guardians regarding
matters of student conduct. However, when dependent students are involved
in a series of minor violations or a single serious violation, communication
with parents / guardians may occur through the sanctioning or other administrative
process.

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