Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 28 Westchester Community College’s Code of Conduct 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. (Section 6442 Education Law Article 129-B). c. Reporting, Resources, Interim Measures, Accommodations & Investigation Process i. Reporting, resources, interim measures, accommodations, and the investigation process for non-Title IX covered sexual misconduct will be governed by the College’s Sexual Violence Response Policy, which can be found at www.sunywcc.edu/titleix. d. Adjudication Process For Cases Of Non-Title IX Covered Sexual Misconduct i. Reporting Individuals have the right to request that student conduct charges be filed against the accused. ii. Hearings involving cases of sexual misconduct will generally follow the same procedures outlined in Section VI.E. Hearings. During a Hearing involving charges of non-Title IX covered sexual misconduct, both the Reporting Individual and Respondent are generally afforded the same rights as expressed in Section VI.E.d. However, during cases involving non-Title IX sexual misconduct, both the Respondent and Reporting Individual are afforded additional and/or amended rights. These additional and/or amended rights can be found in Section VIII.B.d.iii. iii. Throughout the conduct process, including during a Hearing involving charges of non-Title IX covered sexual misconduct, when a student, both the Reporting Individual and the Respondent, have the right to: i. A prompt response to any complaint. The College will conduct timely reviews of all complaints of sexual misconduct. Absent extenuating circumstances, review and resolution is generally completed within sixty (60) calendar days from receipt of the complaint. All deadlines and time requirements detailed below may be extended for good cause as determined by the Title IX Coordinator, Director of Student Support Services, or a designee. ii. Have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in 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 and other issues related to sexual assault, domestic violence, dating violence, and stalking. iii. Be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Advisors may not address the Hearing Officers during a disciplinary hearing, but may speak privately with the advisee during the proceedings. iv. Receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Respondents will be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
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