Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 5 11. Designee: an administrator, staff or faculty member who has responsibility for implementing the student conduct process or administering the student conduct system, in part or in whole. 12. Director of Student Support Services: refers to the person and/or their designee or designees who is responsible for the overall coordination of the College student conduct system, including the development of policies, procedures, and education/training programs. In addition, this individual may serve as a Hearing Officer, Hearing Chair, Student Conduct Officer and/or as a Complainant. 13. Hearing Chair: an individual employed by the Westchester Community College, the WCC Faculty Student Association, or WCC Foundation who is authorized to lead or facilitate the proceedings of a Hearing. Subject to the provision in this code, a Hearing Officer is vested with the authority to, among other duties, conduct a hearing; remove participants from a Hearing; etc. 14. Hearing Officer: an individual employed by the Westchester Community College, the WCC Faculty Student Association, or WCC Foundation who is authorized to determine the appropriate resolution of an alleged violation of the Student Code of Conduct, and/or to recommend sanctions or affect other remedies as appropriate. Subject to the provision in this code, a Hearing Officer is vested with the authority to, among other duties, conduct and/or participate in a hearing; determine outcomes to charges; recommend sanctions; and/or serve as a Complainant in a Hearing. 15. Member of the College community: includes any person who is a student, instructor, or College staff member; any other person working for the College, either directly or indirectly (e.g., private enterprise on campus); or any person who resides on College premises. A person’s status in a particular situation shall be determined by the Director of Student Support Services. 16. Reporting Individual: shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the college to reference an individual who brings forth a report of misconduct, including reports of sexual misconduct. 17. Respondent: a person accused of a violation who has entered the college’s conduct process. 18. Sanction: a requirement or status that is imposed as a result of either accepting responsibility or being found responsible for violating the Student Code of Conduct. 19. Sexual activity: shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3). a. The term “sexual act” means: i. contact between the penis and the vulva or the penis and the anus and contact involving the penis occurs upon penetration, however slight; ii. contact between the mouth & penis, the mouth & vulva, or the mouth & anus; iii. the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or iv. the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; b. The term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.”
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