Student Handbook

Social Conduct 

Code of Social Conduct  |  Relevant Terminology  | Violations of Law  | Social Conduct Process for Adjudication  | Sanction and Restorative Outcome Guidelines  | Appeals Process  | Disciplinary Record 

Code of Social Conduct

Good social conduct in the large majority of cases is a matter of common sense and the ordinary principles of fairness, respect, and honesty. Considering how we ourselves would like to be treated will usually provide guidance on how to interact with other members of the community. The social policies listed below cannot capture the essential value of a respectful and cooperative community. The items listed do, however, suggest some of the more serious issues that sometimes confront our community.

Based on students’ agreement to the Honor Code, we expect students to abide by the Code of Social Conduct as outlined below:

  1. Animals/Pets.  Unauthorized dogs, cats, mice, birds, or other animals are not permitted in residence halls, College buildings, or anywhere on College property; Any violation of the Service and Therapy Animal Policies, found here: http://www.skidmore.edu/accessibility/policies/index.php;

  2. Collusion. Action or inaction in concert with another or others to violate the Honor Code and Code of Social Conduct;

  3. Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of College property or the property of another;

  4. Disruptive Behavior. Substantial disruption of College operations including obstruction of teaching, research, administration, other College activities, and/or other authorized non-College activities which occur on campus; general disorderly conduct;

  5. Falsification/Tampering. Knowingly creating, furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification, or financial instruments; tampering with the election of any College-recognized student organization;

  6. Fire/Life Safety. Interference with or misuse of fire alarms, blue lights, elevators or other safety and security equipment or programs; Intentionally lighting an open fire in or on any Skidmore College property; Any instances of multiple violations and/or high level violations of the Residential Life Fire Safety Policy, found here: https://www.skidmore.edu/reslife/docs/Fire_Safety_Policy_15-16.pdf;

  7. Gambling. Gambling as prohibited by the laws of the State of New York. Gambling may include, but is not limited to, hosting gambling events, sports pools and online betting activities;

  8. Harm to Persons. Intentionally or recklessly causing physical or emotional harm; threatening or endangering the physical or emotional health or safety of any person, including but not limited to, hazing, bullying or cyber bullying, or any other threatening or intimidating behavior;
    1. Threat: written or verbal conduct that causes a reasonable fear of injury to the physical or emotional health or safety of any person or damage to any property.
    2. Intimidation: express or implied acts that cause a reasonable fear of injury to the physical or emotional health or safety of any person or damage to any property.
    3. Bullying and Cyber bullying: bullying and cyber bullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally.
    4. Hazing: violation of the Hazing Policy, found here: http://www.skidmore.edu/student_handbook/hazing.php

  9. Health and Safety. Creation of health and/or safety hazards, including but not limited to, dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.;

  10. Infringement of Certain Intellectual Property Rights. Unauthorized use, including misuse, of the name, images, logos, trademarks or service marks, or other infringement of intellectual property rights, of the College or an organization recognized by the College;

  11. Taking of Property. Intentional and unauthorized taking of College property or the personal property of another, including goods, services and other valuables; or knowingly maintaining possession of stolen property;

  12. Unauthorized Access. Unauthorized access to any College building, including but not limited to access through unauthorized use of keys, cards, etc., unauthorized possession, duplication or use of means of access to any College building, or failing to report a lost College identification card or means of access (e.g., a key or card), propping of doors (of any kind) or unauthorized use of alarmed doors for entry into or exit from a College building;

  13. Weapons. Possession, use, or distribution of explosives, including but not limited to fireworks and ammunition, guns (air, BB, paintball, facsimile weapons and pellet guns, etc.), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives having blades in excess of six inches in length (except for culinary knives reasonably necessary for cooking in on-campus residences), including the storage of any item that falls within the category of a weapon in a vehicle parked on College property;

  14. Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, gender identity/expression or other protected status) that is sufficiently severe that it interferes with, limits or denies the ability to participate in or benefit from College programs or activities. The College reserves the right to sanction discrimination even if the behavior in question does not rise to the level of legally recognized or actionable discrimination;

  15. Harassment. Harassment on the basis of race, color, religion, gender, age, national or ethnic origin, disability, veteran status, marital status, sexual orientation, gender identity or expression, or any other protected category.
    1. For sexual and gender-based harassment definition, policy, and conduct procedures, see Sexual and Gender-Based Misconduct Policy at http://www.skidmore.edu/sgbm/policy.
  16. Sexual and Gender-Based Misconduct, including sexual assault, dating/domestic violence, and stalking. For sexual and gender-based misconduct definitions, policy, and conduct procedures, see http://www.skidmore.edu/sgbm/;

  17. Alcohol and Other Drugs. Illegal use, possession, purchase, distribution, manufacture or sale of alcohol, drugs or controlled substances, or any other violation of the College Alcohol and Other Drugs Policy. For definition, policy, and conduct procedures, see http://www.skidmore.edu/student_handbook/alcohol-and-other-drugs.php;

  18. Smoking. Smoking is prohibited in all Skidmore College facilities and College-owned vehicles and within 25 feet of all facilities on campus. Designated smoke-free areas are well marked and make up the interior of the College’s campus. Smoking is permitted, in most cases, in areas facing the loop road. In addition, individuals may smoke in their personal vehicles while parked on campus. For definition, policy, and conduct procedures, see: https://www.skidmore.edu/dean-students/smoking-policy.php;

  19. Failure to Comply. Failure to comply with the authorized directives of College officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so; failure to comply with the sanction(s) imposed by the campus conduct system;

  20. Retaliation. Any intimidation, harassment, discrimination, or other adverse action against an individual as a result of that individual participating in, or cooperating with, College processes, including without limitation student disciplinary processes;

  21. Abuse of Conduct Process. Abuse or interference with, or failure to comply in, College processes including student disciplinary processes, including, but not limited to:
    1. Falsification, distortion, or misrepresentation of information;
    2. Failure to provide, destroying or concealing information during an investigation of an alleged policy violation;
    3. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system;
    4. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.

  22. Other Policies. Violating other published College policies or rules, including but not limited to Residential Life Policies, Information Technology Policy, Student Government Association Policies, etc.

Culpability is not diminished for acts in violation of this Code that are committed in ignorance of the Code or under the influence of alcohol, illegal drugs or improper use of controlled substances.

Top


Relevant Terminology

Conduct Administrator (CA): The DoS/VPSA, applicable dean(s) and/or designee. The CA will develop procedural rules for the administration of the conduct process that are consistent with this process. Material deviation from these rules will, generally, only be made with reasonable notice to the parties involved. The CA may vary procedures with notice where the CA determines that the circumstances make such action necessary or advisable (for example, upon determining that changes to law or regulation require policy or procedural alterations not reflected in this process). The CA may, at any time, make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Questions of interpretation of the applicable rules or procedures may be referred to the DoS/VPSA who will have discretionary authority to resolve any disputed or ambiguous terms and whose interpretation is final.

Reporting Individual (RI): The Reporting Individual is the person alleging a violation of the Code of Social Conduct or the Honor Code. In certain cases, the CA acts as the Reporting Individual on behalf of the College. For example, the College may pursue a violation of the Honor Code or Code of Social Conduct in response to an anonymous complaint.

Harmed Party: The CA may invite, as feasible and subject to confidentiality restrictions under applicable law, anyone allegedly harmfully impacted by a violation. A Harmed Party may also be a Reporting Individual. Harmed Parties may be asked to specify how they have been harmed and for any ideas they may have for how the Responding Student can repair the harm and rebuild trust.

Responding Student (RS): The student accused of violation the Honor Code or Code of Social Conduct.

Witness: An individual who either, in-person or in writing, can provide the Conduct Administrator or appropriate resolution body with a firsthand account of the incident in question. Witnesses cannot serve the purpose of defending the character of any involved party and must have factual knowledge of the incident. 

Advisor: Both the Reporting Individual and Responding Student have the right to one advisor of their own choosing. For all cases not involving a violation of the Sexual and Gender-Based Misconduct Policy, the advisor must be a member of the Skidmore community (student, faculty or staff), unless otherwise allowed by the Conduct Administrator. The advisor has a limited speaking role and may not make a presentation or otherwise represent the Reporting Individual or Responding Student during the hearing; it is expected that Reporting Individuals and Responding Students will speak for themselves. The advisor will be permitted to confer quietly with the student they are working with.

Top


Violations of the Law

Alleged violations of federal, state, and local laws may be investigated and addressed under the Code of Social Conduct. The College may, but shall not be obligated to, delay its processes when criminal charges on the basis of the same behaviors that implicate the Honor Code and/or the Code of Social Conduct are being investigated. College action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint. Interim suspensions are imposed until a hearing can be held. The interim suspension may be continued if a danger to the community is posed and the College may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the College will only delay its hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed. 

Students accused of crimes may request to take a leave from the College until the criminal charges are resolved. In such situations, the College procedure for voluntary leaves of absence is subject to the following conditions:

Any violation of the law should be immediately reported to Campus Safety and the Office of Student Conduct and Conflict Resolution.

The Student Government Association provides students with the opportunity to receive one free legal consultation from the legal services of Richard F. Mullaney and Eleanor K. Mullaney, Attorneys at Law (518-584-8000).

Top


Social Conduct Process for Adjudication

Philosophy

The Office of Student Conduct and Conflict Resolution (SCCR) oversees the administration of the student conduct process. SCCR (“Seeker”) promotes responsible community membership and positive relationships through the values of honesty, integrity, and consideration. We do this by educating students on the impact of their behavior, promoting thoughtful decision-making, and encouraging them to become engaged and responsible citizens of the Skidmore Community and beyond.

The student conduct process is anchored in various restorative practices that aim to hold students accountable for their behavior while at the same time, acknowledge and understand the impact of their actions on individuals and the greater Skidmore College community. 

Authority

The Dean of Students and Vice President for Student Affairs (DoS/VPSA) and the Office of Student Conduct and Conflict Resolution (SCCR) are responsible for resolving violations of all social policies. All references to the DoS/VPSA include the applicable dean(s) or their designees, hereafter referred to as the Conduct Administrator (CA). Students and faculty should report an alleged violation to the student and to the CA within a reasonable period after the violation was committed. However, the College reserves the right to pursue disciplinary action whenever it learns about a violation of the Honor Code or Code of Social Conduct. 

SCCR will develop procedural rules for the administration of the conduct process that are consistent with this process. Material deviation from these rules will, generally, only be made with reasonable notice to the parties involved. SCCR may vary procedures with notice where the CA determines that the circumstances make such action necessary or advisable (for example, upon determining that changes to law or regulation require policy or procedural alterations not reflected in this process). SCCR may, at any time, make minor modifications to procedure that do not materially jeopardize the fundamental fairness owed to any party. Questions of interpretation of the applicable rules or procedures may be referred to the DoS/VPSA for social conduct policies and the DoF/VPAA for academic policies, who will have discretionary authority to resolve any disputed or ambiguous terms and whose interpretation is final.

Fundamental Fairness vs. Due Process

Due process indicates a legal right to a specific process that must be used in order to determine the outcome of a complaint of student misconduct. Given Skidmore College’s status as a private institution, the College is not bound by due process but does ensure fundamental fairness to each student involved in the conduct process. In essence, fundamental fairness still offers students the right to have a written notice of all conduct charges and the opportunity for a “hearing” on those charges, within the resolution options available. Note: violations of the Sexual and Gender-Based Misconduct are investigated and adjudicated strictly under the published SGBM policy/procedures. Additionally, with fundamental fairness, the College is bound to following the disciplinary process published in the Student Handbook. By choosing to enroll at Skidmore College, students have agreed that they will follow the standards for behavior as published in the Student Handbook.

Filing a Report of Student Misconduct

SCCR is often informed of reports of student misconduct through Campus Safety, the Office of Residential Life, or other college administrators, though any person may file a report about student misconduct, which violates the Honor Code or Code of Social Conduct, with the request for SCCR to investigate and adjudicate.

Once SCCR receives a report of misconduct, a CA will take the follow steps to assess if/how the College will move forward:

  1. Follow-up with the person bringing the complaint to determine their wishes from the conduct process and to determine if the person brining the complaint is a Harmed Party, a College representative, or a third party and discuss their options for remaining involved through the adjudication process.
  2. The CA will evaluate each report to determine if there is enough information to suggest a possible violation of the Code of Social Conduct and charge the student(s) with violating such. The CA reserves the right to determine there is not enough information to move forward or that the behavior described is not a violation of the Honor Code or Code of Social Conduct.
  3. A student accused of violating the Code of Social Conduct will be given an opportunity to meet with the CA to review the complaint and potential avenues for resolution (described below). The CA determines which of the available processes will be used in any given case based upon factors including, but not limited to, the willingness of the student to accept responsibility for the violation, the seriousness of the alleged violation, the existence of a pattern of repeat or multiple violations, or issues of fairness and equity.

Interim Measures prior to a resolution:

The DoS/VPSA in consultation with Campus Safety, SCCR, and/or the Student Assessment and Intervention Group (SAIG) may implement appropriate action to maintain the safety of the campus community (or specific persons within the campus community) until the investigation and/or hearing process is complete, such as no contact directives, removal from campus residence facilities, removing a student from a class or classes, and/or interim suspension from the College. A student subject to such interim measures may appeal the decision to impose them to the DoS/VPSA within three business days after being notified of the decision.

Resolution Options

If a student withdraws from the College while disciplinary action is pending, the College may proceed with resolution based on available information in the student’s absence, and include the finding in the student’s permanent record. The student must resolve the disciplinary complaint before the College will consider readmission.

 Integrity Board/Administrative Hearing Board Structure and Process

In line with Skidmore College’s dedication to Restorative Justice, the IB/AHB process strives to remove an adversarial structure of a hearing and replace that with a structure meant to hold a Responding Student accountable, identify the harm the Responding Student caused, and brainstorm ways to repair the harm and rebuild trust in the Responding Student.

An IB/AHB will be used in all cases in which the Conduct Administrator believes a Responding Student is responsible for violating the Code of Social Conduct but the Responding Student does not wish to take responsibility for the violation. Prior to scheduling a Responding Student to appear at an IB/AHB, the Conduct Administrator will meet with all parties involved or impacted to determine who should be in attendance at the hearing. Participation in the process by Harmed Parties is voluntary and will not impede the Conduct Administrators decision to move forward with an IB/AHB hearing.

Once a determination is made that the case will be resolved through an IB/AHB hearing, notice will be given to the Responding Student, and other parties attending the hearing, at least three days before the hearing. Notice will be in writing, via Skidmore College-issued email. The letter of notice will include:

IB/AHB Member Make-Up

Integrity Board: The IB is made up of three students, including the chair, for all hearings taking place during the academic year. The IB hears cases of social violations, with the exception of sexual and gender-based misconduct. The Conduct Administrator (CA) schedules students for hearings as needed to properly comprise an IB for each case. The CA will act as nonvoting advisor to the hearing process. 

Administrative Hearing Board: SCCR may impanel the AHB to hear cases deemed unsuitable for the IB or when the IB is unable to meet, such as during vacation periods or study days. An AHB for a hearing includes three trained members from the administration/staff who are appointed by the DoS/VPSA and/or the faculty members who serve on the Faculty Advisory Board (FAB) and are appointed by the Faculty Executive Committee (FEC) to serve in overlapping two-year terms. The CA will act as nonvoting advisor to the hearing process.

Preparation for IB/AHB Hearings

Responding Students are expected to participate in the hearing, but may submit a written statement to the board instead. If a Responding Student fails to attend the hearing as schedule, the hearing will proceed without the Responding Student present, and the IB/AHB renders a decision based on the information available to it. If Harmed Parties do not want to participate in the IB/AHB process, the IB/AHB will be expected to represent the assumed harms.

At the discretion of the Conduct Administrator, Responding Students and Harmed Parties may participate by remote means such as phone or videoconference.

In hearings involving more than one Responding Student, the complaints may be heard jointly if all Responding Students consent, or if a joint hearing is otherwise determined by the CA to be appropriate if permitted by applicable law. In joint hearings, separate determinations of responsibility will be made for each Responding Student.

The IB/AHB decides every case on an individual basis, after considering the information presented to it. The board conducts hearings in a fair and reasonable manner, respecting the rights and needs of all participants, while also considering the importance of honoring the community value system.

The standard of decision used by the board is preponderance of the evidence. In other words, board members must determine whether it is more likely than not that the alleged violation occurred. While the board members seek full consensus in reaching their decision, in disputed decisions a simple majority vote will decide the case.

IB/AHB Structure

Hearings will be closed to the public. All hearings are audio-recorded. The Reporting Individual and/or Responding Student may request to listen to the audio file in the event of an appeal. Access to the audio recording will not be permitted for any other reason or request. Deliberations of the IB/AHB are not recorded.

Given the philosophy of restorative justice and the administrative nature of the conduct process, legal rules of evidence and other legal procedures are not observed.

During the hearing, Harmed Parties and Responding Students have an opportunity to offer information, and to present materials and witnesses on their behalf, in each case at the discretion of the board chair and CA. The Reporting Individual, the Responding Student, and the IB/AHB will have the opportunity to question all present witnesses and parties. The board bases its decision on the information presented at the hearing.

The board hearing has three parts: (1) determining responsibility, (2) harm identification, and (3) solutions/agreement process. In the first part, the board reviews the allegations and determines if the Responding Student has violated the Code of Social Conduct. If a Responding Student is not found in violation, the hearing is adjourned. If a Responding Student is found in violation, the next part of the hearing is used to identify the impact of the Responding Student’s behavior.

The harm identification section seeks to answer the following questions:

To the Responding Student:

  • What were you thinking about at the time?
  • What have you thought about since?
  • What impact has this incident had on you?
  • Who else has been impacted and how?
  • Anything else you would like to say or ask at this time?

To the Harmed Parties:

  • What impact has this incident had on you?
  • What has been the hardest thing for you?
  • Anything else you would like to say or ask at this time?

 

During this section, a member of the IB/AHB will be taking notes to form a list of harms to be used in the next section, solutions/agreement process. 

The third and final section of the IB/AHB is structured to answer two questions: how can the harm be repaired and how can we regain confidence in the Responding Student so that we can trust that they will be a responsible member of our community. All present parties will have an opportunity to brainstorm solutions to accomplish these goals. The IB/AHB attempts to offer students an opportunity to take responsibility for Code of Social Conduct violations and to make amends through pro-social activities but in some cases, suspension or expulsion may be the appropriate action to take. There are two conditions under which suspension or expulsion may be warranted: when public safety remains a concern and when there continues to be a rejection of responsibility/accountability for actions. The IB/AHB will always strive to reach an agreement with all parties present as to what the solutions should be, but ultimately, the IB/AHB can make a final decision if an agreement is not possible.

The board usually informs a student of its decision immediately after reaching its determinations and to responsibility and (if applicable) sanctioning. However, if necessary the board may take up to five business days to issue its finding.

Top


Sanction and Restorative Outcome Guidelines

Sanctions and restorative outcomes preserve individual and institutional integrity and, whenever possible and appropriate, help students to learn from their mistakes, repair harms, and regain their standing in the community. The Office of Student Conduct and Conflict Resolution maintains all records of disciplinary hearings, sanctions, and restorative outcomes applied, and these are admissible in subsequent student conduct proceedings involving the student(s) in question. 

Sanctions

Sanctions represent institutional action taken regarding a student’s status and access to certain spaces and functions on campus. Sanctions may include, but are not limited to, those described below. Each listed sanction may be imposed alone or in combination with one or more other restorative outcomes. 

Parent/guardian notification: An official written notification to the student’s parent/guardian(s) that aims to establish a partnership in reducing serious student misbehavior such as, high risk drinking and drug use. When the College contacts parent/guardian(s), tips are provided for beginning a non-judgmental, open, helpful dialogue between parent/guardian(s) and students. Students that indicated at the time of enrollment or through the registrar’s office that educational information should not be released to their parent/guardian may be exempt from this outcome.

Warning: An official written notice that the student has violated College policies and that greater conduct action will result should the student be involved in other violations while the student is enrolled at the College.

Points: The point system was developed in order to make the disciplinary sanctioning process clearer, more consistent, and more predictable for students. Points are cumulative over the course of a student’s time at Skidmore College. Previous violations are always considered before points are assigned for violations.

  1. Accumulation of points – Students who accumulate 10 or more points will be recommended for immediate suspension. The Dean of Students/Vice President of Student Affairs makes final decisions with regards to suspension.
  2. Point Reduction and Expiration–
    1. Point Reduction – Students can reduce up to two points by completing community service work (one point reduction for every 10 hours of community service completed). Community service for point reduction must be independent of other scheduled service work and must be pre-approved by the Office of Student Conduct and Conflict Resolution.
    2. Point Expiration – Points will expire two years after they are assigned

Disciplinary Probation: If determined appropriate by the CA or IB/AHB, a student may be placed on disciplinary probation meaning the next violation is likely to result in suspension or expulsion. The CA or IB/AHB will take into consideration the students total conduct record, severity of violation, and any other mitigating circumstances prior to placing a student on probation. Note that some campus organizations do not permit their members to serve in leadership positions or hold campus jobs if they are on disciplinary probation. Probation may also affect eligibility for study abroad, attending conferences, or representing the College at an official function, event or intercollegiate competition as a player, manager, or student coach, etc.

Specific Restriction(s): The CA or IB/AHB may impose specific restrictions on an individual to prevent either access to an area of campus or participation in one or more College or College-recognized or sponsored programs or activities (e.g. Commencement).

No Contact Directive: The CA or IB/AHB may impose a prohibition against having any avoidable contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no contact directive may include additional restrictions and terms.

College Housing Reassignment or Suspension: The CA or IB/AHB may reassign the student to another College housing facility, or may remove the student from College housing for a specified period of time, including permanent removal.

College Suspension: The CA or IB/AHB may recommend suspension to the DoS/VPSA. During the suspension period, the student is prohibited from being present on or at College property, functions, events, and activities without prior written approval from the CA. The CA or IB/AHB may also assign specific sanctions, such as community service, for completion during the suspension period. While suspended, students may transfer up to 18 credits taken at another institution, subject to the usual review by the Registrar. The College follows the refund practices for personal leaves. Further information may be found on the Bursar’s Office website at http://www.skidmore.edu/bursar/withdrawal/index.php. A decision for suspension constitutes a recommendation to the DoS/VPSA, who will consider whether to accept or modify the recommendation.

College Suspension in Abeyance: In cases of suspension, the CA or IB/AHB may decide that there are circumstances that mitigate against the immediate separation of the student from the College. For example, they may allow the student to complete the current semester’s coursework and begin their suspension period at the semester’s end. However, should the student be found in violation of the Honor Code or the Code of Social Conduct during the period of abeyance, the abeyance may be lifted and the suspension shall take effect immediately and continue through the originally scheduled expiration date for the suspension (subject to any additional sanctions that may be imposed as a result of the new violation).

Expulsion: The CA or IB/AHB may recommend expulsion to the DoS/VPSA. The student is prohibited from being present on or at College property, functions, events, or activities. Expulsion is a permanent status. The Responding Student must leave the College immediately and cannot register again as a student without going through a full readmission process. A decision for expulsion constitutes a recommendation to the DoS/VPSA, who will consider whether to accept or modify the recommendation.

Degree Revocation: In the event of serious misconduct committed while still enrolled, but found responsible after the Responding Student has graduated, the College may revoke that student’s degree. The student will be asked to return the diploma. 

Restorative Outcomes

Restorative outcomes represent a variety of educational and trust-building assignments that a student must complete to show growth, remorse, and a desire to restore trust in them from the community. Restorative outcomes may be imposed alone or in combination with one or more other restorative outcomes or sanctions.

Apology: The CA or IB/AHB may require the Responding Student to provide a written apology to any parties they have harmed. Apologies are to include:

Restitution: Restitution is monetary payment or services that pay(s) for financial losses. Restitution is intended to compensate the Harmed Party for the estimated losses incurred by the Harmed Party. Restitution agreements seek to meet the needs of the Harmed Party, but may also take into account the Responding Student’s ability to pay. Sometimes services are substituted for payment.

Community Service: Volunteering in the community is a way to be helpful to others, show that one is socially responsible, and rebuild the trust that is lost through misbehavior. Community service should be meaningful and rewarding, potentially serving as a platform for personal development. Community service serves two important goals: making amends to the community and demonstrating good citizenship. Rather than focus on specific hours, the CA or IB/AHB will help the Responding Student design a service project that best meets these goals.

Counseling: A Responding Student may be required to engage in activities including, but not limited to, seeking academic counseling or substance abuse screening, anger management counseling, or similar evaluation and/or assistance. The CA or IB/AHB does not diagnose psychological problems or specify treatment; however, they may require the student to seek consultation and follow any recommended treatment plan.

Supervision: A Responding Student may be required to meet regularly with one or more members of the community for mentoring, support, and reassurance to the community that the student is complying with sanctions and College policies.

Educational Program: The CA or IB/AHB may require the Responding Student to attend, present and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Students may be required to complete a workshop, online education courses, research or reflection paper articulating the harm caused by their actions and/or strategies they may adopt to prevent further disruptive behavior. Examples of educational programs include, but are not limited to:

Top


Appeals Process

A student involved in the conduct process as a Reporting Individual or a Responding Student may appeal any decision from an administrative conference, the integrity board/administrative hearing board. Appeals will only be considered on the following grounds:

  1. A procedural error occurred that significantly impacted the outcome of the process (e.g. substantiated bias, material deviation from established procedures, etc.);
  2. The discovery of new evidence, unavailable to the appealing party during the original hearing or investigation, that could substantially impact the original finding or sanction; or
  3. Sanctions are disproportionate to the nature or severity of the violation or violations, taking into account the totality of the circumstances (including the cumulative conduct record of the Responding Student, if any).

Individuals who wish to appeal a decision must submit their request for review in writing to the DoS/VPSA or the ADoSA (for cases that were not heard by the IB/AHB) within fivebusiness days after receiving notification of the outcome being appealed. Upon receiving an appeal, the appellate officer may decline to consider the appeal if it is not based on one or more of the criteria listed above. If the appellate officer considers the appeal, they may review the record of the case and the Responding Student’s prior disciplinary history (if any), and may consult participants present at the initial hearing (if any) as deemed appropriate. If the appeal is granted, the appellate officer may alter the result of the case as to responsibility or sanctioning, remand the case to the original hearing board to reconsider some or all of the case, or direct that a Board of Appeals hearing be convened to reconsider some or all of the case. The decision of the appellate officer is final, subject to any further proceedings ordered by the appellate officer as described above.

Board of Appeals (BOA): At the discretion of the DoS/VPSA or ADoSA, the BOA may review cases heard by administrative conference or the IB/AHB. BOA members are appointed by the appellate officer from the pool of AHB members who did not participate in the initial hearing (if any). BOA membership is three faculty and/or staff and advised by the DoS/VPSA.

Top


Disciplinary Record

The outcome of a conduct resolution (administrative conference, restorative justice conference, and/or Integrity Board/Administrative Hearing Board/Adjudication Panel) is part of the education record of the Responding Student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or nonforcible sex offense, the College will inform the alleged victim in writing of the final results of a hearing regardless of whether the College concludes that a violation was committed. Such release of information may only include the Responding Student’s name, the violation committed (including both the College policy(ies) violated and the findings of fact supporting the conclusion that the violation occurred), and the sanctions assigned (if applicable).

In cases where the College determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or forcible or nonforcible sex offense, the College may also release the above information publicly and/or to any third party. In addition, the College reserves the right to release information regarding disciplinary proceedings in other circumstances when required or permitted under applicable law, including but not limited to FERPA. 

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. § 1092(f)(1)(f)(i)(i)-(viii), Skidmore shall make a notation on the transcript of a Responding Student found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the Responding Student who withdraws from Skidmore while such conduct charges are pending, and declines to complete the disciplinary process Skidmore shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Students who are suspended after a finding of responsibility for a code of conduct violation may submit a written appeal to the Dean of Students/Vice President of Student Affairs requesting that the transcript notation be removed from their transcript. Such a notation may not be removed from a student’s transcript prior to one year after conclusion of the suspension. Notations for expulsion will not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

All conduct records are maintained by the College for seven years from the time of their creation except those that result in separation (suspension or expulsion), those that fall under Title IX, and violations of academic integrity, which are maintained indefinitely. Additional information about privacy, FERPA, and Skidmore student educational records can be found at this website: http://www.skidmore.edu/registrar/transcripts/index.php.

Top

A A A