Student Handbook - Conduct Code
The Accused is the student who is responding to the complaint and changes.
This term refers to the Judicial process described in this
An Accused or Victim may bring any person he or she wants to the hearing as a consultant (a/k/a “Advisor”). This person should be a full time employee of the College (faculty, administration, or staff) or student who is not an attorney or parent/legal guardian. The Advisor provides the Accused or Victim advice during the hearing. The Advisor is not allowed to argue for, advocate for, or present the case for the Accused or Victim or to address the Board.
Aggressive physical behavior is behavior that threatens or
endangers oneself or the well-being or safety of others, or results in personal
injury to others. This behavior
includes, but is not limited to pushing, shoving, punching, fighting, or the
threat of any such behavior, and is prohibited by the College.
An appeal is a method by which the Accused may challenge the decision(s) and/or the sanction(s) of the Hearing Board (Judicial Hearing Board, Student Conduct Board, or Fraternity and Sorority Conduct Board) by petitioning the Vice President for Student Affairs (or designee). The point of an appeal is not to provide the Accused with a new hearing. An appeal can be based on one of the following:
- The hearing was materially inconsistent with the established College procedures; or
- Information is available that was unavailable at the time of the hearing and the new information is relevant to the Conduct Code determination.
The Vice President for Student Affairs may affirm, reverse, or modify the decision and/or may eliminate, reduce or increase the sanction or may return the case to the Hearing Board.
A hearing is a structured meeting designed to elicit the relevant information while providing the Accused with the opportunity to challenge the statement of the Complainant. Chair: The Chair is the chairperson of the Hearing Board who is a voting member of the Board.
Code of Student Conduct
The document(s) in which the rules governing behavioral expectations of students is (are) listed. This would include information regarding violations, complaints, etc.
Rules and/or Regulations
This term refers to the written regulations of the College
including, but not limited to: Rules of Public Order; the Student Conduct Code;
Bias Policy; Sexual Assault Policy; Harassment Policy; Alcohol and Drug Policy;
Hazing Policy; Smoking Policy; Terms Abroad Guidelines; or, the
The person(s) responsible for filing the initial complaint. Can be the victim of misconduct, the witness to a violation of the Code, or Union College itself.
The Conduct Code is a document that sets forth the rules and regulations relating to conduct of students. This would include information regarding the type of violation that will subject a student to discipline and the procedures.
This term refers to calendar days and includes weekends and
Deliberation occurs when the Board looks at all the information, applies the standard of proof to that information, and makes a determination about the Accused’s behavior with respect to the alleged violation. (See the chapter on deliberation for a more substantial understanding of this topic.)
Director of Student Conduct
The Director of Student Conduct is the College official in charge of administering the Conduct Code. The Director of Student Conduct, with assistance of College Counsel, trains all of the Board, assures adherence to procedure, and answers questions about process and information.
Evidence is any information brought to a hearing, whether furnished by witnesses or derived from documents or from any other source. It should be noted that the term “information” is preferred to “evidence.”
Fraternity and Sorority Conduct Board
The Fraternity and Sorority Conduct Board consists of seven (7) students (five (5) from the IFC, one (1) from the Panhellenic Council, and one (1) from the Multicultural Greek Council); the Chair is a student. The Director of Fraternity and Sorority Life will assist the Fraternity and Sorority Conduct Board. The Fraternity and Sorority Conduct Board hears cases of alleged violation of the Code of Conduct involving fraternities and sororities. Members of the Fraternity and Sorority Conduct Board serve as volunteers who are trained in FERPA, confidentiality, procedures, applicable policies and rules of the College, and the philosophy of the Conduct Code at Union College.
There are three Hearing Boards with the authority to hear Conduct Code cases: Judicial Hearing Board, Student Conduct Board, Fraternity and Sorority Conduct Board. The Vice President for Student Affairs is authorized to refer a matter to any one of the three Boards.
The Director of Student Conduct coordinates the case.
Information is any knowledge, facts, or data brought to the hearing, whether furnished by witnesses or derived from documents or from any other source.
This term refers to any person or persons appointed to determine whether a Student has engaged in Proscribed Conduct and to recommend imposition of sanctions.
The Vice President for Student Affairs Office is the central location for student Conduct Code matters. College.
This term is defined as: a violation of published College
Policies, Rules and/or Regulations, including, but not limited to, the Student
Conduct Code; Sexual Assault Policy; Harassment Policy; Alcohol and Drug
Policy; Hazing Policy; Rules of Public Order; Undergraduate Catalogs;
conduct which adversely affects the College community and/or the pursuit of its
objectives, whether that conduct occurs on or off College Premises; or conduct
which results in charges of violation of any federal, state or local law,
whether that conduct occurs on or off College Premises.
A sanction is an outcome of either an Administrative Review or determined by the Director of Student Conduct after taking into account non-binding recommendations of one of the Boards.
Standard of Proof
The standard of proof in Conduct Code hearings is “preponderance of the evidence” which simply means that, based upon the information, it is “more likely than not” that a violation occurred.
This term includes any individual who is matriculated at
the College on either a full-time or part-time basis, and also includes any
individual (i) who is auditing a course at the College, (ii) who withdraws
after allegedly violating the Student Code, or (iii) who has been notified of
their acceptance for admission. Individuals who are both students and employees
will be treated as Students for the purpose of this policy only if their
primary relationship to the institution is that of student. Allegations against
individuals who are regular employees (regardless of student status) will be
handled under the appropriate College personnel policies.
This term refers to any number of persons who have
complied with the formal requirements for College recognition or registration
as a student organization.
Student Conduct Board
The Student Conduct Board consists of students; the Chair is a student. The Director of Student Conduct will assist the Student Conduct Board. The Student Conduct Board hears cases of alleged violation of the Code of Conduct. Members of the Student Conduct Board serve as volunteers who are trained in FERPA, confidentiality, procedures, applicable policies and rules of the College, and the philosophy of the Conduct Code at Union College.
A Victim is a person who has been affected by the behavior of the Accused. Typically, Victims of sexual assaults are referred to as “Survivors.” Prior to a decision regarding the Accused’s behavior, Victims are “alleged” Victims.
A witness provides information to a Conduct Code Board and must be a member of the College community. However, an exception may be made by the Director of Student Conduct to allow a non-member of the College community be permitted to testify upon written petition from the Accused, Complainant, or Victim/Survivor to the Director of Student Conduct, to be received at least 48 hours in advance of the Hearing. A character witness is a witness without direct knowledge of the incident in question who the Complainant, Victim/Survivor, and/or Accused may desire to present to the Hearing only for the purpose of providing testimony relative to good character. Only one character witness can testify on behalf of any party.