RIT Office of Student Conduct: Policies and Procedures

Rochester Institute of Technology (RIT) is committed to maintaining a safe and respectful environment that fosters academic excellence and personal growth. To achieve this, RIT has established a comprehensive Student Code of Conduct, along with policies and procedures to address violations of community standards. This article aims to provide an overview of the RIT Office of Student Conduct policies and procedures, offering insights into the conduct process, hearing types, student rights, and related aspects.

Introduction to the Student Code of Conduct

All students are expected to comply with the Student Code from the time of admission through separation from the university. This includes students on co-op and students not officially enrolled during a particular term but who have a continuing relationship with the university. This Student Code applies to a student's behavior even if the student withdraws from the university while a disciplinary matter is pending, or if the behavior occurs off campus. For purposes of this Student Code, the location of the off-campus behavior will not affect its applicability. This Student Code applies to Student organizations, their officers, and Students' visitors, guests, invitees, or family members. It is the responsibility of Students to inform their visitors, guests, invitees, or family members of this Student Code. Acts committed in violation of this Student Code by Students' visitors, guests, invitees, or family members will be considered violations of this Student Code by the Student.

The Student Code of Conduct outlines the expectations for student behavior and the consequences for violating these standards. It is designed to uphold community standards, ensure campus safety, and promote individual accountability. The Center for Student Conduct and Conflict Resolution is responsible for intervening when behaviors deviate from these expectations and utilizes a range of responses under the Student Code of Conduct policy. Some of the most commonly referenced policies include D18.0, D19.0, and C27.0.

Core Principles and Expectations

An environment that encourages freedom of expression and inquiry is essential to achieving the educational mission of RIT. It is the responsibility of RIT students, faculty/staff, and administrators to work towards the achievement of this educational mission through appropriate actions or behaviors related to P.3.0 - Honor Code. When these actions or behaviors are inappropriate, or when these actions or behaviors lead to conflicts, it is the responsibility of RIT to provide a process that informs and educates the RIT community about appropriate behaviors and provides a fair and reasonable manner for the resolution of conflicts.

Students and Student organizations are expected to conduct themselves in ways that support the university's mission. The behaviors outlined in these standards are inappropriate and do not support the university’s mission. They are listed below to provide Students with information about the university’s expectations for community behavior.

Read also: Understanding Student Conduct

RIT expects that all members of our university community will report actual or suspected violations of laws, regulations, and policies in a timely manner in order to maintain integrity at the highest level of excellence. For this reason, RIT prohibits retaliation against any member of the RIT community that reports any such violations. (See section M, below). Officers, managers, and supervisors are required to report allegations presented to them or to report suspected violations that come to their attention in the ordinary course of performing their duties.

Reporting and Investigation of Misconduct

Filing a Report of Misconduct initiates the student conduct process. Upon receipt of a Report of Misconduct, regardless of type, Public Safety will conduct an investigation. Generally, the investigation will be concluded within thirty (30) Business Days from the Report of Misconduct and transferred to the Center for Student Conduct. This time frame may be modified based on the facts and circumstances of the specific investigation only with the approval of an associate vice president within the division of Student Affairs.

The Student Conduct Officer will review the Report of Misconduct and determine if a Complaint will be filed. If a Complaint is filed, the Student Conduct Officer will determine the appropriate action to be taken in accordance with the provisions of the Student Code, including but not limited to, whether the case will be heard by a Center for Residence Life administrator or by a Student Conduct Officer. Generally, the appropriate action will be determined within thirty (30) Business Days from the conclusion of the investigation. This time frame may be expanded based on the facts and circumstances of the specific Complaint and/or the availability of witnesses only with the approval of the Student Conduct Officer.

Definitions of Key Terms

To ensure clarity and understanding of the Student Code, several key terms are defined:

Complaint: The written charges filed against a Student or Student Organization by a Student Conduct Officer for alleged violation(s) of the Student Code.
Complainant: RIT. In matters involving sex discrimination, sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence, or stalking, the Complainant will also include the recipient of alleged misconduct, provided that the Complainant is a Student.
Consent: The ability to engage in activity knowingly and voluntarily. In instances involving sexual activity, consent must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity.
Incapacitation: The inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Incapacitation may result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication.
Report of Misconduct: Any allegation of a violation of the Student Code.
Student Conduct Officer: Any trained administrator designated by the director of the Center for Student Conduct, who is authorized to conduct hearings and to impose the full range of university statuses and conditions.
Student Conduct Appeals Coordinator: A trained staff member who works with Students interested in appealing decisions of student conduct hearings.
Unwelcomed Conduct: Conduct that is not initiated by the recipient or which is regarded as offensive to the recipient, without regard to the intent of the individual engaging in the conduct.
Title IX: Title IX of the Education Amendments of 1972.

Prohibited Conduct

The Student Code of Conduct outlines specific behaviors that are considered violations of university standards. These include, but are not limited to:

Endangering Behavior: Behavior that threatens or endangers the health and/or safety of oneself or others.
Alcohol and Other Drugs Policy: Behavior that involves substances including alcohol and other drugs.
Harassment: Abuse, threats, intimidation, assault, coercion and/or conduct, by physical, verbal, signed, written, photographic or electronic means, which unreasonably interferes, threatens or endangers any person on RIT premises or at university sponsored or supervised functions.
Sex Discrimination: The treatment of an individual based on that individual's gender. Sex discrimination includes sexual misconduct and sexual violence.
Sexual Misconduct: Any form of unwanted sexual contact that unreasonably interferes with the work or educational environment. Unwanted sexual contact means against a person's wishes or without consent, including those instances in which the individual is unable to give consent because of unconsciousness, sleep, impairment, incapacitation.
Discrimination: The treatment of an individual based on that individual's group, class, or category.
Stalking: Engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for his or her safety or the safety of others, or suffer substantial emotional distress and which unreasonably interferes with the work or educational environment.
Dating Violence: Violence by an individual who has been in a romantic or intimate relationship with another individual and which violence unreasonably interferes with the work or educational environment.
Domestic Violence.
Retaliation: Any adverse action intended to intimidate or punish another individual from reporting misconduct or participating in any university process or activity.
Disruptive/Disorderly Behavior: Behaviors that are disruptive to any on or off campus activity or conduct that infringes the rights of others.
Theft.
Property Damage.
Refusal to Comply.
Hazing/Failure to Report Hazing: Behavior, regardless of intent, which endangers the emotional, or physical health and safety of a Student for the purpose of membership, affiliation with, or maintaining membership in, a group or Student Organization. Hazing includes any level of participation, such as being in the presence, having awareness of hazing, or failing to report hazing.
Fire/Fire Safety.
Unauthorized Access.
Violation of Law.
Weapon Possession: Possession of, or implied possession of, a weapon anywhere on property owned, leased, or controlled by the university.
Gambling.
Failure to be a Responsible Host.
Dishonest Behavior.
Violation of RIT Policies.
Code of Conduct for Computer and Network Use.

Conduct Hearings

VI. Conduct Hearings. The Director of the Center for Student Conduct, or designee, will determine which hearing type is most appropriate for the incident.

The first and most common misunderstanding for students is that a conduct hearing is like a criminal trial: You will be found guilty or not guilty, you will be punished, and it is nothing to be excited about. This couldn’t be farther from the truth. The underlying philosophy of student conduct should always be education, not punishment.

Several types of conduct hearings are conducted at RIT, each tailored to the nature of the alleged violation:

Hearing Types

A hearing with a Center for Residence Life staff member: These hearings are for cases involving incidents in or around RIT housing and are not recorded.
A hearing with two (2) Student Conduct Officers: In conduct hearings involving allegations of sex discrimination, sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence, or stalking, the Complainant will be entitled to the same rights as the Accused, including but not limited to, the right to present evidence and to participate in the hearing. In these cases, a second Student Conduct Officer will be present at the hearing.
A hearing with a Student Conduct Officer: These hearings are for cases that are not designated in VI(C1) and VI(C2). Student Conduct Officers have the authority to impose a full range of statuses and conditions including suspension and expulsion.
Title IX Conduct Hearing: These hearings are for cases involving possible policy violation of C27.0 Policy on Title IX Sexual Harassment for Faculty, Staff, and Students as well as the D19.0 Student Gender-Based and Sexual Misconduct Policy and held in accordance with the provisions of those policies.
Good Samaritan Hearing: The Good Samaritan Protocol is designed to provide education rather than discipline when a student voluntarily contacts university personnel (e.g., Public Safety, Resident Advisor/Community Advocate) or outside emergency services for medical assistance related to alcohol or other drugs. If an incident meets the standards for a Good Samaritan Hearing, students will meet with a Residence Life staff or a Conduct Officer for a Good Samaritan Hearing.
Student Organization Conduct Hearing: When a Student Organization is charged with a policy violation, all correspondence from the Center of Student Conduct and Conflict Resolution will be sent to the Organization’s President. The President will represent their Organization at the Conduct Hearing with a Conduct Officer and may invite other relevant members of the Organization to join them (such as Vice-President, Risk Management Chairperson, etc.) at the hearing.
Academic Integrity Committee hearings: Each academic integrity hearing participant (student and instructor) will have fifteen (15) minutes to describe their situation, and their individual perspectives. The Academic Integrity Process is not a court of law and legal rules of evidence and procedure do not apply. All procedural questions will be decided at the discretion of the Academic Integrity Committee chair in consultation with the Dean’s Designee. The committee chair will provide written notification of the committee’s findings to the instructor, the student, the instructor’s Dean’s Office, the student’s home college Dean’s Office and the student’s home academic unit within seven (7) business days of the hearing. Either the student or faculty may file an appeal of the Academic Integrity Committee’s findings (See VII. below).

Hearing Participants and Procedures

All hearings will be conducted in private. The committee chair facilitates the hearing process and only the student, instructor, and witnesses involved in a particular case may be present (including the Dean’s Designee).

In Academic Integrity Committee hearings Witnesses called by either the student or the instructor will be permitted to speak during the hearing; however, no walk-in participants will be permitted to speak. Presenters may not speak more than five (5) minutes, and times will be strictly enforced. Names and contact information for anyone presenting information must be submitted in advance of the meeting and in time to be documented in hearing materials. The college maintains the right to limit the number of meeting presenters and attendees. Written statements may be submitted to the committee in lieu of attendance at the meeting.

Read also: Enhancing Education in Lake County

Recording of Hearings

All Academic Integrity Committee hearings are recorded. Recordings may be audio or video depending on the needs of the participants. Recordings are retained by the Dean’s Designee only until the time for appeal has passed. There shall be a single record of the academic integrity hearing and this record shall be the property of the university. Students may request to listen to or view a copy of the recording or read a copy of the transcript (if the student is deaf/hard of hearing) by submitting a written request to the Dean’s Designee. In the event the student requests an appeal, the recording will be submitted by the college to the University Appeals Board via the associate vice president for Student Affairs for use during the appeal process.

All conduct hearings are recorded.

Student Rights and Support

RIT is committed to administering the Student Code in a caring, sensitive, and supportive manner, treating all individuals with dignity and respect. Students can expect to utilize the Student conduct process unimpeded, free from intimidation and harassment, while maintaining the rights of the Accused.

Advocacy Program

The RIT Advocacy Program is a university initiative designed to provide Students with assistance throughout the RIT Student Conduct Process by partnering the Student with an RIT faculty or staff member as they engage in the RIT Student Conduct Process. An advocate neither represents the Student in the hearing, nor may an advocate serve as a character witness for the Student. The advocate serves as a supportive partner to the Student in this educational process.

Throughout the conduct process, students may find that a trained and knowledgeable advocate can be both supportive and beneficial. As an educational experience, the participating Student is expected to take primary responsibility for responding to the incident in question.

Choosing an Advocate

Select an RIT faculty/staff member with whom they are familiar. Advocates who have not yet been trained for advocacy may receive training by the Center for Student Conduct. An advocate will determine, within their sole discretion, whether or not they are willing to serve as an advocate in any particular matter.

Advocates, Attorneys, and Parents/Guardians

Advocates: The Accused, and where appropriate the Complainant, will be informed that they have the right to bring either an advocate of their choice in cases involving sex discrimination, sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence or stalking, or, in all other cases, an advocate from a list of trained advocates provided by the Center for Student Conduct, to the hearing (refer to V. Advocates can actively participate in the formal hearing process. The student will be informed that he or she has a right to bring to the hearing an advocate from among the RIT faculty, staff, or student body who is not a practicing lawyer.
Attorneys: The Accused, and where appropriate the Complainant, may also bring an attorney, in addition to an advocate, to the conduct hearing as an advisor only when the case has resulted in an arrest and is also being heard in a court of law, and upon the permission of the Student Conduct Officer. If an attorney is present during a conduct hearing or appeal presentation, the attorney cannot participate in the hearing process. An attorney can only observe the hearing process and give the Accused, and where appropriate the Complainant, quiet counsel outside the conduct hearing or appeal.
Parents/Guardians: Parents/guardians are not permitted to participate in or be present during any RIT Student conduct hearing or appeal, unless the Accused, and where appropriate the Complainant, is under the age of eighteen (18). In those instances, the parent/guardian can observe the hearing process or appeal presentation and give the Student quiet counsel.

Witnesses

The Student Conduct Officer determines and permits witnesses for the Accused and where appropriate, the Complainant. Witnesses must be members of the RIT Community in order to be present for the hearing; other witnesses can make statements through Public Safety to be read during the hearing. Witnesses must have direct information regarding the incident; character witnesses are not allowed. Names and contact information for anyone presenting information must be submitted in advance of the meeting and in time to be documented in hearing materials.

Confidentiality and Anonymity

The university encourages students who have been subjected to sex discrimination, sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence, or stalking to report such behavior so that the university can respond appropriately. When reporting such behavior, the student may request confidentiality or anonymity. Any request for confidentiality or anonymity will be evaluated on a case-by-case basis by the Title IX coordinator. In the event confidentiality or anonymity is granted, it may prevent the university from conducting a prompt and thorough investigation or pursuing disciplinary action against the Accused. The university will weigh that request against its obligation to provide a safe, non-discriminatory environment for all students. There may be times when the university may not be able to honor a request for confidentiality or anonymity because the goal of providing a safe, non-discriminatory environment for all students outweighs the individual's desire for confidentiality or anonymity. If the university determines that it cannot maintain a student's confidentiality or anonymity, the university will inform the student prior to starting an investigation and will maintain the student's confidentiality to the extent possible, including but not limited to, record-keeping that excludes personally identifiable information of the Complainant.

Reporting Retaliation

The university prohibits retaliation against anyone filing a complaint alleging a violation of the Student Code, participating in the processes described in the Student Code, or opposing any practice in violation of the Student Code or applicable federal, state, or local laws.

Retaliation means any adverse action that is taken against or that could discourage a member of the RIT community from reporting actual or suspected misconduct, participating in an inquiry or investigation, or raising a concern. Corrective action taken as a result of misconduct is not retaliation. Types of adverse action include, but are not limited to: dismissal from employment; demotion; unfounded negative job references; loss of salary or benefits; transfer or reassignment; denial of promotion that otherwise would have been received; and/or unwarranted written notices. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).

Retaliation against any individual who makes a good faith report of suspected violation of this Code, or any other university policy, procedure, law or regulation, or against any individual who participates in an investigation, audit, inquiry, or legal proceeding related thereto is strictly prohibited. Any member of the RIT community who has been found to have taken retaliatory action against another who reported potential wrongdoing will be subject to discipline. Likewise, abuse of processes referenced in this policy or other RIT policies, including knowingly making a false report, is also prohibited.

Reporting Ethics Violations

Reporting via the RIT Ethics and Compliance Hotline, which provides university members an anonymous and confidential reporting option 24 hours a day, 365 days a year. To the extent permitted by law, the university will make reasonable efforts to keep confidential the identity of anyone reporting a suspected violation, except if doing so would effectively prevent the university from conducting a full and fair investigation of the allegations.

This Code will be enforced, and RIT will promptly, thoroughly, and impartially investigate all reports of suspected violations to the extent necessary and appropriate by its usual process for any other breach of its policies. Each member of the RIT community is expected to fully cooperate with investigations, audits, or inquiries undertaken by the university to determine whether this Code, laws, or policies have been violated. Employees may not conduct their own investigations into any alleged misconduct or policy violations, as doing so may compromise the integrity of an investigation and adversely affect both the employees involved and the university.

Reports of suspected violations will be investigated by the appropriate offices tasked with investigating the reported allegation. If after an investigation RIT determines that a violation of policy occurred, then consistent with other applicable RIT policies and procedures, corrective measures may be taken against any person(s) who was involved in the violation or who allowed violations to occur or persist due to a failure to exercise reasonable diligence. Corrective actions will be determined on a case-by-case basis.

External Laws

Students are adults who are responsible for the consequences of their actions. Academic institutions are neither law-enforcement agencies nor sanctuaries from the law. Criminal and civil laws still apply within the academic community. In addition, the university has the authority to establish further policies to educate and hold Students accountable for violating these policies. Except for violations of civil or criminal laws, the internal affairs of the university are best handled by the university itself without resort to outside intervention. A proceeding under the Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

Record Management

Records of proceedings under the Student Code will be governed by C22.0 - RIT Records Management Policy.

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