Pursuant to the Resolution of the Board of Trustees of the State University of New York, dated May 11, 1967, and Section 356 of the State Education Law, and after consultation with the President, representatives of the faculty, and students, the Council of the State University of New York at Fredonia established and promulgates the following regulations covering the conduct and behavior of students. The following rules and regulations were amended in December 2004 and were agreed upon by the President of the University, the College Council, the Student Affairs Committee, and the University Senate.
Attendance at Fredonia is a privilege afforded the student by the State of New York and not a legal right. The determination of a student's fitness to be admitted to the University and to continue as a student has been entrusted by the Board of Trustees of the State University to the President and their staff. The term "student" or "students" include all persons taking or auditing classes at Fredonia, both full-time and part-time, pursuing undergraduate, graduate, or professional studies; matriculated in any University program. Persons who are not officially enrolled for a particular term, but who have a continuing student relationship with the University are considered "students."
General Policy
Students seeking knowledge and understanding also need freedom to inquire, to exchange ideas through discussion, publication and public presentations. These opportunities are basic to education in and for a democratic society. To ensure these freedoms, the University requires a community free from violence, threats, and intimidation; protective of free inquiry; respectful of the rights of others; open to change; supportive of democratic and lawful procedures; and dedicated to the rational and orderly approach to the resolution of human problems. In exercising freedoms and in discharging the rights and obligations of citizenship, students must also recognize their responsibilities to other individuals, to the University, to the state and the nation, and to society in general. Orderly and dignified expression and conduct are expected.
In protection of these freedoms the University must establish certain standards of personal and group conduct. The University may apply sanctions or take other appropriate action when the conduct of individuals or groups on or off campus directly or significantly interferes with the freedom to teach and learn, the safety and health of persons in the community, the maintenance or protection of property, the provision of living accommodations and other services, and the sponsoring of non-classroom activities such as lectures, concerts, athletic events, and social functions.
Counseling, guidance, and rehabilitation are the preferred means for resolving behavior problems. Although disciplinary proceedings play a secondary role in resolving such problems, violation of the Standards of Behavior listed below may result in privilege restriction, suspension, or expulsion/dismissal.
In the legitimate interest of the University in protecting property and the safety and welfare of specific individuals or the general public, the University President or their designee may temporarily suspend an individual, change a student's residence hall location, or remove a student from the residence halls pending a decision by the Director of Judicial Affairs, the judicial board, or the administrative board.
Statement of Jurisdiction
The Standards of Behavior and University Policies apply to all undergraduate students, graduate students, and student organizations of Fredonia. The Standards of Behavior primarily prohibits misconduct on Fredonia property, but may address off-campus conduct when the behavior or the continued presence of the individual, in in the University's sole judgment, impairs, obstructs, or interferes with the mission, processes, or functions of Fredonia. Students should be aware that Fredonia reserves the right to review and take disciplinary actions based on conduct occurring off-campus and/or between academic periods.
A student's actions may violate civil or criminal laws as well as being deemed a violation of the University Standards of Behavior or University Policies. In such situations, that student may be held accountable by both civil authorities and face University sanction. The University may at its sole discretion, elect to pursue disciplinary action against a student even if criminal charges involving the same incident are pending, have been dismissed, or were reduced.
Students that elect to Study Abroad through the International Education Center will assume dual status as a Fredonia student and as a student of the host institution. Fredonia's Rights and Responsibilities are applicable while the student is studying abroad.
Students who witness serious violations of Fredonia policy, procedures, or Rights and Responsibilities that are potentially harmful to the safety and well-being of others may be charged with a violation or violations if they fail to remove themselves from such situations and/or report the incident to proper authorities.
Specific Standards of Behavior (Code of Conduct)
Listed below are the Specific Standards of Behavior (Code of Conduct). The Code of Conduct is broken into four sections: Personal Identification and Representation; Interference with the Health, Safety, or Rights of Other Persons; Care of University or Personal Property; and Demonstrations by Groups or Individuals. Alleged violation of any of the following may result in charges being filed against a student or organization.
1. Personal Identification and Representation
Failure to act in accordance with these standards must be treated as a major failure to accept responsibility as a student and make one subject to separation from the community. Prohibited are:
(a) Furnishing false or incomplete information to University offices, officials, or judicial boards.
(b) Failing to appear before a University official or judicial board when directed to appear.
(c) Making, forging, printing, reproducing, copying, or altering any record, document, writing, or identification used or maintained by the University that results in injury, defrauding, or misrepresentation.
(d) Refusing to identify one's self when directed by an authorized University official. Students are expected to carry their FREDCard at all times.
(e) Transferring one's own FREDCard to another person for the purpose of that other individual obtaining University services or privileges.
(f) Attempting to obtain or obtaining a University privilege or service to which the student is not entitled.
(g) Providing erroneous information concerning a change in status concerning financial refunds or financial independence from parents or legal guardian.
(h) Failing to provide accurate information regarding one's local address, residency, or contact information.
2. Interference with the Health, Safety, or Rights of Other Persons
All members of the University community share the responsibility for protecting and maintaining community health, safety, and the rights of other persons. Students are required to obey the statutes and laws of the Nation and the State, as well as the ordinances and laws of the village of Fredonia, city of Dunkirk, and the towns of Pomfret and Dunkirk. Conviction of a violation of such laws, statutes, or ordinances may be grounds for suspension or expulsion/dismissal. The following conduct is prohibited:
(a) Failing to comply with reasonable directions of University or town officials (this includes, but is not limited to, faculty, staff, Residence Director, Resident Assistant, security, safety, fire officials, or police officers carrying out properly assigned responsibilities).
(b) Failing to comply with the final decision of a judicial board or administrative action.
(c) Misusing safety equipment including but not limited to tampering with fire equipment, fire alarms, exit lights, refusal to obey a fire alarm, initiating a false fire alarm, submitting a bomb threat, activating emergency phones, sprinkler systems, or propping doors open.
(d)
1) Fighting and threats to, physical abuse of, harassment, assault, or any other action which threatens to or does endanger the health, safety, or welfare of a fellow student and/or member of the University community.
2) Engages in or threatens to engage in behavior which poses imminent danger of causing substantial harm to one's self or others.
3) Obstructing or disrupting the teaching, administrative, or public service functions of the University.
4) Obstructing or disrupting disciplinary proceedings or authorized University activities.
(e)
1) Engaging in any action or situation which endangers or causes substantial harm to the mental or physical health of a member of the University or local community.
2) Creating a situation that results in severe or pervasive harassment of a member of the University or local community. This includes bullying and cyber-bullying.
3) Engaging in any form of hazing, which endangers the mental or physical health or involves the forced consumption of alcohol or drugs for the purpose of initiation or affiliation with any club, team, or organization. This is more particularly described in the University Policy on Hazing.
(f) Participation in any form of non-consensual sexual intimacy and unwanted physical sexual conduct. This includes sexual violence, sexual harassment, and sexual discrimination and is more particularly described in the University Policy on Sexual Assault.
(g) Possessing firearms, explosives (including firecrackers), weapons, BB guns, paintball guns, potato guns, blow guns, knives (4 inches or longer or switchblade), bayonets, nunchucks, brass knuckles, and toy guns that look like real guns.
(h) Illegally using, possessing, selling, or distributing narcotics, stimulants, depressants, hallucinogens, marijuana or its derivatives, or drug paraphernalia. This is more particularly described in the University Policy on Drugs and Alcohol and the Residence Life Policy and Procedures.
(i) Illegally using alcohol, possessing alcohol, selling or distributing alcohol; distributing alcohol to minors. This is more particularly described in the University Policy on Drugs and Alcohol.
(j) Sponsoring or hosting a house party that violates state or local laws, ordinances, or jeopardizes the health and safety of students or others.
(k) Use of speakers or other sound amplifying equipment without approval as to the time and place from the Office of Student Affairs, Campus Life, and/or Residence Life.
(l)
(1) Posting of posters, handbills, or notices without permission of the appropriate University official. The Office of Campus Life must approve all postings.
(2) Solicitation or vending of any kind is not permitted on campus or in residence halls, unless permission is given by the Office of Residence Life and/or the Office of Campus Life.
(m) Fredonia is a tobacco-free campus. Smoking is not permitted. This includes, but is not limited to; cigarettes, cigars, pipes, hookahs, e-cigarettes, etc.
(n) Ignoring reasonable standards of appropriate behavior, including disorderly conduct.
(o) Engaging in cheating, plagiarism, or collusion on any examination or on assigned work. This is more particularly described in the University Policy on Academic Integrity.
(p) Refusing to accept financial obligations incurred as a student enrolled at the University. The University is empowered to refuse to register, graduate, or release records of any student who is delinquent in their obligations to the University.
(q) Viewing, possessing, or distributing child pornography.
(r) Counterfeiting or violating copyright laws.
(s) Illegal or inappropriate use of Fredonia's network or computers. This is more particularly described in the Computer and Network Usage Policy.
(t) Engaging in unlawful gambling activities under conditions that are contrary to the provisions of state law or any applicable University policy.
3. Care of University and Personal Property
Maintaining and preserving University grounds, academic buildings, resident and dining facilities, and other associated structures is an obligation of all members of the University community. Similarly, maintaining and preserving personal property is also an obligation. Prohibited are:
(a)
1) Theft, unauthorized possession of, property belonging to the University, a member of the University community, a campus guest, or community member.
2) Vandalism, destruction of, damage to, or inappropriate use of property belonging to the University, a member of the University community, a campus guest, or community member.
(b) Destruction, mutilation, and defacement of or tampering with books, magazines, library materials or equipment, or computer services or equipment.
(c) Unauthorized occupancy of or trespassing on University property or facilities, or that of a community member.
4. Demonstrations by Groups or Individuals
The campus must be open to a free exchange of ideas and individuals and groups have protected Constitutional rights; therefore, all members of the community are encouraged to conduct dialogues with mutual respect and courtesy.
Prohibited are:
(a) Denying to other students, officials, employees, or invited guests of the University lawful freedom of movement on the campus, lawful use of the property or facilities of the University, or the right of lawful entrance to and exit from any of the University's facilities.
(b) Impeding the staff or faculty of the University in the performance of their duties, or impeding any student of the University in the pursuit of their legitimate educational or social activities, through the use of restraint, coercion, or intimidation, or when force and violence are presented or threatened.
(c) Engaging in any intentional overt activity resulting in the obstruction to, disruption of, or interference with any of the legitimate missions, processes, procedures, or functions of the University.
(d) Refusing to vacate a building, street, sidewalk, driveway, or other facility of the University when directed to do so by an authorized official.
(e) Making unnecessary noise or causing noise to be made with objects and instruments, which disturb University functions or community living.