1.1 The Trustees and Chancellor of Syracuse University have delegated authority to the University Judicial System to adjudicate cases alleging violations of the Code of Student Conduct by Syracuse University students. Students of the State University of New York College of Environmental Science and Forestry (SUNY ESF) also are subject to the procedures set forth below when allegations arise related to the behavior of a SUNY ESF student living in a Syracuse University residence hall or apartment and/or when the behavior of a SUNY ESF student is determined to pose a significant threat to the safety and well-being of the Syracuse University community.

1.2 The procedures included herein apply to the resolution of matters of social misconduct and related matters.

1.3 Supervision of the University Judicial System is the responsibility of the Senior Vice President and Dean of Student Affairs and the Associate Vice President and Dean of Students. Implementation of these procedures is the responsibility of the Director of Judicial Affairs, or his or her designee, in cooperation with the Associate Dean of Students, the Director of Residence Life, the Director of Health Services, the Director of Prevention Services, and the Director of the Counseling Center, or their respective designees.

1.4 Syracuse University is an institution of higher learning where individual growth and development are fostered, excellence is pursued, and the highest standards of integrity are expected in all areas of life. Syracuse University is committed to providing an environment where persons are safe, property is secure, individual rights of all persons are respected, and education of the highest quality is achieved.

1.5 The Code of Student Conduct outlines the behavior that is expected of all students at Syracuse University. Having voluntarily enrolled at Syracuse University, all students have entered into an agreement to abide by the rules and regulations set forth in the Code of Student Conduct. Each student is responsible for conforming his or her conduct to the requirements of this code and applicable federal, state and local laws.

1.6 Violations of the Code of Student Conduct will be adjudicated by the University Judicial System, which is designed to reflect and to support the educational mission of the institution and ensure the fair and equitable treatment of all individuals and groups charged with or victimized by student misconduct.

1.7 The decision to pursue allegations of student misconduct through the University Judicial System is deemed acceptance of its philosophy that any potential sanctions will be designed to address the safety and security of persons and property and to educate students with regard to higher standards of behavior. Sanctions of the University Judicial System are not designed nor intended to be punitive in nature.

1.8 Syracuse University considers its Code of Student Conduct as a statement of minimal expectations and seeks to foster a commitment to the highest standards of ethical behavior by the coherent, consistent and fair manner in which it enforces its rules and regulations. The University views its judicial process as a learning experience that is intended to result in the growth and understanding of individual responsibilities on the part of all persons.

2.1 The University Judicial System has jurisdiction over all alleged violations of the Code of Student Conduct by any student or recognized student organization that may be brought to its attention. Jurisdiction of the University Judicial System extends to alleged misconduct that takes place on University owned or controlled property or on property close to the University, including the Greek chapter houses; alleged misconduct that takes place at any University sponsored event; and alleged misconduct that has a significant impact on the educational mission and well-being of the University community that takes place at any location off campus.

2.2 University judicial proceedings are administrative in nature and independent of any criminal and/or civil proceedings that may be concurrently in process. University judicial proceedings are intended to enforce the Code of Student Conduct at Syracuse University although the conduct in question may be simultaneously in violation of federal, state or local laws. The University may notify local and federal authorities when a crime is alleged to have been committed, but such notification will not modify the University's authority to adjudicate the alleged misconduct through its own judicial system.

3.1 A University Judicial System complaint may be filed against any student or recognized student organization or by any member of the University community. Complaints may be filed by a student, faculty member, or staff member filling out a standard complaint form, which is available in the Office of Judicial Affairs, 310 Steele Hall, or on the web at http://students.syr.edu/judicial/index.html. All documentation and other evidence associated with the complaint, e.g., Department of Public Safety or police reports and witness statements, should be included with the standard complaint form and returned to the Office of Judicial Affairs. More than one complaint may be filed arising out of the same incident.

3.2 The Office of Judicial Affairs will determine whether a complaint concerns students and/or recognized student organizations and whether the complaint concerns subject matter falling within the jurisdiction of the University Judicial System. The Office of Judicial Affairs further will determine whether the complaint demonstrates sufficient evidence of wrongdoing to warrant further investigation and/or commencement of the judicial process.

3.3 The standard of proof applied within the University Judicial System is a preponderance of the evidence, which requires a demonstration that it is “more likely than not” that the accused student or recognized student organization has violated the Code of Student Conduct.

3.4 It is the responsibility of each party to investigate, prepare, and present his or her case before a hearing board or other body. This responsibility includes identifying and presenting any witnesses or witness statements. The University Judicial System is not authorized to compel the appearance of any witness at a University Judicial System proceeding. Similarly, neither parties nor their representatives are authorized to compel or attempt to compel the appearance of any person at a University Judicial System proceeding.

3.5 Complainants are permitted to withdraw their complaints subsequent to filing if the Office of Judicial Affairs is satisfied that the complainant’s decision has not been influenced by pressure or intimidation. In the event that the complainant is determined to have been influenced by pressure or intimidation, or in other extenuating circumstances, or where the University’s interests would be served by continuation of the case, the Senior Vice President and Dean of Student Affairs or the Associate Vice President and Dean of Students may appoint a University complainant to continue the case.

3.6 Upon determining that a complaint meets the technical standards required by the University Judicial System, the Office of Judicial Affairs will contact the accused student or recognized student organization. The accused student or recognized student organization will be invited to participate in a meeting with a case manager to discuss the allegations and determine whether an informal resolution can be reached. An informal resolution occurs when a student or recognized student organization accepts responsibility for the alleged violation(s) and an appropriate sanction is determined. Once an informal resolution is reached, the decision is final and will be revisited only where new information becomes available that tends to demonstrate that a substantial error has occurred. In such a case, the accused student or the complainant may submit a written petition for reconsideration of the case to the Associate Vice President and Dean of Students and/or the Director of Judicial Affairs. The decision of the Associate Vice President and Dean of Students and/or the Director of Judicial Affairs on reconsideration is final.

3.7 If an informal resolution cannot be reached, then the case will be assigned to an appropriate hearing officer or hearing board for formal resolution. The hearing process is described in Parts 6 through 9 herein.

3.8 A student who chooses to withdraw from the University rather than participate in the judicial process will be classified as having been withdrawn for disciplinary reasons. This status will be noted on the student’s transcript as a University-initiated withdrawal. A student who withdraws under these circumstances may not receive a transcript, is not permitted to enter onto Syracuse University owned, operated, or controlled property, and may not participate in any course or program offered by Syracuse University until the pending matter is resolved

3.9 Except in unusual circumstances as determined in its sole discretion, Syracuse University will seek to notify parents or guardians of judicial issues involving their dependent students as follows:

Except in unusual circumstances as determined in its sole discretion, and consistent with federal law, Syracuse University will seek to notify parents or guardians of judicial issues involving non-dependent students as follows:

Other disclosures of student discipline records not described above will be handled consistent with Part 13 below.

4.1 The University Judicial Board is comprised of five (5) students selected from a pool of at least ten (10) students. When the accused student is an undergraduate student, at least two (2) board members are undergraduate students; when the accused student is a graduate student, at least two (2) board members are graduate students. When the accused student lives in a University residence and when the incident in issue occurred in a University residence, at least two (2) board members are current residential students. When the accused student organization is a recognized Greek letter organization, at least two (2) board members are members of a recognized Greek letter organization other than the organization(s) involved in the case. In cases involving nonconsensual sexual activity or a felony arrest, the complainant or the accused student may request that a non-student University Judicial Board comprised of three (3) faculty, staff or administrative University Appeals Board members be appointed by the Director of Judicial Affairs. The University Judicial Board is advised by a trained designee of the Director of Judicial Affairs or, in cases of nonconsensual sexual activity or felony arrest, by the Director of Judicial Affairs or an attorney appointed by the Director of Judicial Affairs.

4.2 The University Judicial Board may hear any case of alleged violation of the Code of Student Conduct filed against individual student or student organizations, except cases of academic dishonesty. The University Judicial Board may impose sanctions up to and including expulsion from the University and may design sanctions that are educational and/or remedial specific to the facts of a given case. Standard Sanctioning Guidelines for specific offenses and the applicability of those guidelines are included in Part 10. Decisions of the University Judicial Board are confirmed by the Director of Judicial Affairs, or his or her designee.

4.3 Appeals from decisions of the University Judicial Board that meet the criteria set forth in Part 11 below are heard by the University Appeals Board.

4.4 The University Appeals Board is comprised of three (3) members. Two (2) members are faculty/staff/administrators and one (1) member is a student, except in cases of nonconsensual sexual activity or felony arrest where a non-student hearing board was selected to conduct the original proceedings. Where this non-student option has been selected, the University Appeals Board will be comprised of three (3) faculty/staff/administrators. The University Appeals Board has authority to hear appeals from decisions of any lower non-academic judicial board that meet the criteria set forth in Part 11. In addition the University Appeals Board has authority to review the decision rendered by any hearing officer described within these procedures. Members of the University Appeals Board are appointed by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students from a pool of at least ten (10) members recommended by the University community. The University Appeals Board is advised by the Director of Judicial Affairs, if he or she has not been involved in the original hearing, or by a designee of the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students.

4.5 The University Appeals Board will determine whether the prescribed criteria for appeals have been met and what process, if any; will be required to resolve the case. The Board may re-hear cases or limit the proceedings to the specific issues outlined in the appeal, depending on the nature of the case. The Board may change lower board decisions, alter sanctions up or down, or return cases to the respective lower board for further process. The University Appeals Board may impose sanctions up to and including expulsion from the University and may design educational and/or remedial sanctions appropriate to a given case. The University Appeals Board may alter the Standard Sanctioning Guidelines in Part 10 where the board determines that substantial mitigating or exacerbating circumstances warrant reduction or enhancement of the standard sanction.

4.6 Decisions of the University Appeals Board will be final when reviewed and confirmed by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, except decisions rendered on the merits in cases involving nonconsensual sexual activity or felony arrest. Decisions rendered on the merits in cases involving nonconsensual sexual activity or felony arrest are final once confirmed by a Review Board of three (3) faculty/staff/administrators appointed by the Chancellor.

University administrators assume a variety of roles in the informal resolution of most judicial matters. When formal resolution of a judicial complaint has been initiated, the roles of the University administrators are as outlined below.

5.1 The Office of the Senior Vice President for Student Affairs is responsible for the coordination of support and advisory resources that are available to complainants and accused students involved in the University Judicial System. The Office of the Senior Vice President for Student Affairs will guide parties to referral sources for on-campus counseling and to a pool of community members that have volunteered and been trained to provide procedural advice or personal support to participants in the University Judicial System.

5.2 The Judicial Advisors are one or more graduate students who educate complainants and accused students with regard to University Judicial System procedures; act as case managers in reaching informal resolutions of judicial complaints; and, manage student referrals to University and community resources designed to assist students in fulfilling judicial sanctions.

5.3 The Judicial Counselors are one or more professional staff members who act as case managers in reaching informal resolution of judicial complaints; design and provide training and educational programming to the University community; and, offer follow up support for students subsequent to the resolution of their judicial cases.

5.4 The Associate Director of Judicial Affairs acts as a case manager; supervises the assessment activities of the Office of Judicial Affairs; provides training, advising, and educational programming to members of the University community concerning the University Judicial System; and acts on behalf of the Director of Judicial Affairs in his or her absence.

5.5 The Director of Judicial Affairs directs the activities of the University Judicial System and acts as a case manager. The Director of Judicial Affairs approves informal resolutions to judicial complaints; appoints University Judicial Board members; assigns case managers; confirms University Judicial Board decisions; advises or arranges for the legal advisement of the University Appeals Board; and, assures that the overall functioning of the University Judicial System is consistent with applicable laws and regulations.

5.6 The Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students are responsible for the overall supervision of the University Judicial System, the imposition of interim suspensions, the appointment of University Appeals Board members, and the confirmation of University Appeals Board decisions, except as otherwise provided herein.

6.1 The status of an accused student will not be changed while a case is pending against him or her, unless the Associate Vice President and Dean of Students, or his or her designee, determines that an interim suspension is required to promote the safety and well-being of the University community.

6.2 A student who is suspended on an interim basis pending the outcome of proceedings against him or her will be given the opportunity to be heard by the University Appeals Board on the merits of the decision to impose the interim suspension within three (3) University business days of receipt by the Office of Judicial Affairs of the student’s written request for such a hearing. Such a request must be made by the student within 30 days of the imposition of the interim suspension. If no such request is made, the interim suspension will remain in effect pending a hearing on the merits of the judicial case. All recommendations of the University Appeals Board reviewing the imposition of an interim suspension are confirmed by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, and when confirmed, the decision is final and no further review of the interim suspension status is available.

6.3 Where an interim suspension is imposed in a case involving the arrest of the accused student, the University may require the associated criminal matter to be resolved in full prior to the pending judicial case being heard on its merits by the University Judicial Board. In circumstances where a criminal matter remains pending or in other unusual circumstances, including those described herein at Sections 6.4 and 7.4, students who seek to have their cases heard on the merits may file a written request for a hearing before the Director of Judicial Affairs, or his or her designee, who will act in the role of hearing officer consistent with the policies of the University Judicial System.

Unless modified pursuant to Part 12 of these procedures, hearing officer proceedings will conform substantially to the procedures outlined at Parts 7 through 9 herein, except that a hearing officer will act in the role of the University Judicial Board. The results of the proceedings may be appealed in writing to the University Appeals Board in accordance with Part 11 of these procedures.

6.4 Certain administrators have been granted authority to take specific administrative actions to promote the safety and well-being of members of the University community and to enforce other administrative policies.

The Director of Residence Life, or his or her designee, is also permitted to respond on an emergency basis to behavioral incidents alleged to violate the Code of Student Conduct occurring within or otherwise impacting the safety of any residential unit by relocating a student within or removing a student from University housing on a temporary basis pending fulfillment of specific conditions and/or review of the matter by the University Judicial System.

Except in emergency circumstances related to a medical or psychological condition, or in situations where a student is in violation of local, state, or federal laws or regulations designed to safeguard the public’s health, a student is entitled to an opportunity for a hearing before a hearing officer prior to withdrawal for medical reasons pursuant to this subsection. Such a hearing will be held in accordance with the procedures described above at Section 6.3, except that the hearing officer in such a case will be advised by an appropriately trained professional. The results of such a hearing may be appealed in writing to the University Appeals Board in accordance with Part 11 of these procedures.

In emergency medical or psychological circumstances, students may be removed immediately from the University pursuant to Part 15 of these procedures.

7.1 Prior to a formal hearing on the merits of a case, each party (i.e., the complainant(s) and accused student(s)) will be given written notice of the charges stating: the alleged facts upon which the charges are based, the sections of the Code of Student Conduct alleged to have been violated, the procedures to be used in resolving the charges, and the date, time, and location of the hearing. Notice will be delivered at least three (3) University business days prior to the hearing and will be considered complete when placed at the door of the address last given by the student to the University Registrar or in any other manner reasonably designed to give notice to the student.

7.2 Each party will be given an opportunity to be heard before an impartial hearing board or hearing officer in a timely manner - usually within thirty (30) days of the filing of the written complaint. Attendance at hearings is limited to the hearing board and its advisor, and the parties immediately involved and their procedural advisors. Witnesses are permitted access to the hearing room solely for the purpose of and duration necessary to provide testimony.

7.3 Each party will have the opportunity to face the opposing party and to ask questions indirectly through the hearing board. The hearing board has the discretion to determine whether to permit questioning of witnesses through the hearing board.

7.4 Hearing boards may be advised at all times by an attorney or other advisor. Parties may be advised during the hearing by a procedural advisor who is a full-time member of the Syracuse University community. Persons who may serve as procedural advisors are limited to students, faculty, and staff of Syracuse University and SUNY ESF. No attorney who is not also a full-time member of the Syracuse University or SUNY ESF faculty, staff, or student body will be permitted to participate in the judicial process on behalf of the complainant or the accused student, except where criminal or civil proceedings are also pending. When criminal or civil proceedings are pending, both the complainant and the accused student may be advised by an attorney, but the individual parties remain primarily responsible for conducting their own presentations.

Attorneys for the complainant and the accused student, when permitted to participate, are limited to the role of the procedural advisor described below at Section 9.5. Any attorney who fails to conform his or her behavior to these requirements will be removed from the proceedings and barred from acting as a procedural advisor in future University Judicial System proceedings. In such circumstances the hearing board will determine whether to proceed with the hearing without the presence of the procedural advisor or to forward the case to the Director of Judicial Affairs for resolution before a hearing officer.

7.5 Each party may present objections to the participation of any board member for reason of conflict of interest. Any such objection will be ruled on by the chairperson, or by vote of the majority of the board, if the objection is to the chairperson’s participation

7.6 Each party will have the opportunity to present relevant testimony and/or evidence to the hearing board on his or her own behalf and the opportunity to respond to testimony or evidence presented by other parties. Relevance of testimony will be determined by the respective board chairperson. Issues of relevance related to the previous sexual behavior of either party will be resolved prior to the hearing, with a presumption of irrelevance unless proven otherwise, consistent with Section 9.8 below.

7.7 An audio recording will be made of all hearings involving nonconsensual sexual activity or felony arrest. Either party may request that a written transcript of these recordings be made at the expense of the requesting party or have access to the recordings by arrangement with the Director of Judicial Affairs.

7.8 Each party will receive written notice of the hearing board’s confirmed decision within five (5) University business days after the hearing is concluded. A hearing is considered concluded at the point the hearing board’s deliberations are complete.

8.1 Each party must appear at the hearing as specified. If either party fails to appear at the hearing, the hearing board may proceed with the hearing, dismiss the complaint, or reschedule the hearing, as the facts and circumstances of the case indicate.

8.2 Each party must act in a manner that is respectful of the proceedings and the rights of all individuals involved. It is the responsibility of each party to assure advisors, witnesses, and other affiliates act in a manner that is respectful of the proceedings and all individuals involved. The board chairperson shall retain the option to discontinue the hearing and forward the case for administrative resolution by the Director of Judicial Affairs, or his or her designee, when the behavior of any person has become an encumbrance likely to have a detrimental impact on the outcome of the hearing.

8.3 Each party must answer pertinent questions truthfully during the hearing or choose to remain silent. The board may draw inferences from the statements and silence of any person with respect to pertinent questions. False testimony by any person may give rise to further disciplinary action or an enhancement of sanction at the discretion of the board.

8.4 At the hearing each party must offer all information known or available to him or her that he or she desires to be considered. Each party is responsible for calling witnesses to testify on his or her behalf and for providing a list of potential witnesses, including witness names and whether a witness will testify to facts in issue or to the character of the offering party. This list must be submitted to the Office of Judicial Affairs at least 24 hours in advance of the hearing. Witness lists will be made available to the opposing party by the Office of Judicial Affairs. The hearing board chairperson will have the discretion to limit the number of witnesses to be called by either party, taking into consideration the following guidelines:

9.1 The purpose of the hearing is to provide the opportunity for complainants and accused students to present all relevant testimony and other evidence with regard to alleged violations of the Code of Student Conduct. It is the responsibility of the hearing board to consider impartially all relevant testimony and other evidence, determine the facts, and impose appropriate sanctions. Decisions of the respective hearing boards are subject to review and confirmation by the appropriate University officials, as outlined in Part 5 above.

9.2 University Judicial System hearings are administrative, rather than criminal or civil, in nature. Rules of evidence and the criminal standard of proof do not apply.

9.3 University Judicial System hearings are confidential and closed to persons not directly related to the case. The results of University Judicial System hearings are held confidential in accordance with applicable law. The University reserves the right to correct any misinformation with regard to University Judicial System actions that may be circulated in the media when the well-being of the community so requires. The University will publish data related to the activities of the University Judicial System on a periodic basis consistent with constraints imposed by law.

9.4 Complainants, accused students, and the University, as represented by the respective hearing boards, are the principal parties in University Judicial System proceedings. All parties, procedural advisors, witnesses, and hearing board members are expected to maintain the confidentiality of judicial system proceedings.

9.5 Procedural advisors, including attorneys where applicable, have no standing in University Judicial System proceedings, except to provide advice to their respective parties in a quiet, non-disruptive manner. Advisors, and attorneys when applicable, do not represent or speak for their respective parties, except at the request of the board chairperson. Excluding interim suspension hearings, requests for a procedural advisor should be made at least 48 hours prior to the hearing.

9.6 Chairpersons appointed by the Director of Judicial Affairs, or his or her designee, will preside at each hearing.

9.7 The order of presentation at the hearing will be as follows:

In cases involving nonconsensual sexual activity, felony arrest, or in other appropriate circumstances, the order of presentation at the hearing may be changed at the discretion of the board chairperson.

9.8 The hearing board members may ask questions at any time subject to limitations of relevance, as determined by the chairperson. The parties may ask questions indirectly through the board chairperson subject to reasonableness and relevance, as determined by the chairperson. In cases of alleged nonconsensual sexual activity, evidence of the complainant's and/or alleged victim’s prior sexual conduct will not be admissible, unless it proves or tends to prove specific instances of the complainant's and/or alleged victim’s prior sexual conduct with the accused student. Evidence of the past sexual behavior of either party and/or alleged victim will be resolved prior to the hearing, consistent with Section 7.6 above.

9.9 Hearing board decisions are made in private and by a majority vote of the board members. All hearing board decisions are subject to confirmation by the appropriate University official.

9.10 All parties will be informed of the confirmed hearing board decision in writing within five (5) University business days after the conclusion of the hearing. A hearing is considered concluded when all hearing board deliberations are complete.

10.1 University Judicial System sanctions are official actions of the University. Failure to comply with sanctions that are imposed by the University Judicial System, or with specific conditions related to the safety and security of any persons or property while a case is pending, will result in immediate, indefinite suspension or expulsion from the University without benefit of further process.

10.2 The following sanctions, or any combination thereof, may be applied to any individual student, group of students, or student organization, for violations of the Code of Student Conduct and related University policies:

10.3 APPLICATION OF STANDARD SANCTIONING GUIDELINES

Standard sanctions have been adopted by Syracuse University to respond to substance abuse-related violations of the Code of Student Conduct and other serious behaviors. Syracuse University is deeply concerned about the extent to which some students engage in underage consumption of alcohol, unlawful use of drugs, and/or consumption of alcohol or other drugs to a degree that renders them in need of emergency medical intervention or other extraordinary assistance. In addition, Syracuse University seeks to deter students from engaging in conduct that poses risks to the safety and well-being of the individual student and/or the University community as a whole. Standard sanctions are intended to alert students and other members of the University community to the seriousness of alcohol- and drug-related behaviors, violence, and safety violations; provide meaningful consequences for violations of University expectations; and, ensure that students are provided opportunities to access education, counseling, and support.

Standard sanctions apply only to those offenses described in Sections 10.4, 10.5, 10.6, and 10.7. Incidents falling within the Code of Student Conduct but not described in Section 10.4, 10.5, 10.6, and 10.7 will be handled on a case-by-case basis in light of all the circumstances.

Other specific situations to which standard sanctions do not apply are as follows:

In these situations, the appropriate sanctions will be determined on a case-by-case basis in light of all the circumstances. Generally, these situations will result in sanctions in excess of the standard sanction.

The presence of substantial mitigating or other appropriate circumstances may result in the reduction of a standard sanction in the discretion of the Associate Vice President and Dean of Students and/or the Director of Judicial Affairs, or the University Appeals Board.

11.1 Decisions of the respective boards are effective immediately, unless a written notice of intention to appeal has been received by the Office of Judicial Affairs within twenty-four (24) hours after the confirmed decision is made available.

11.2 Either party may appeal the decision of the hearing board in writing within five (5) University business days after the written decision is made available. All appeals must be authored and signed by the submitting party. Appeals produced by procedural advisors or other non-parties will not be considered by the University Appeals Board.

11.3 Appeals must be based on one or more of the following:

11.4 When an appeal has been filed, the appropriate parties may be requested to respond in writing to the matters in question before a decision about the appeal is made.

11.5 The University Appeals Board will determine whether the grounds for appeal have been satisfied and whether further process is necessary to resolve the appeal.

11.6 Findings of fact will be accepted as determined by the original board, unless the appellate body determines that the original board acted in an arbitrary, capricious, or unfair manner.

11.7 The University Appeals Board will make a decision based on the written submissions within ten (10) business days, or indicate in writing what further process is necessary for final resolution.

11.8 The University Appeals Board may re-hear cases or limit the proceedings to the specific issue(s) outlined in the appeal, depending on the nature of the case. The decision may be affirmed or overturned, the sanction may be altered up or down, or the case may be returned to a lower board for additional process. Standard sanctions may be altered by the University Appeals Board where it finds substantial mitigating or exacerbating circumstances warrant reduction or enhancement of the standard sanction.

11.9 Decisions of the University Appeals Board, except decisions on the merits in cases involving nonconsensual sexual activity or felony arrest, will be final when reviewed and confirmed by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee. In cases involving nonconsensual sexual activity or a felony arrest, the Chancellor will designate three (3) faculty/staff/administrators to act as a Review Board to confirm all decisions reached on the merits of the case. At least one of the Review Board members will be male and at least one will be female. They will be designated from a pool of at least six (6) faculty/staff/administrators appointed annually by the Chancellor and appropriately trained to review cases involving nonconsensual sexual activity or felony arrests.

11.10 The Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, or the Review Board, as appropriate, may interview any participant in an earlier proceeding, change the decision, alter the sanction up or down, or return the case to the University Appeals Board or another hearing board for further process. Decisions of the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, or the Review Board, as appropriate, are final. Review and confirmation by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, or the Review Board will be made within ten (10) business days after the decision of the University Appeals Board is complete. Parties will be informed of the outcome of any appeals only upon confirmation by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or their designee, or the Review Board.

12.1 Syracuse University reserves the right to modify its judicial procedures and appeals processes with written notice to the complainant and the accused student when classes are not in session, during the summer session, when safety and security issues so demand, when special expertise is needed to ensure fairness, or in other circumstances where in the University’s sole discretion the procedures described herein are deemed insufficient to meet the objectives of educating and protecting members of the University community. Modified procedures, nonetheless, will provide students with required elements of fundamental fairness.

13.1 Access to disciplinary records is provided in accordance with the Family Educational Rights and Privacy Act of 1974, as amended.

Disciplinary records maintained by the Office of Judicial Affairs are retained for seven (7) years from the date of the most recent incident in the student’s file or until one (1) year after the student has graduated from the University, whichever is longer, provided the student was not suspended, expelled, prohibited from future enrollment or otherwise withdrawn for disciplinary or medical reasons. Records of students who were suspended, expelled, prohibited from future enrollment, or otherwise withdrawn for disciplinary or medical reasons are retained indefinitely.

Students are advised to consult the Academic Integrity Office with regard to the records retention policies associated with academic dishonesty cases.

14.1 In order to obtain a Syracuse University degree (undergraduate or graduate), students must be in good standing with the University. “Good standing” includes a requirement that all matters pending before the University Judicial System have been fully and finally resolved (including, but not limited to, full satisfaction of any sanctions imposed). Students who are not in good standing will not be granted a degree and are not eligible for graduation.

15.1 Syracuse University reserves the right to withdraw a student temporarily from the institution for misconduct that is based on a significant psychological, physical or substance abuse-related condition. Such action of the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or a designee, will be done with appropriate professional consultation. The student will be provided written notice of the reason(s) for the withdrawal and an opportunity to be heard by the Senior Vice President and Dean of Student Affairs and/or the Associate Vice President and Dean of Students, or one or more designee(s), as deemed appropriate under the circumstances.

16.1 The procedures and policies outlined above supercede all previous statements and policies of Syracuse University with respect to student rights and responsibilities as may appear in any Syracuse University publication. The University reserves the right to amend these policies and procedures from time to time.