As required by New York State Education Law, Article 129-B, crimes of violence, including, but not limited to sexual violence, will be notated on the transcripts of students found responsible after the conclusion of the institutional conduct process AND the resulting sanction of the conduct process includes either suspension or expulsion. The notation on the transcript will read “Suspended after a Finding of Responsibility for a Code of Conduct Violation” or “Dismissed after a Finding of Responsibility for a Code of Conduct Violation”
If a student who is alleged to have committed one of the following acts withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “Withdrew with Code of Conduct Charges Pending.”
Crimes that meet the reporting requirements pursuant to this law include:
- Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
- Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
- Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
- Criminal Homicide—Manslaughter by Negligence: The killing of another person through gross negligence.
- Criminal Homicide—Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
- Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
- Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
Should any student with such a notation on their transcript like to appeal the notation, they may do so in writing to the Dean of Students, or designee, and justify the removal using one of the two following conditions.
- The student has returned from their suspension and has been a student at Onondaga Community College for at least one year without behavioral incident.
- The conduct finding of responsibility has been vacated.
Upon an appeal being received, the Dean of Students will bring the request forward to the appropriate institutional personnel, including but not limited to the Chief of Campus Safety, for review and determination.
A notation for expulsion will not be removed unless the finding of responsibility has been vacated.