Rules of Decorum for Student Conduct, Sex-Based Harassment Grievance Procedures, and other Student-to-Student Hearings

 

SUNY Downstate campus hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily educational in nature. Rules of decorum prohibit any party advisor or decision-maker from questioning witnesses in an abusive, intimidating, or disrespectful manner. These Rules of Decorum require that all parties, advisors of choice, and institutional staff treat others who are engaged in the process with respect. The rules and standards apply equally to all Parties and their Advisor of Choice (Advisor) regardless of sex, gender, or other protected class, and regardless of whether they are in the role of Complainant or Respondent.

Rules of Decorum

1. The following Rules of Decorum are to be observed in the hearing and applied equally to all parties (meaning the Complainant and Respondent) and Advisor questions must be conveyed in a neutral tone.
2. Parties and Advisor will refer to other parties, witnesses, advisors, and institutional staff using the name and gender used by the person and shall not intentionally mis-name or mis-gender that person in communication or questioning.
3. No Party may act abusively or disrespectfully during the hearing toward any other Party or to witnesses, Advisors, or hearing panel member(s).
4. While an Advisor may be an attorney, no duty of zealous advocacy should be inferred or enforced within this forum.
5. No Party may yell, scream, badger, interrupt, or physically ‘‘lean in’’ to a party or witness’s personal space. No Party may approach the other Party or witnesses without obtaining permission from the hearing officer/board.
6. No Party may use profanity or make irrelevant ad hominem attacks upon a party or witness. Questions are meant to be interrogative statements used to test knowledge or understand a fact; they may not include accusations within the text of the question.
7. No Party may ask repetitive questions. This includes questions that have already been asked by the Hearing Board, and/or by other parties. When the Hearing Board determines a question has been “asked and answered” or is otherwise not relevant, the questioner must move on.
8. Parties and Advisors may take no action at the hearing that a reasonable person in the shoes of the affected party would see as intended to intimidate that person (whether party, witness, or official) into not participating in the process or meaningfully modifying their participation in the process.

Warning and Removal Process

The Rules of Decorum will be made available to all parties prior to the start of the hearing.

At the hearing, the Hearing Officer/Board shall have sole discretion to determine if the Rules of Decorum have been violated.  The Hearing Officer/Board will verbally notify the offending person(s) of any violation of the Rules.

Upon a second or further violation of the Rules, the hearing officer/board shall have discretion to remove the offending person(s) or allow them to continue participating in the hearing or other part of the process.

Where the Hearing Officer/Board removes a party’s advisor, the party may select a different advisor of their choice. Reasonable delays, including the temporary adjournment of the hearing, may be anticipated should an Advisor be removed.

The Hearing Officer/Board shall document any decision to remove an Advisor in the written determination regarding responsibility.

Temporary or Permanent Removal of an Advisor of Choice

For flagrant, multiple, or continual violations of this Rule, in one or more proceedings, advisors may be prohibited from participating in future proceedings at SUNY Downstate Health Sciences University in the advisor role on a temporary or permanent basis. Evidence of violation(s) of this agreement will be gathered by the Title IX Coordinator, Vice President for Student Affairs, or a designee of either and presented to the Vice President for Student Affairs. The Advisor accused may provide an explanation or alternative evidence in writing for consideration by the Vice President for Student Affairs. Such evidence or explanation is due within fifteen (15) business days of receipt of a notice of a charge violation of the Rules of Decorum or of re-disclosure or improper access to records. There shall be no right to a live hearing, oral testimony, or cross examination. The Vice President for Student Affairs shall consider the evidence under a preponderance of the evidence standard and issue a finding in writing and, if there is a finding of Responsibility, shall include a Sanction. The finding shall be issued in writing to all Parties and Advisors (if there is a current case pending) within thirty (30) business days unless extended for good cause. There is no appeal of this finding.

In the event that an Advisor is barred permanently or for a term from serving in the role as Advisor in the future, they may request a review of that bar from the Vice President for Student Affairs no earlier than three-hundred and sixty-five (365) days after the date of the findings letter.

Relevant Questions Asked in Violation of the Rules of Decorum

Where a Party asks a relevant question in a manner that violates the Rules, such as yelling, screaming, badgering, or leaning-in to the witness or Party’s personal space, the question may not be deemed irrelevant by the decision-maker simply because of the manner it was delivered. Under that circumstance, the decision-maker will notify the Party of the violation of the Rules, and, if the question is relevant, will allow the question to be re-asked in a respectful, non-abusive manner by the Party.

 

Last Updated: August 1, 2024