Policy on Transcript Notations following Disciplinary Action

New York State Law states that:

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant  to  the  federal  Clery  Act  established  in  20  U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who 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 conduct charges pending.” Each institution shall publish a policy on transcript notations and appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed.  If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

SUNY Downstate is in full compliance with New York State Law and will note on the academic transcript of students found responsible for violations of SUNY Downstate policy which are equivalent to the Clery Act Part I crimes (as updated by the Violence Against Women Act and including the definition of “rape” as defined in SUNY Downstate policy) that a student was “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” (If the student receives either of those sanctions after a finding of responsibility.) The crimes which would require this notation currently include: murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson. SUNY Downstate will also place a notation on the transcript “withdrew with conduct charges pending” if the student withdraws prior to the completion of a hearing and determination of responsibility.

In addition, under SUNY Policy, a student found guilty of hazing or other serious violations of the student conduct code, especially when it leads to the death or serious physical injury to another person will have a permanent notation made on their permanent transcript. In addition, a student found responsible for such violations shall not receive credit for the semester in which the suspension or expulsion occurred, and will be liable for all tuition and fees for that semester.

In cases which are not rape, students may appeal to the Vice President for Student Affairs, in writing, for removal of a notation that they were suspended, no earlier than one year after the suspension is completed. For a case in which a student is found responsible for rape or in cases for which a student was expelled or dismissed from SUNY Downstate for disciplinary reasons, the sole ground for appeal of any such transcript notation shall be if the underlying finding of responsibility is vacated.

 

 

Last Updated: September 2026
Approved by: Council of Deans