N.Y. Comp. Codes R. & Regs. tit. 8 § 574.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 574.6 - Notice and processing of charges

(a) A complaint regarding any violation of a campus rule approved by the college council shall be in writing reciting the time and place of the violation and the title, number, or substance of the applicable rule.

(1) The complaint must be subscribed by the officer witnessing the violation and shall be served upon the violator or attached to the vehicle involved.

(2) The complaint shall also indicate the amount of the fine imposed for the violation, and advise that if the person charged does not dispute the violation, such fine shall be paid as designated by the college administration within five calendar days. Fines not collected within the designated time may be deducted from the salary or wages of an offending officer or employee of the college or college-related organization. Grades and transcripts may be withheld until all fines are paid in the event fines are not collected within the designated time from an offending student of the college.

(3) The notice shall recite that an appeal may be requested within five working days after service of the charges by appearing in person at the SUNY Delhi University Police Office.

(4) Should the alleged violator fail to file an appeal within the prescribed time frame, the complaint is proved and shall warrant such action or penalty as may be deemed appropriate.

(b) The director of campus public safety shall serve as a hearing officer to hear complaints for violation of campus traffic and parking regulations enforceable on campus. The hearing officer shall not be bound by the rules of evidence, but may hear or receive any testimony or evidence directly relevant and material to the issues presented.

(c) At the conclusion of a hearing or not later than five days thereafter, the hearing officer shall file a decision and report in such location as may be designated by the vice president for student life. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

(1) the name and address of the defendant;

(2) the time and place when the complaint was issued;

(3) the campus rule violated;

(4) a concise statement of the facts established on the hearing based upon the testimony or other evidence offered;

(5) the time and place of the hearing;

(6) the names of all witnesses;

(7) each adjournment stating upon whose application and to what time and place it was made; and

(8) the decision (guilty or not guilty) of the hearing officer.

(d) In the event that the decision of the hearing officer is that the alleged violator is guilty, the violator may appeal the decision within 72 hours after notification of the decision by filing a written appeal with the vice president for student life of the college. Within 72 hours after receipt of the appeal, the vice president for student life will transmit the appeal to a hearings appeal board for appropriate action. The decision of the hearings appeal board shall be final and shall be promptly transmitted to the appellant.

(e) The hearings appeal board shall consist of three members of the college community appointed by the president of the college.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 574.6