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New code of conduct will address current issues

By Jacob Tierney
On October 14, 2011

Buffalo State's code of conduct has begun the process of being updated to better handle modern issues.

New sections ban prescription drugs, airsoft guns and bullying, none of which are addressed under the current code.

A rough draft of a new code of conduct was created almost three years ago, but it was only during this previous summer that work began in earnest, said Latonia Marsh, director of judicial affairs.

"The dean of students and myself had reviewed the code of conduct three years ago, and felt that there was a need to start updating our code of conduct to meet the changing times," Marsh said.

The updated code of conduct was drafted over the summer, but it requires approval by the College Senate before it can be implemented. This is not an easy task, Marsh said.

The college will create a review committee to discuss the updated code and determine which policies should be implemented, said Charles Kenyon, dean of students.

Joshua Rich, a graduate student at the University of Buffalo, has been working in the Judicial Affairs office as a graduate and senior research assistant for the offices of violence intervention and judicial affairs. Over the summer, he compared Buffalo State's code of conduct to those of other colleges, both within SUNY and across the country. The current code has no major deficiencies, he said, but it needed to be updated to meet the times.

"What we're required to do is being met, but we want to go above and beyond that," Rich said.

In some cases, criminal offenses are not currently covered by the college's code of conduct. While possession or distribution of controlled substances is included, abuse of prescription drugs and possession of drug paraphernalia are not.

These and other activities will be addressed by the updated code.

The new wording would allow the college to restrict certain colors or articles of clothing that mark association with a gang, Marsh said.

Language dealing with bullying was also added in light of recent events, such as the suicide of a student who was bullied for his sexuality at Rutgers University, NJ, last year.

"Things like cyber bullying have become more of a concern today," Kenyon said.

In the past, the College Senate may have been hesitant to address a new code of conduct because the previous one has worked adequately, Marsh said.

"If there's not a problem, the college senate may not look at it for improvement or change," she said.

However, new federal regulations regarding how colleges handle sexual assault cases require the college to update certain aspects of the code anyway, which provided the Judicial Affairs Office with an opportunity to promote further updates, Marsh said.

Additional sexual harassment policies have already been implemented to meet the new requirements, Kenyon said. These include stricter policies for determining the responsibility of those accused with sexual assault, and more options for victims to appeal decisions.

The code is the college's own body of laws, separate from penal law, Marsh said. Students accused of wrongdoing under the code of conduct are entitled to due process rights.

Serious cases go to a hearing before a judicial board, made up of two faculty members, two staff members, and three students. The board can decide on a variety of sanctions, up to and including expulsion from the college. These hearings and sanctions are decided separately from any possible penal action.

The code of conduct exists to keep students safe, said both Marsh and Rich.

"The code is a service to students," Rich said. "We want to make sure we're keeping this up to date with all of the different needs of society."

Jacob Tierney can be reached by email at Tierney.record@live.com.


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