SUNY Chancellor Institutes Emergency Directive in Response to COVID-19 Student Violations

Dear SUNY Oswego Students, Faculty and Staff,

Earlier today, SUNY Chancellor Jim Malatras announced the implementation of a new policy—an unprecedented “comprehensive emergency directive to address violations of COVID-19 safety protocols occurring at all SUNY state-operated campuses, statutory colleges, and community colleges.”

Tailored in response to the current public health emergency, the policy shall take effect at 8:00 a.m. on October 1, 2020, and assigns standardized sanctions for violations of COVID-19 requirements across all SUNY campuses, including SUNY Oswego. The sanctions are intended to help SUNY balance the need to protect public health of students, faculty, staff, and community members, with students’ rights to remain within the educational environment.

Students at SUNY Oswego have been strongly encouraged to follow the reasonable requirements of wearing masks/coverings, socially distancing, avoiding crowds, presenting for COVID-19 testing, filling out daily digital health forms before arrival on campus, reporting positive test results, and following all directives of campus, local, and State health officials. Our students and employees have also agreed to the Oswego Forward Pledge. The new SUNY policy reinforces these guidelines and sets standard sanctions for violations, consistent with due process, and gives SUNY Oswego the ability to use interim suspension or other interim action for students who commit a COVID-19-related violation during the pendency of the investigation and adjudication process as may be provided by our Code of Conduct.

The SUNY policy — Uniform Sanctioning in Response to COVID-19 Student Violations — states, “Unlike most policy violations that impact just the accused or a small group of people, a violation of mandatory COVID-19 safety protocols can have a wide application and the impact upon direct, secondary, tertiary, and other infected parties can result in their illness, injury, and/or death. Further, violations of mandatory COVID-19 protocols can aid in the spread of the virus, which can result in the partial or complete closure of a campus, loss of academic opportunity, and significant economic damage on and off campus.”

A finding of responsibility and applied sanction of dismissal or suspension shall, consistent with SUNY policy, leave the respondent ineligible for refund of tuition, room, board, or fees, and the student will be responsible for all amounts owed. The following is a summary of violations listed in the new policy that could result in sanctions ranging from permanent dismissal from the institution; suspension from academic access (including distance learning); suspension from housing for no less than one calendar year; to suspension from housing with continued access to their academic program via remote learning only (if available and as subject to campus policy and process).

COVID-Positive Intentional Violations: For students who know that they have tested positive for COVID-19, from one or more positive tests, or students who know they have had close contact to someone who has tested positive for COVID-19 or been treated or is symptomatic for COVID-19, and then intentionally expose other students by any means.
Failure to Self-Isolate: For students who have been directed by the institution or the State or local Department of Health to self-isolate (because they have tested positive for COVID19) on or off campus, and then engage in any conduct that would violate such an isolation order.
Failure to Quarantine: For students who have been directed by the institution or the State or local Department of Health to complete a quarantine period (mandatory or precautionary), on or off campus, and then engage in any conduct that would violate such quarantine order.
Prohibited On Campus Gathering (Hosts): For students who host an on campus gathering of any size, whether indoor or outdoor, that exceeds campus housing policy and/or the current limitation published by the institution, Executive Order, or the State or local Department of Health.
Prohibited On Campus Gathering (Attendee): For students who attend a gathering of any size (but not as host), whether indoor or outdoor, that exceeds campus housing policy and/or the current limitation published by the institution, Executive Order, or the State or local Department of Health.
Prohibited Off Campus Gathering (Hosts): Acts that occur off campus in violation of social distancing requirements under law, regulation, order, or campus policy present significant health and safety threats on campus and have a nexus to continued functioning of each campus. For students who host an off campus gathering of any size, indoor or outdoor, that exceeds the current limitation published by the institution, Executive Order, or the State or local Department of Health.
Prohibited Off Campus Gathering (Attendee): Acts that occur off campus in violation of social distancing requirements under law, regulation, order, or campus policy present significant health and safety threats on campus and have a nexus to the continued functioning of each campus. For students who attend a gathering of any size (but not as host), whether indoor or outdoor, that exceeds the current limitation published by the institution, Executive Order, or the State or local Department of Health.
Face Mask and Social Distancing Requirements: For students found to have committed repeated and/or intentional violations of face mask/covering or social distancing requirements of the institution, Executive Order, or the State or local Department of Health.
Contact Tracing: For students who repeatedly fail to comply, whether intentionally or unintentionally (unless it can be shown that the student was genuinely not reached by contact tracers through no failure on their part), with COVID contact tracing efforts conducted by the institution or the State or local Department of Health.
Failure to Comply with Campus Health Protocols: For students who fail to attend at least two scheduled appointments, without sufficient excuse, to obtain diagnostic or surveillance COVID-19 testing under the institution’s published protocol, the institution shall electronically deactivate card access and restrict access to any buildings with the exception of access required to obtain health care services pursuant to campus policy. Furthermore, the student shall be ineligible to attend live classes (though they may continue in remote coursework only (if available and as subject to campus policy and process), and the student’s parking privileges on campus shall be temporarily revoked such that their car may be ticketed or towed if parked on campus. These administrative actions are not disciplinary in nature, and the student may revive full access by obtaining a diagnostic or surveillance test.
Student Athletes: For student athletes, in addition to the other provisions of this policy, a finding of responsibility for any violation detailed above, shall also include, at a minimum, a loss of eligibility to compete in intercollegiate athletics at the institution in the current academic year. Athletic sanctions may also include permanent loss of athletic eligibility at the institution, loss of a semester or year of NCAA eligibility (where applicable), temporary or permanent removal of leadership roles, and loss of scholarship (where applicable).
Student Organizations: For recognized or registered student organizations, whether on or off campus, academic, social, athletic, or of any other nature, that have one or more members who know that they have tested positive for COVID-19, from one or more positive tests, or members who know they have had close contact to someone who has tested positive for COVID19 or been treated or is symptomatic for COVID-19, and are found to have hosted a gathering of any size, indoor or outdoor, on campus or off campus, that exceeds the current limitation published by the institution, Executive Order, or the State or local Department of Health, the available sanctions shall include de-registration or de-recognition and a report to a national organizing body (if applicable) or may also include permanent ineligibility for recognition or registration.

Visit Uniform Sanctioning in Response to COVID-19 Student Violations to review the policy in its entirety and the details associated with each sanction and violation.

I want to thank every member of our campus community for your dedication and resiliency in this difficult time—the vast majority of you who have been following the rules and have helped us bring our positive cases down in recent days. We must remain vigilant. We must each be accountable. Please remember that we are #TogetherOz and our actions are critical to the safety of everyone in our community.

Sincerely,

Deborah F. Stanley
President