New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter C - Administration and Operation of State-operated Institutions of State University of New York › Article 3 - Vehicular and Pedestrian Traffic and Parking › Part 576 - State University Maritime College › Section 576.7 - Appeals procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 complaint regarding any violation of a campus rule shall be in writing,
					 reciting the time and place of the violation and the title, number or substance
					 of the applicable rule.
(b) The
					 complaint must be subscribed by the officer witnessing the violation and shall
					 be served upon the violator or attached to the vehicle involved.
(c) The complaint shall indicate the amount
					 of the fine assessable for the violation, and advise that, if the person
					 charged does not dispute the violation, fines may be paid at the student
					 accounts office within 10 business days after receipt.
(d) The complaint shall recite that an appeal
					 may be requested within 10 business days after service of the charges. Any
					 student, faculty member or employee of the Maritime College who feels that
					 he/she has been wrongfully issued a Maritime College summons may, within 10
					 business days after receiving the summons, submit a completed UPD appeal form
					 to the University Police Department. After the 10-day period, the option of
					 appeal or other consideration expires and summons is irrevocable. The alleged
					 violator may request an in-person hearing.
(e) The complaint shall recite that, should
					 the alleged violator fail to appeal violation or should no hearing be requested
					 within the period as prescribed by the college council in subdivision (d) of
					 this section, the complaint is proved and shall warrant such action as may then
					 be appropriate.
(f) The University
					 Police chief shall designate a hearing officer or board, not to exceed three
					 persons, to hear complaints for violation of campus traffic and parking
					 regulations enforceable on campus. Appeals hearing officer or board will
					 adjudicate within 30 days of the receipt of the appeal. Such hearing officer or
					 board 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.
					 At the conclusion of the hearing, or not later than five days thereafter, such
					 hearing officer or board shall file a report. All appeals decisions are binding
					 and final. A notice of the decision shall be promptly transmitted to the Chief
					 of Police and violator. The report shall include:
(1) the name and address of the alleged
					 violator;
(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 or board.