N.Y. Comp. Codes R. & Regs. tit. 8 § 576.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 576.7 - Appeals procedure

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 576.7