text: Community Standards Students are expected to act responsibly, with sensitivity and in good taste. They are expected to accept the consequences of their actions in all phases of their lives. In their social behavior they should consider their own well-being and that of others and the College. As members of the Le Moyne College community, both graduate and undergraduate students are expected to abide by the rules and regulations published in this handbook or adopted by the College from time to time. These rules, which protect the rights of individuals, require that students take responsibility for their behavior. Statement of Values As an institution of higher learning in the Jesuit tradition, Le Moyne College is dedicated to the pursuit of excellence in all aspects of life. The College recognizes that a values-based education is a part of its mission, and that a community atmosphere informed by values is necessary to the achievement of its academic mission. Le Moyne College firmly states that the following are the values upon which its communal life is built and which students must adopt as their own. Because of the importance Le Moyne attaches to these values, each person who agrees to be a part of the Le Moyne College community must concur with and abide by these values. The values that Le Moyne finds to be essential to its nature and mission, and to which it commits itself and asks all members of its community to adhere to, are: 1. A belief in the potential for excellence in each person. This conviction requires an environment that both supports and challenges the development of human capabilities. 2. An affirmation of a belief in every individual's basic integrity and responsibility, and an affirmation of the process of community based on the human capacity to love, respect and work with one another for personal, intellectual and social improvement. 3. An acceptance of a belief in the importance of individual hard work for developing one's intellectual capacities in conjunction with physical, social and spiritual growth. 4. A recognition of the need to strive to reach these stated values and to overcome the inclinations that generate human exploitation, dishonesty, violence, and the mental and physical abuse of one's self and others. 5. An avowal of the importance of the individual and of individual differences that prompt the need for personal attention, concern and respect. 6. A statement of the need for order, cleanliness and beauty in the social and physical environment in order to encourage development and growth. It is the College's firm position that the maintenance of an environment in which these values are upheld will afford all members of the College community the opportunity to achieve their potential as human beings. Furthermore, the College believes that it is the responsibility of each member of the learning community to assure that these values continue to enrich the life of the College and the lives and conduct of each member of the College community. Students who have any information regarding policy violations should contact a campus life and leadership staff member, security and/or the assistant dean for student development. NEXT: Student Conduct Process Academic Standards Students are expected to observe at all times the highest ethical standards as members of the academic community. Any form of dishonesty makes a student liable to severe sanctions, including expulsion from the College. In cases where a student is accused of a violation of ethical standards in academic matters, the professor, in consultation with the appropriate academic dean, shall determine the penalty up to failure in the course. Further sanctions, such as suspension or dismissal from the College, shall be determined by the appropriate academic dean. Students should note particularly the following six specific policies: 1. Examination Regulations — Students are expected to be familiar with the regulations that are posted before each semester examination period. Violation of any of these regulations makes a student liable to penalties ranging from failure in the examination to dismissal from the College. 2. Cheating — A student who cheats on any examination is liable to penalties ranging from failure in the examination to dismissal from the College. 3. Plagiarism — Plagiarism is the attempt to fulfill an academic requirement by using the ideas, words or work of another person and representing them as one's own. Academic conventions dictate that students and scholars must acknowledge the source of phrases and ideas that are not their own. Many ideas and phrases are so familiar that they have become the common property of all; these obviously require no documentation. However, the use of ideas or phrases that are clearly original with another author requires that the appropriate credit be given to the original author. Plagiarism undermines that basic relationship of trust that must exist between teacher and student and among students for the educational process to work. For this reason, penalties for plagiarism range from failure on the assignment to expulsion from the College. For details about avoiding plagiarism, consult a Writing 101 style handbook manual or the library reference desk. 4. Assisting Cheating or Plagiarism – A student who knowingly assists another student in cheating or plagiarism is subject to the same rules and penalties. 5. Derived Work – Derived work is work containing material (even if modified) that has been previously submitted to fulfill the requirements of another course. Submission of derived work is allowed only with prior approval by the instructor, who may impose additional requirements (e.g. full disclosure in a citation). The penalties for unapproved submission of derived work range from failure on the assignment to expulsion from the College. 6. Student Conduct — Students are expected to conduct themselves respectfully and appropriately in the classroom setting. Actions or behaviors that annoy, disturb or otherwise prevent orderly conduct in the classroom may be subject to disciplinary action. 7. Class recording policy — Students must obtain prior written permission from the instructor before making any audio/videorecordings of a class. Unless this permission explicitly states otherwise, such recordings may not be shared with or distributed to others, and must be deleted/erased at the end of the semester. The penalties for unauthorized recording, sharing, distribution or retention may range up to expulsion from the College. Any student with a disability who requires class recordings as an accommodation must be approved by the Disability Support Services staff and must notify faculty by presenting his or her instructor notification form to be signed. Requirement Regarding Academic Integrity Tutorial and Exam Students are expected to observe at all times the highest ethical standards as members of this academic community. All newly matriculated Le Moyne students must take an Academic Integrity Tutorial and Exam during their first semester at Le Moyne. These students will be blocked from subsequent course registration until they have passed the exam. Appeals A student who wishes to exercise the right of appeal in these matters may request the academic vice president to convene a review board, whose authority is limited to investigating and determining the facts. This board will be convened only if a student alleges that the facts of the case are in question. Board membership will consist of three faculty members and one non-voting faculty member to serve as chair. These members will be appointed by the president of the Faculty Senate. In addition, at the student's request, two students may be appointed as nonvoting members of the board by the president of the Student Senate in consultation with the chair of the Academic Affairs Committee of that body. Aiding, Abetting or Complicity Helping or encouraging another person to engage in violations of College policies and procedures constitutes aiding and abetting. Witnessing policy and procedure violations and failing to report such inappropriate behavior constitutes complicity. Any such occurrences are subject to disciplinary action. Alcohol and Other Drugs Preface As an institution of higher education in the Jesuit tradition, Le Moyne College is dedicated to excellence, the pursuit of knowledge and the education of responsible men and women. Therefore, it is appropriate that the College establish policies that reflect institutional values and aid in the promotion of a healthy Le Moyne community. Part of the College's mission is to prepare students to make sound decisions affecting both their personal lives as well as social policy, and to fashion values for living in a dynamic and complex world. The College urges all students to act in good judgment and seek help immediately if needed for oneself or a friend. Although this does not absolve any student from the consequences of breaking College policy, seeking assistance may be looked on favorably in the student conduct process. Consistent with this mission, the College hereby adopts and publishes the alcohol and other drugs policies intended to promote the responsible and legal use of alcoholic beverages and to educate students on the liability of persons who use, serve or make alcoholic beverages/other drugs available. All students and their guests are expected to abide by the policies stated here. General Policy Regarding Alcohol Possession or consumption of alcohol by any person less than 21 years of age on the Le Moyne College campus is a violation of New York State law. Any student under 21 years of age who misrepresents her/his age in an effort to obtain alcohol is in violation of the law. Le Moyne College is subject to the same local and state laws that govern all citizens, including those concerning the possession, use, sale and distribution of alcohol. Acts that violate these laws are in direct conflict with College regulations. Therefore, any member of the Le Moyne community engaging in such illegal action will be subject to disciplinary sanctions up to and including dismissal from the College. Furthermore, individuals cannot and will not be protected by the College from legal charges brought against them as a result of their actions. The guidelines and sanctions included in the College's alcohol policy will be subject to change or revision should they prove to be unresponsive to the intentions and/or interpretations of New York state law. Specific Provisions 1. The College states unequivocally its position that social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. Students are reminded that it is their responsibility to be sober at all times. The College further states that it will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the College, pose a threat to themselves, and make life unpleasant for those with whom they live. Any student found in an intoxicated condition will be subject to appropriate sanctions. A judgment as to whether or not a student is intoxicated may be made on the basis of the following factors related to the use of alcohol including, but not limited to: Whether a student is: • unable to walk without assistance • speaking incoherently • unconscious • vomiting • emitting a strong odor of alcohol • has bloodshot or glassy eyes • behaving in a loud and/or disorderly manner 2. Open containers of alcoholic beverages or the consumption of alcohol in any public area on campus (i.e., lounges, corridors, outdoors, etc.) is prohibited, except for functions approved by the vice president for student development. 3. Kegs, funnels, "beer pong" tables and any items that provide common access to alcohol or promote the excessive consumption of alcohol are prohibited and will be confiscated. Policies Governing Underage Students In accordance with the provisions of local and state laws governing the possession, purchase, sale, distribution and consumption of alcoholic beverages, the College states that: 1. Students under the age of 21 may not buy, possess or consume alcoholic beverages. This includes the possession of empty alcoholic containers. 2. No person may sell, deliver or provide any alcoholic beverage to a student under the age of 21. 3. If any underage person is observed by a staff member to be in possession of alcohol and/or empty alcoholic containers, the alcohol/containers will be confiscated. Students found to be in violation of the above policies will be subject to student conduct action. Policies Governing the Consumption of Alcoholic Beverages by Students 21 Years of Age and Over 1. Students 21 years of age or older may possess and consume alcohol in the privacy of rooms, suites, or apartments in single serving containers only. 2. Students of legal age are prohibited from providing alcohol to underage individuals. Students found to be in violation of either of these policies will be subject to student conduct action. Policies Governing Special College-Sponsored Events Where Alcohol is Served On occasion, Le Moyne College or a department or organization within Le Moyne College may host events at which alcoholic beverages are served. Organizations sponsoring such gatherings must comply with the following regulations. 1. In order to consume alcohol at a College-sponsored event, a student must be of legal age. In determining a student's legal status, the College shall use only official College records. Upon verification of a student's legal status, the appropriate documentation, i.e. wristbands, stamps, etc., will be issued. 2. Any College-sponsored events (including forums, receptions etc) serving alcohol must be catered by the College's dining service or an outside caterer insured for liquor liability, and with a contract to indemnify Le Moyne College. 3. Neither student activity fees nor College funds shall be used to subsidize or defray the cost of alcohol at student events. 4. College clubs and organizations will not be permitted to serve alcohol at their meetings, parties or receptions. Organizations in violation of this policy are subject to disciplinary action including dissolution of the organization, disciplinary action against members of the organization and loss of funding. 5. Alcohol is not to be served in course-related events where underage students are members of the class. 6. LSPB and other groups can make arrangements for the College's dining service to provide alcohol at certain events. The determination of such events shall be made in consultation with the vice president for student development. The decision to allow, or not to allow, alcohol to be served will be based on such factors as the nature of the event, the event's importance as an activity, and the number and age of students expected to attend. 7. Since it is the general gathering place for students of all classes, the James Com¬mons, in the north wing of the College's campus center, will not allow individuals to bring alcohol onto the premises at any time. However, for certain functions, alcohol may be served by the College's dining service to students over the age of 21. On these occasions, students will be required to present proof of age before being served. General Guidelines for Alcohol-Related Violations The following represents general guidelines that are used by the assistant dean for stu¬dent development or designee when determining sanctions for alcohol-related misconduct. The list below is not exclusive, nor does it represent the maximum or minimum action that may be taken to address particular conduct. Possession or consumption of alcohol First Offense • Formal warning • Alcohol education or educational activity (at the discretion of the hearing officer) • Letter to parents/guardian (at the discretion of the hearing officer) Second Offense • $75 fine • Formal warning • Alcohol education • Letter to parents/guardian Third Offense • $150 fine • Disciplinary probation • Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling) • Letter to parents/guardian Fourth Offense • $300 fine • Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions • Disciplinary probation and/or College suspension • Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling) • Meeting with student and parents/guardian Additional offenses will jeopardize a student's status at the College Illegal or unauthorized distribution of alcohol to underage students First Offense • $150 fine • Formal warning or disciplinary probation • Alcohol education and/or educational activity • Community service • Letter to parents/guardians Second Offense • $300 fine • Disciplinary probation and/or College suspension • Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions • Community Service • Letter to parents/guardians Additional offenses will jeopardize a student's status at the College. Alcohol impairment/abusive use violations (e.g., driving under the influence of alcohol, disruptive or violent behavior, drunkenness, or intoxication) First Offense • $150 fine (maximum) • Formal warning or disciplinary probation • Alcohol education and/or educational activity • Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling) • Community service • Letter to parents/guardians Second Offense • $300 fine • Disciplinary probation and/or College suspension • Reassignment of or removal from campus housing • Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions • Alcohol evaluation • Community service • Meeting with student and parent/guardians Additional offenses will jeopardize a student's status at the College Possession or use of a keg or other large, common source of alcohol First Offense • $150 fine • Formal warning or disciplinary probation • Alcohol education and/or educational activity • Community service • Letter to parents/guardians Second Offense • $300 fine • Disciplinary probation and/or College suspension • Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions • Community service • Meeting with student and parent/guardians Additional offenses will jeopardize a student's status at the College. Assault, Threat of Harm, and Fighting Assault (such as a physical attack against another person) and the threat of harm (with or without actual physical contact) are serious offenses that may result in a student's dismissal or expulsion from the College. Fighting occurs when two or more students are engaged in physical attempts to harm each other. While a student may not have instigated an altercation, a student is responsible for fighting when going beyond any force necessary to avoid harm and aggressively attempting to harm the instigator. A student found responsible for fighting may be subject to dismissal or expulsion from the College. Communication Etiquette Students are expected to be respectful of College faculty, administration, staff and their peers. Any form of inappropriate communication, gesture or action (including but not limited to pushing, intimidating/threatening words, bullying) is prohibited and will result in disciplinary action Computer Use Policy Students should be aware of the following policies as they apply to their use of these resources: • Le Moyne College assigns computing accounts to all members of the College community for exclusive use by the assignee. • Users are responsible for protecting the security of their accounts and the information accessible by these accounts and are not permitted to share account information with other parties without exclusive permission of the chief information officer or his/her designee. Those who allow others to use their account, either intentionally or accidentally, are held fully accountable. • Fraudulent or unauthorized use of College or external computing systems is strictly prohibited. Enforcement of Policies All users are responsible for understanding and abiding by the pol¬cies and principles defined below. The Office of Information Technology may deny access to any or all College computing services, without prior notice, to persons discovered in violation of these policies and principles. Student violations of computer policies and principles may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate. Requirements for Student Computers Attached to the College Network Malicious software (including viruses, worms, trojans, adware, spyware and bots) continues to pose significant risks to individual's personal data, campus information services and the campus computing environment. The following requirements are designed to reduce the risks of malicious software within the College community. 1. All members of the Le Moyne College community who use either personally owned or College-owned computers shall install and maintain College-provided antivirus, anti-spyware, personal/desktop firewall and patch management software on their personal computer(s). 2. Users shall verify that their personal computers utilize the latest versions of antivirus, anti-spyware, desktop firewall software and security updates at least weekly. 3. IT may disable the network and email accounts of users who fail to install and maintain required software. 4. IT may disable some or all IT services (including network/Internet access and network and email accounts) for a student, if IT determines or reasonably suspects that the student's actions or student's personal computer is a risk to the campus computing environment (e.g., spreading viruses, participating in a bot network, engaging in denial-of-service attack, engaging in network scans). 5. The College has developed a Web page to assist individuals who do not have the required software installed on their personal computers. The page provides access to the required software, in addition to installation and configuration documentation. It can be found at www.lemoyne.edu/IT under "Current Students." 6. IT may, at its discretion, help students repair their infected computers. IT reserves the right to charge for this service. As with all campus computing policies, failure to maintain the mandated software may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate. Ethics of Computer Use Le Moyne's computing systems and networks are a vital College resource. All users are expected to use computing services in a manner consistent with the academic mission and principles of the College: refrain from wasteful practices, respect the integrity of College and external computing systems, be considerate and respect the privacy of other users, access only explicitly authorized resources, and use accounts ethically. Le Moyne College considers it a most serious offense for any user to attempt to degrade the performance of the systems or networks of either the College or any external entity, to circumvent or attempt to circumvent security mechanisms of any computing system, or to deprive or attempt to deprive other users of access to computing resources. Abuse of Computer Privileges Abuse includes but is not limited to: using another person's computer account without the explicit permission of Information Technology; attempting to gain access to another person's account; tampering with the computing systems or networks, including both its equipment and programs; using the system for commercial purposes; inspecting, modifying or copying programs or data without authorization; sending abusive, obscene or otherwise harassing electronic communications; improper or inappropriate use of the campus or global network; and giving false or misleading information for any purpose associated with use of the College's computing resources. The College's software licensing agreements are generally for administrative, instructional and personal research uses only. Use of these resources for other purposes is considered theft of services. To protect the College's licensing agreements, such theft must be acted upon by the College and the companies involved. Individuals who are engaged in, or plan to engage in, outside activities (e.g., using the system for commercial applications or consulting projects) must contact IT immediately. (It may be possible to allow such activity through the collection of royalties.) Failure to notify IT of non-authorized uses of computing resources will result in prosecution as described in the "Enforcement of Policies" section above. Information Security and Privacy Information and data stored on systems connected to the College network and transiting the College network are considered confidential and private and shall not be examined by anyone other than the information owner, intended recipient, and other individuals to whom IT has expressly granted permission. Exceptions include but are not limited to: use of analysis tools to identify, detect and prevent system or network problems and abusive computing behavior, and manual or automated auditing of systems for inventory and usage tracking. Moreover, all or a portion of any user's files may be examined by a vice president, his or her designates and local, state and federal authorities to investigate claims of non-compliance with College policies or claims of unlawful action. Le Moyne College Student Email Policy Email is an official method for communication with students at Le Moyne College. These communications may include, but are not limited to, information about student courses, grades and accounts. Email delivers information in a convenient, timely, cost-effective and environmentally friendly fashion. This policy ensures that all students are aware of the importance of this communication method. Furthermore, it ensures that students can be contacted through a standardized channel by instructors and other College staff as needed. Expectations Regarding Student Use of Email Students are expected to check their Le Moyne College official email on a frequent and consistent basis to remain informed of College-related communications. The College recommends checking email daily. Instructor Policies and Educational Uses of Email Instructors may set policies defining how students use email in their courses. These policies may include requiring students to check their email on a defined frequency. Instructors may also require students to confirm their subscription to College-provided mail lists. Messages sent to College-provided aliases of official Le Moyne College student email addresses are also considered official communication. For example, messages sent via College provided class listservs, Web Advisor or BlackBoard that use the official Le Moyne College email address are considered official communications for all students enrolled in the class designated by the class listserv address. Appropriate Use of Student Email Email is not appropriate for transmitting sensitive or confidential information unless an appropriate level of security and access privileges are utilized. The Le Moyne College email system does provide an appropriate level of security and access privileges. All use of email will be consistent with other College policies, including the Le Moyne College Information Technology Polices described in the preceding section. All use of email will be consistent with local, state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA). Communications sent to a student's official Le Moyne College email address may include notification of College-related actions vis-à-vis the student, including disciplinary actions and fines; however, email shall not be the sole method for notification of any legal action. Procedures Changes to this policy will be authorized by approval of the executive officers of the College. Questions or comments about this policy should be directed to the acting director of information technology or e-mailed to Information Technology. Summary: Le Moyne College Student Email Policy The College routinely uses email for both formal an informal communication with students. The @stu.lemoyne.edu email address is the account used for College business and official College communications to students. Although students may maintain separate email accounts and addresses, students are expected to check their Le Moyne College account regularly for College communications, and are encouraged to use their Le Moyne College account for personal communication. Compliance with Requests or Directives Students are required to comply with reasonable requests, directives, or orders by authorized College personnel. Compliance includes, but is not limited to, reasonable requests for students to meet appointments in faculty, administrator, and staff offices, cooperativeness at conduct investigations and hearings, and properly identifying themselves upon request. Students who are found responsible for non-compliance will be subject to disciplinary action. Drug Policy As an academic institution, the College's goal is to alleviate the problem of illegal drug use, preferably in a manner that educates rather than punishes. However, Le Moyne College is subject to the same laws – local, state and federal – that govern all citizens, in¬cluding those concerning the use, sale, and possession of drugs. Illegal actions involving drugs are also in violation of College regulations. Therefore, any member of the College community engaging in such illegal action will be subject to disciplinary sanctions up to and including suspension and dismissal. Individuals cannot be protected by the College from the possible additional legal consequences of their acts. The issues surrounding drug use/abuse are complex. There are a large number of chemical agents that fit into the category of drugs. There has been varied evidence concerning the effects and dangers of drugs, especially the hallucinogenic variety. In any event, the College asserts strong disapproval of drug use for two compelling reasons: First, the major medical professions of the world have made it clear that many of the pharmaco¬logical agents that are commonly referred to as drugs and narcotics are detrimental to health, physiological or psychological. Second, drug use is expressly prohibited by state and federal statutes. The personal and legal risks for students are not to be taken lightly. Illicit drug use is a danger to the quality of an educational environment since it disrupts the community life of the students. It is with this concern for the emotional and physical health of students that Le Moyne states this policy on drug use. Le Moyne College prohibits the unlawful possession, use, sale or distribution of illicit drugs by its students, employees or guests on its property or as a part of any of its activities. The possession, use, sale or distribution of drug paraphernalia is also strictly forbidden. Such substances and/or objects will be permanently confiscated. This policy applies to all full-time and part-time students taking one or more classes; and to all full-time and part-time temporary employees, including faculty, administration, all exempt and non-exempt staff, student employees and interns and to all guests of the College. Students who violate this policy will be subject to disciplinary action by the College in accordance with the following guidelines: The possession of drug paraphernalia First Offense • Formal Warning • Drug education or educational activity • Letter to parents/guardians Second Offense • $100 fine • Formal Warning • Drug Education • Letter to parents/guardians Third Offense • $200 fine • Disciplinary Probation • Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling) • Parent/Guardian Notification Additional offenses will jeopardize a student's status at the College. The use or possession of any illicit drug for personal use First Offense • $150 fine • Formal Warning or disciplinary probation • Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling) • Community service • Letter to parents/guardians Second Offense • $300 fine • Disciplinary probation and/or College suspension • Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions • Community Service • Parent/Guardian Notification Additional offenses will jeopardize a student's status at the College. The sale, manufacture, or distribution of any illicit drug and/or the possession of any illicit drug in quantities large enough or packaged in a manner consistent with the resale of said drug as determined by College officials. First Offense • $300 fine • Removal from campus housing • Suspension for one academic semester • Possible expulsion Additional offenses will jeopardize a student's status at the College. As an institution of higher education receiving federal funds, Le Moyne College is required by the Drug-Free Schools and Communities Act of 1986, as amended by the Drug-Free Schools and Communities Act Amendments of 1989, to certify to the U.S. secretary of education that it has adopted and implemented a program to prevent the unlawful use, possession or distribution of illicit drugs and alcohol by students and employees. Accordingly, as part of its anti-drug and alcohol abuse program, Le Moyne College has adopted the following policies and regulations. Educational Resources Education of the whole person is a basic premise of Jesuit educational philosophy. In addition to an emphasis on intellectual, moral and spiritual development, Le Moyne College recognizes the development of a healthy lifestyle as a significant aspect of the College experience. Students are expected to make responsible decisions regarding the use of alcohol whether on or off campus. Students are also encouraged to take advantage of various campus resources that aim to educate students about health risks associated with drug and alcohol use/abuse and that support students as they deal with alcohol or drug-related issues. Resources available to Le Moyne Students include: 1. Campus Life and Leadership Staff Professional members of the campus life and leadership staff and resident advisors plan various educational programs in campus residence halls related to drug and alcohol education. Such programs may include speakers, films, small-group discussions or workshops. Residence life staff members also provide referral information to students in need of additional support or assistance. 2. The Wellness Center for Health and Counseling The staff at the Wellness Center for Health and Counseling consists of professionally certified counselors who provide counseling support for many needs, including support or referral for persons dealing with alcohol-related issues. Included on the center's staff is a professional counselor with expertise in alcohol and drug-related issues. This individual provides consultation and training to the campus life and leadership staff on a regular basis and is available as a resource to all members of the Le Moyne community. 3. Prevention Network Information and Education: 315-471-1359 Le Moyne College recognizes that education alone may not be sufficient to address an individual's actual or suspected abuse of alcohol or drugs. For that reason, in addition to a student fulfilling his or her sanctions and participating in educational activities, the College may also require that a student participate and maintain involvement in manda¬tory evaluation and counseling programs, and if necessary, obtain appropriate medical treatment for alcohol or drug abuse. The College understands that alcohol/drug abuse may have underlying causes and looks to offer all of its students the appropriate resources in order to facilitate a healthy and positive higher education experience. Applicable Alcohol and Drug Laws The selling of illicit drugs is a criminal offense punishable by a fine or imprisonment, de¬pending on the specific offense and factors such as prior convictions for similar offenses. Driving while intoxicated is against the law and can result in driver license revocation or even imprisonment in some cases. It is less well known that under New York state law, an individual under the age of 21 could be arrested for purchasing or even attempting to purchase alcohol. It also is a crime in New York state to knowingly allow marijuana to be grown without destroying it. The following is a brief overview of local, state and federal laws governing the possession, use and distribution of illicit drugs and alcohol. This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to indicate the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct. Open Container Law The city of Syracuse, like many other cities, towns and villages, has an ordinance prohibiting the consumption of or possession of an open container with the intent to consume an alcoholic beverage in any public place or on private property without the owner's permission. Such permission for all College property must be specifically requested and granted in writing by an authorized official. Violations of the ordinance are punishable by a fine of up to $150 and/or imprisonment for up to 15 days. DeWitt Town Code No person shall drink liquor, wine, beer or other alcoholic beverage from any open bottle or container containing liquor, wine, beer or other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park or similar public place, or on private property without invitation or permission of the owner of such property, in that portion of the town of DeWitt, Onondaga County, N.Y., lying outside the incorporated limits of the Village of East Syracuse, not licensed to serve or disperse said alcoholic beverages by the State Liquor Authority pursuant to the Alcoholic Beverage Control Law of the state of New York. Any conviction of any person for the violation of any of the provisions of this chapter will constitute an offense punishable by a fine of not to exceed $100 or a sentence to a maximum term of imprisonment for a period of five days, or by other such fine and imprisonment. New York Alcoholic Beverage Control Law All states prohibit persons from selling or giving any alcoholic beverage to a minor (defined in New York state as under 21 for purpose of the Alcoholic Beverage Control Law) or to a person who is already intoxicated. It is also an offense in New York state, punishable by a fine of up to $200 and/or imprisonment for up to five days, to misrepresent the age of a minor for the purpose of inducing the sale of an alcoholic beverage. Any minor who uses false identification or the identification of another person to purchase an alco¬holic beverage can be convicted and fined up to $100 and/or sentenced to probation for up to one year. In addition, a minor can be arrested and fined up to $50 for possessing an alcoholic beverage with the intent to consume it. New York Vehicle and Traffic Law In New York state, it is a misdemeanor, punishable by a fine of at least $350 and/or imprisonment for up to one year (as well as suspension and/or revocation of your driver license), to operate a motor vehicle with a blood-alcohol content of .08 percent or higher. Multiple convictions can result in more serious penalties. For example, a second DWI conviction in 10 years is a felony punishable by up to four years in a state penitentiary. The rules and penalties for drinking and driving also apply to driving a motor vehicle while a person's ability is impaired by the use of a drug. New York Public Health Law It is a violation of the Public Health Law in New York state for a person to sell or possess a hypodermic needle without a doctor's written prescription, to grow marijuana or knowingly allow it to be grown without destroying it (Class A misdemeanor punishable by up to one year in a local penitentiary), and to manufacture, sell or possess with intent to sell an imitation controlled substance (Class A misdemeanor; second offense in five years is a Class E felony punishable by a minimum of one year and maximum of four years in state prison). It is also a violation to inhale any glue that releases toxic vapors or fumes. Any person who sells glue for this purpose is guilty of a Class A misdemeanor. The Public Health Law also provides that any private vehicle, boat or plane that has been or is being used to transport a controlled substance can be seized by the police and forfeited under the law. New York Penal Law Most crimes involving the unlawful possession and distribution of drugs are defined under the New York state law. The Penal Law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life. Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances. A person with no previous drug or marijuana convictions in three years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even one gram of a controlled narcotic substance can result in imprisonment for up to one year. The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute. For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison. A person who is convicted of the sale of more than two ounces of a controlled narcotic substance in New York state can be sentenced to a term of imprisonment for life. Of course, the Penal Law provides for a variety of sanctions depending on the offense. Persons convicted of a drug offense in New York state may be sentenced to any one of the following: a conditional discharge that may include any amount or type of community service that the sentencing court deems appropriate, probation, shock probation, which is a combination of jail time and probation (60 days plus up to three years probation for a misdemeanor; six months plus up to five years probation for a felony); intermittent imprisonment, which may include weekends and/or work Saturdays; or straight jail time. Federal Law Federal drug laws parallel New York state drug laws in many respects. For example, it is a federal offense to manufacture, distribute or possess with intent to distribute a controlled substance or a counterfeit controlled substance. As under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities. Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21. An important sanction under federal law is that persons convicted of any federal or state offense involving possession of a controlled substance are ineligible to receive any federal benefits (e.g., social security, student loans) for up to one year. If the offense involves distribution of a controlled substance, the guilty person could be ineligible for any or all federal benefits for up to five years. There are both federal laws and New York state laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges. For example, federal law provides that a drug offense committed within 1,000 feet of school property, including universities, is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property. The extent of drinking and drug use on campus varies widely, and many college students do not abuse alcohol or drugs. Nevertheless, alcohol and drugs are part of many college environments, and when coupled with other risky behaviors, can be problematic for students. Students with questions about or problems with alcohol and/or drugs are encouraged to contact the Wellness Center for Health and Counseling. Dishonesty/False Information Students are prohibited from giving false information in any College proceeding or meeting or knowingly give false information to any College official. Students may not possess false information (including but not limited to fake IDs). The falsification of records is prohibited. In addition, the creation, manufacturing and/or distribution of false identification is prohibited. Dining Hall Failure to abide by dining regulations, including, but not limited to, engaging in food fights, other disruptive or disrespectful behavior, removal of food or utensils, or unauthorized entrance to the dining hall will result in disciplinary action. Dining privileges suspended or revoked for disciplinary reasons are not eligible for a refund. Disorderly or Disruptive Conduct Students who are disruptive to the life of the College, disregard the rights of others, or are disrespectful of the community will be subject to disciplinary action. Firearms, Weapons, Fireworks and Chemicals Firearms and/or weapons (air guns, pistols, mace, switchblades or butterfly knives, bows and arrows, etc.) are not allowed in Le Moyne residences or on campus at any time. Having any of these items is in violation of New York state penal laws as they pertain to colleges. The possession or use of explosives of any kind, including fireworks, firecrackers and cherry bombs or dangerous chemicals, is prohibited. If a student is found in possession of a firearm or other weapon or explosives, it is sufficient cause for disciplinary action. Fire and Safety Regulations It is essential that all students become familiar with the stairways and all exit doors from the residence halls. The location of fire extinguishers should be carefully noted. In the event that a fire is noticed anywhere on campus, the fire alarm should be pulled, then the security office (4444) should be called immediately and given the exact location of the fire. The dispatcher will contact the appropriate fire department. Meetings will be held during the academic year at which fire drill procedures will be explained. Failure to exit a building during a fire alarm is a violation of New York state law. Disciplinary action and a fire safety fine up to $50 may be imposed for failure to respond to a fire alarm. Any student found to have falsely initiated a fire alarm will be subject to strict disciplinary sanctions. The deliberate setting of a fire is a very serious offense and may result in removal from housing and/or dismissal from the College. Gambling Gambling is strictly prohibited on the Le Moyne campus. The promotion of gambling activity in College premises is subject to suspension or dismissal from Le Moyne College. Gambling can lead to significant problems and even addiction. Signs of problem gambling include gambling alone, minimizing and concealing the extent of gambling, or arguing with family members about financial difficulties. Help is available for problem gambling. Treatment options may involve a combination of individual/group therapy, family therapy, financial recovery counseling, and/or psychiatric medications. Sufferers can reduce the role of gambling in their lives and learn to cope with their problems more productively. Students with questions about or problems with gambling are encouraged to contact the Wellness Center for Health and Counseling. Hate, Bias and Bullying Policy I. Introduction In accordance with its Jesuit and Catholic mission, Le Moyne College welcomes and respects the fundamental dignity of students, faculty and staff from all backgrounds and identities, strives to create a community that does the same, and facilitates the education and development of students as men and women for and with others. Bias-related incidents, hate crimes, and bullying in all forms are unacceptable and antithetical to these goals as they send a powerful message of intolerance and discrimination, disrupt the community and educational environment and erode standards of civility. Le Moyne College does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, veteran's status, political ideology, religion, national or ethnic origin, age, disability or social class as well as other identities that can be targeted in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs, athletic and other school-administered programs. As the College is committed to maintaining an environment in which the dignity and worth of each member of its community is respected, it will not tolerate harassment of its members by students, faculty, staff, guests or visitors. The College also does not tolerate any actual or attempted reprisals or retaliation against any employee or student who raises a sincere and valid concern regarding harassment or discrimination. All such discrimination, harassment, and/or retaliation are, therefore, strictly prohibited. Anyone engaging in the above mentioned conduct is subject to disciplinary action as described herein. In accordance with Section 6436 of the New York State Education Law, and in order to inform the Le Moyne community about bias related crime prevention and reporting procedures, the College provides a series of presentations on student safety and residence hall security. In addition, security procedures and the availability of counseling and support services are discussed with incoming students and their parents or guardians at New Student Orientation. In addition, key staff members in campus life and leadership, security, counseling, and student development are trained to respond to hate crimes, bias-related incidents, bullying and other crimes on campus. II. Use of Policy This policy applies to conduct that occurs on any part of Le Moyne's campus or property. It also applies when students travel off-campus as part of a College's activity, team, organization or event. Additionally, Le Moyne has the discretion to discipline student behavior that occurs through the Internet, via mobile phones, and any other digital communication technologies. The College also reserves the right to address hate crimes, bias related incidents/crimes or bullying that occurs off campus or during a time when the College is not in session. Campus Security will investigate complaints, and the College will determine the appropriate action to be taken, which may include contacting local law enforcement. Campus Security may be contacted at 315-445-4444. Complaints Against Students This policy applies in those instances when a community member (faculty, staff or student, including a guest of another student, an alumnus or alumna, or a visitor to the campus) feels they have been a victim of bias behavior or harassment by a Le Moyne College student. Complaints Against Faculty or Staff This policy applies if a community member wishes to bring forward a complaint of bias behavior or harassment against a faculty or staff member. Complaints Against Visitors or Non-Community Members This policy applies if a student wishes to bring forward a complaint of bias behavior or harassment against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another College's team, a local resident, etc). III. Definitions Whether a particular act is considered a hate crime, bias related incident/crime or bullying lies in the point of view of the person(s) in which the acts were directed towards. In making these determinations, the Division of Student Development will consider whether the behavior impacts the campus environment and the educational experience of the student targeted. Hate Crimes Hate crimes are conduct, such as threats of violence, property damage, personal injury and other illegal conduct (Refer to New York State Penal Law Section 485), which are motivated and/or accompanied by bias. New York State Penal Law Section 485, also known as the "Hate Crimes Act of 2000," sets forth the definition of a hate crime. Specifically, a person commits a hate or bias-related crime when he or she commits a specified offense and either: intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of that person, regardless of whether the belief or perception is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct. Bias-Related Incident/Crimes The College defines a bias-related incident as behavior that constitutes an expression of hostility against the person or property of another because of the targeted person's race, religion, sexual orientation, ethnicity, national origin, gender, age or disability. Bias-related incidents include, but are not limited to, non-threatening name calling and using degrading language or slurs that are directed toward a person because of his or her membership or perceived membership in a protected class and that create a hostile environment for that person. New York State Penal Law Section 485, also known as the "Hate Crimes Act of 2000," sets forth the definition of a bias-related crime. Specifically, a person commits a hate or bias-related crime when he or she commits a specified offense and either: intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of that person, regardless of whether the belief or perception is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct. Bullying Bullying is defined as repeated, unreasonable, or unwanted actions of a person or group of persons directed towards another person or group of persons, which are intended to hurt a person physically or emotionally, intimidate, degrade, humiliate, and/or undermine an individual. Bullying can include covert and/or overt actions and take on many forms including, but not limited to, verbal behavior (such as teasing, threats, name-calling), social actions (such as spreading rumors, excluding individuals, posting inappropriate messages, vandalism), and physical acts (such as hitting, punching, shoving). IV. Reporting A. Initiating a Complaint Individuals who would like to initiate a formal complaint are encouraged to report hate crimes, bias-related incidents/crimes and bullying to Campus Security. Incidents that place an individual and/or the community at risk of physical or emotional harm warrant the direct and immediate involvement of College staff. Incidents that involve physical violence or the threat of physical violence should be addressed with the assistance of a college staff person, Assistant Dean for Student Development, Campus Security, or the Dewitt or Syracuse Police Departments. It is the policy of Le Moyne College Campus Security to contact all relevant local or federal law enforcement agencies in all cases where crimes may have taken place. These agencies will make their own independent determinations of how to proceed with investigations and/or referrals for prosecution. The decisions of the relevant law enforcement agencies should not be viewed as a replacement for Le Moyne College's procedures under its Community Standards. Students may face penalties under the Community Standards, regardless of the outcome of any criminal investigation by public official. All students of Le Moyne College should also be aware of their rights, responsibilities, and duties under local law. New York State law provides enhanced penalties for certain crimes in which bias plays a role. Students are encouraged to advocate for themselves with the assistance of College staff members. B. Timeframe for Making a Complaint There is no time limit for bringing forward a complaint against a current student, faculty, or staff member. However the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate or mediate. Therefore, individuals are encouraged to make a complaint as soon as possible after the incident has occurred. V. Confidentiality Le Moyne understands that an individual who has been the victim of a hate crime, bias-related incident or bullying may wish to talk about the incident with the assurance that the discussion will be confidential. There are several support resources that students may utilize on a confidential basis. These include Wellness Center for Health and Counseling staff members and members of the Jesuit community. Individuals are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources may not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. An individual who wants emotional support only should contact the confidential counseling resources listed above. An individual wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described above. The College endeavors to respect and follow the wishes of an individual who brings forward a hate, bias-related or bullying concern. However, individuals should understand that Le Moyne may have ethical and legal obligations to investigate, attempt to resolve or adjudicate such incidents that come to its attention. Therefore, depending on the circumstances, it may not always be possible for a conversation with Campus Security personnel, the Division of Student Development, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action. A. Reporting to the Community Le Moyne College publishes crime statistics annually, including bias-related conduct, in compliance with the Jeanne Cleary Disclosure of Campus Security Policy and Crime Statistics Act. A copy may be acquired by contacting Campus Security and is also published online on their web site annually. Further, as required by the Act, the College provides timely warnings to the campus community of certain crimes if they represent a threat to students and employees. VI. Conduct Process In the case of a complaint being filed involving students, guests and/or non-community members, relative to a hate crime, bias related incident/crime or a case of bullying, an investigation of the incident will be conducted by Campus Security and/or the Assistant Dean of Student Development so that appropriate action may be taken. As per the Student Conduct Process, complaints may be handled through educational conferences, a Student Conduct Formal Hearing Board or mediation. When an incident involves a College employee as a perpetrator or a victim, the office of Human Resources will be notified and will participate in the investigation with other appropriate College officials. Internal proceedings do not supersede, and will not interfere with, an individual's right to pursue other legal remedies, including criminal prosecution. Campus Security maintains a cooperative relationship with local police precincts and will assist any victim in every possible way through the process of reporting, investigation, and resolution of any criminal proceedings. Anyone who believes they may be a victim of hate crimes, bias-related incidents/crimes and/or bullying is also encouraged to utilize the services provided by the Wellness Center for Health and Counseling and Campus Ministry. Hazing 1. The College prohibits any action or situation involving physical or mental abuse, such as harassment; intimidation or hazing*; the forced consumption of liquor, drugs or any other liquid or solid substance for the purpose of initiation into or affiliation with any organization; or other conduct that recklessly or intentionally endangers or threatens the health, safety or welfare of any person on College-owned or operated property or at College-sponsored activities. This applies to all members and organizations of the College community as well as visitors and licensees. * Hazing is defined as subjecting a person to treatment intended to put him/her in a humiliating or disconcerting position. 2. This supplement to College Policy for the Maintenance of Public Order is deemed part of the bylaws of all organizations operating on College-owned or operated property and shall be renewed annually. 3. Violations of this rule will be handled as follows: a. Violations by organizations will be heard by the assistant dean for student development and may result in an organization being prohibited from campus, placed on probation, suspended and/or ineligible to operate on College-owned or operated property. b. If, in the judgment of the assistant dean for student development, individual members of an organization have violated this policy, he or she shall refer the individual(s) to a conduct hearing for action. In such cases, established procedures for adjudicating violations of College policy shall be followed. c. Any action taken by the College shall be in addition to any penalty pursuant to the penal law. Appeals may be submitted in writing to the vice president for student development. Health Insurance Policy The College requires every full-time undergraduate student to maintain and provide proof of adequate health and accident insurance coverage. The College will bill the student for health insurance coverage; if other coverage is in place, the insurance fee can be waived online. The College strongly advises all students and/or families to discuss procedures to be followed with their health maintenance or managed-care provider when they are out of their local service area. Students should have their insurance card in their possession at all times. Immunization Record Policy In compliance with New York state law, all students, full- or part-time, must complete the Meningitis Response Form and submit it to Health Services. In addition, those born after 1956 must present adequate proof of immunity to measles, mumps, and rubella. Registration will be delayed or denied until these records are approved and on file in the health office. Indecent Conduct Students found responsible for lewd or offensive behavior will be subject to disciplinary action. Internet Communications The Internet provides new and increasingly diverse ways for students to become involved, engaged, and connected as members of the College community. Communications on sites such as Facebook, MySpace, YouTube, etc., are not specifically monitored by Le Moyne College officials, but may be brought to the attention of and considered by the Office of Student Development or its designees when it appears that such communications constitute possible violations of the code of conduct, particularly those policies relating to harassment or discrimination. Messages between individuals, including e-mails, instant messengers, text messaging, and Facebook or MySpace messages may also be considered in the conduct process. Students should be aware that the Internet is considered a public forum and information posted there can be viewed by anyone. Library Use Policies The library serves both the College community and members of the greater community. As such, there are a number of important policies that help keep resources and services available to it's patrons. For more information on the Library and these policies please refer to the library's website. Loan Periods for Books All circulation transactions require a current Le Moyne ID. Undergraduate students may check out books for a period of three weeks, with one additional three-week renewal, unless the book is overdue or someone else is waiting for it. Junior and senior integral honors students, as well as graduate students, may check out books for one semester, with one renewal. For these students, books are due on the last day of classes. Renewals for Books Books may be renewed for one additional loan period either in person (with or without the books), by phone (x4325), or online by logging into My Account in the library online catalog. Books may only be renewed once, and then must be returned for at least one day to give others a chance to use them. Loan Periods for Audiovisual Materials Films and audio materials may be checked out for five days, with one renewal. Only Le Moyne College students, staff and faculty may check out these materials. A $5 fine per video will be assessed once it is more than one day overdue. Materials on reserve must be used in the library. Overdue Materials Overdue notices are sent to Le Moyne email accounts. Policies vary by patron and material type. For a full explanation, please see the library's web page under "Policies". Once materials are eight days overdue, they cannot be renewed, but must be returned to the library, and can be checked out again the following day. If books are not returned within seven days of the due date, fines will be levied and circulation privileges are suspended. Overdue materials and fines are sent to the bursar's office before the end of the semester. Students who have not registered for the following semester must return materials on the last day of classes, and after that date will not be able to check out materials until they are registered again. If former students, including alumni, wish to borrow materials from the library, they may do so by filling out a form and becoming a special patron. Policies for this group of patrons differ from those of students, faculty, and staff, and may be found on the library Web page. Patron Conduct All patrons must adhere to the Patron Code of Conduct, which can be found on the library's website, www.lemoyne.edu/library. In respect for the rights of others, patrons should remember the following principles when using the facility and materials: 1. The library's collections exist primarily to serve students. Prompt return of materials borrowed helps to ensure that as many students as possible will be able to use these collections. 2. The library strictly enforces New York State law [N.Y. Civ. Prac. Law, Section 4509 (Consol. 1982)] maintaining the confidentiality of circulation records and non-disclosure of a borrower's name without consent of the borrower. 3. The first floor of the library is designed for computing and collaborative work while much of the second floor is designated as a quiet study area. Patrons should behave accordingly in these two separate zones. 4. Photocopiers and scanners are available for patrons to copy information in non-circulating materials such as periodicals, reference books, and course reserves. Patrons should keep in mind the regulations that delineate fair-use photocopying of copyrighted materials. These regulations are posted at the photocopiers. 5. To prevent damage to the library's collections and furnishings, care should be taken when eating and drinking. Please dispose of your containers in the garbage receptacles located around the library. 6. The use of tobacco products is not allowed in the building. 7. Patrons should exit through the security gate at the library's main exit. The library reserves the right to inspect belongings for library materials that have not been properly checked out. Individual cases of library theft or abuse of library property is referred to the student development office or the local police as appropriate Off-Campus Guidelines Community Relations and Off-Campus Conduct The Le Moyne College campus is surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior that should be demonstrated by Le Moyne students when they are present or reside in the local community. The College encourages its students to behave as exemplary citizens and to demonstrate respect and concern for all members of the local community. A. Be courteous to neighbors and community residents. B. Operate stereos and other electronic equipment at reasonable sound levels. Keep noise levels within apartments and on the street at reasonable levels. C. Respect the property of others and refrain from public urination. D. Maintain an orderly residence. The following are examples of a disorderly resi¬dence: using or selling drugs; violating alcohol laws; hosting parties where there is public drunkenness; excessive noise and/or other behavior which is in disregard of the surrounding community; violating the College's Sexual Harassment, Alcohol & Drug Policies or Student Conduct Code. E. In cases involving student misconduct off-campus, the College reserves the right to exercise its discretion in taking disciplinary action. If found responsible, students may be subject to the same sanctions imposed for on-campus violations. Off-Campus Incidents Involving Le Moyne College Students Le Moyne College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community and the students who comprise it. The College reserves the right to investigate and subsequently take action for behavior of Le Moyne students in off-campus situations when such behavior is believed to have an impact on the Le Moyne community. Examples are alleged instances of criminal activity commencing on campus but relocated off campus; harassment of or assault on a member of the College community; criminal activity involving a student; violation(s) of city/town ordinances such as public intoxication; noise and vandalism and student conduct violations in organized group living situations or in College-owned housing. The decision to take action in such cases will be determined by the asst. dean for student development in consultation with appropriate College officials. Non-Discrimination and Harassment Policy Discrimination Le Moyne College does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, veteran's status, political ideology, religion, national or ethnic origin, age or disability in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs and athletic and other school-administered programs. As a Catholic and Jesuit institution, Le Moyne is dedicated not only to learning but also the development of sensitive and responsible persons. Because the College prepares individuals for participation in an increasingly diverse world and its institutions, the climate of the College life must be one in which academic freedom prevails along with respect for and tolerance of cultural, ethnic, racial and political differences, religious preferences, sexual orientation, variations in age, and people with disabilities. The College values and celebrates the diverse backgrounds, cultures, experiences, and perspectives of our community. Through the promotion and protection of diversity, the Le Moyne College community creates an environment where holistic development, academic excellence, and a commitment to the well being of others can flourish. The College is committed to maintaining a diverse and multicultural community in which the dignity and worth of each of its members is respected. The College strongly condemns any unlawful or wrongful discrimination against the rights of others. Harassment Le Moyne College is committed to a workplace and educational environment that is free of sexual and other unlawful harassment and where the dignity and worth of each of its members is respected. Sexual harassment is a type of discrimination prohibited by federal and state laws. Sexual or other unlawful harassment occurring in the course of any College activity is prohibited. Harassment on the basis of race, color, sex, sexual orientation, gender identity, marriage status, veteran's status, political ideology, religion, national or ethnic origin, age, or disability is a violation of College policy. The College defines harassment as verbal or physical conduct based on a person's race, color, sex, sexual orientation, gender identity, marital status, veteran's status, political ideology, religion, national or ethnic origin, age, or disability that is sufficiently severe, pervasive, persistent, or patently offensive that it has the purpose or effect of denying or limiting a student's ability to participate in or benefit from the educational program, or that creates an intimidating, hostile, or offensive working, educational, or living environment. Students with concerns about possible discriminatory treatment, harassment by another student, student group, or student organization are encouraged to contact Security (445-4444), Campus Life and Leadership (445-4520) or the Office of Student Conduct at 445-4525. The Office of Student Conduct will review options for addressing the situation. In cases of physical assault or destruction of property, individuals are also encouraged to immediately contact the Security Office at 445-4444. Overdosage Policy (Alcohol & Drugs) Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. For this reason, the following procedure has been enacted: Any student brought to Health Services in a stuporous or semiconscious state will be sent directly to the emergency room of a local hospital for more extensive medical evaluation. If the student's condition so warrants, an ambulance will be called for transportation. In cases where it is necessary to implement this procedure, the student(s) will be responsible for all related expenses. Physical Examination/Immunization Record Full-time Students, Transfer Students: A complete physical examination, medical history and immunization record is required of all full-time students, including transfers. Transfer students may submit a copy of their physical exam/immunization record from their previous college. A $100.00 fine may be placed on the bill for non-compliance; in addition, registration for classes may be delayed or denied. In addition, no student may participate in intercollegiate athletics until this form is on file. Right to Privacy No student shall install or use any device for listening to, observing, photographing, recording, amplifying, transmitting, or broadcasting sounds or events occurring in any place where the individual or group involved has a reasonable expectation of being free from unwanted surveillance, eavesdropping, recording, or observation, unless the student has first obtained the consent of all persons involved. Sexual Harassment and/or Sexual Misconduct I. Introduction As an institution of higher education with a longstanding Jesuit and Catholic tradition, Le Moyne College recognizes its obligation to promote an environment and collective attitude that encourages students, faculty, staff and administrators to serve others, participate in the life of the College, and act as responsible members of the community. Acts of sexual harassment or other sexual misconduct, including sexual assault, domestic violence, dating violence or stalking, undermine the dignity of individuals and the principles of equality and respect for others and are serious violations of our community standards. These acts do not just harm the individual; they harm the College community as a whole. As used in this policy, "sexual misconduct" is a term used to more conveniently refer to any form of sexual or gender-based harassment, non-consensual sexual activity, dating violence or domestic violence, or stalking. Sexual misconduct may occur between members of the same or opposite sex and in heterosexual and homosexual relationships. Le Moyne College does not condone or tolerate sexual misconduct. This policy aims to ensure that all members of the Le Moyne community can learn, live and work free from being subjected to sexual misconduct. All students are encouraged to read this policy and develop a clear understanding of what is and is not acceptable sexual behavior. This policy will outline clear procedures for reporting all categories of sexual misconduct perpetrated by a Le Moyne student and how they will be handled by Le Moyne's Community Standards and Conduct Procedures. In the event of any conflict between the standards and procedures of this Policy and those of the general Community Standards and Conduct Procedures, the standards and procedures of this policy will govern any case to which this policy applies. This policy outlines various categories of sexual misconduct to include: sexual harassment, non-consensual sexual activity, domestic violence, dating violence and stalking. Le Moyne College has a host of security, psychological, medical, administrative and student conduct services that are immediately available to students reporting sexual misconduct. Through these policies and procedures, Le Moyne College looks to achieve several goals: A campus climate which encourages prompt reporting of any type of sexual misconduct outlined in this policy. To provide prompt professional and support services to the complainant and the student accused of sexual misconduct. To provide a comprehensive system that informs the complainant and accused student of the rights and services available to them. To cultivate a campus community where instances of sexual misconduct are avoided through an ongoing campaign of education, training and mutual respect for each other. This policy protects the rights of both the complainant and accused student. The accused student shall be free from sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a potential danger to the immediate well-being of the College community or specific persons within the College community, appropriate interim measures (up to and including temporary suspension from the College and/or its residence halls) may be taken by the Vice President for Student Development or designee. In addition, accommodations such as a change in academic, living, transportation and/or working situations may be made to protect either or both of the parties and prevent retaliation. II. When to Use this Policy A. Complaints Against Students This policy applies in those instances when a student is accused of having engaged in sexual misconduct against any other person (regardless of whether the other person is a Le Moyne College Student). If a student is a victim of sexual misconduct by someone other than another student, then this policy does not apply, and the student should do the following: B. Complaints Against Faculty or Staff If a student wishes to bring forward a complaint of sexual misconduct against a faculty or staff member, the policy that applies in those situations is the Manual on Sexual Harassment and Nonconsensual Sexual Activity . The student should follow the procedures outlined in that policy. C. Complaints Against Visitors or Non-Community Members If a student wishes to bring forward a complaint of sexual misconduct against a visitor or other non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another College's team, a local resident), the complaint should be made to Campus Security at 315-445-4444 or local law enforcement by dialing 911). Such persons accused of sexual misconduct are not entitled to a College hearing of any kind. Campus Security will investigate complaints against such persons, and the College will determine the appropriate action to be taken, which may include contacting law enforcement. D. On Campus and Off-Campus Behavior This policy applies to conduct that occurs on any part of Le Moyne's campus or property. It also applies when students travel off-campus as part of a College activity, team, organization or event. Additionally, Le Moyne has the discretion to discipline student behavior that occurs elsewhere off-campus, and/or during a time when the College is not in session. In making these determinations, the Division of Student Development considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student lewd and/or threatening sexual emails while at home during the semester break). In understanding this aspect of Le Moyne's expectations for student behavior, it may be helpful to think of student status as "portable" and therefore operative even when students are not on Le Moyne's campus or property. E. Timeframe for Making a Complaint While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, persons who believe that they have been a victim of sexual misconduct are encouraged to make a complaint as soon as possible after an incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: a complaint against a former student is not subject to adjudication pursuant to this policy. Nevertheless, Le Moyne's officials will help the complainant to report the allegations to the appropriate off-campus authorities if desired, and the College will consider other appropriate responsive measures, such as banning the former student from returning to campus and providing the complainant with access to campus counseling, academic adjustments, and other support. III. Definitions of Sexual Harassment, Non-Consensual Sexual Activity, Domestic Violence, Dating Violence and Stalking Le Moyne College has defined several categories of sexual misconduct below, for which student sanctions may be imposed. Sexual misconduct of any nature is a serious violation of our student code of conduct and Le Moyne reserves the right to impose any sanctions outlined in the Community Standards and Conduct Procedures, including suspension or expulsion from the College. Also, students have the right to contact law enforcement for sexual misconduct at any level defined below. A. Sexual Harassment Federal and state laws prohibit sexual harassment. These laws include Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 and the New York State Human Rights Law. This policy prohibits conduct that would violate these laws. However, as a supportive and collegial community, Le Moyne also prohibits student behavior that sexually demeans or humiliates other community members as described below, even if the conduct does not violate the law. Sexual harassment refers to unwelcome sexual or gender-based conduct. When sexual harassment becomes so severe or pervasive as to interfere with an individual's ability to work, learn or participate in the College's programs, it is called a sexual or gender-based "hostile environment." Harassing conduct can occur in various forms, including physical, verbal, written, visual or electronic (e.g., emails, text messages, personal blogs, social networking site posts or other online activity) conduct that relates to sex, gender or sexual identity. A determination as to whether a hostile environment has been created depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying. Le Moyne reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of a hostile environment as defined by applicable law. Further, the College encourages students and others to report incidents that concern them even if the incidents are not particularly egregious, as early reporting assists the College to address and correct situations before they become so severe or pervasive as to create a hostile environment. Le Moyne also prohibits "quid pro quo" harassment. "Quid pro quo" (or "this for that") harassment occurs when a person in a position of authority or control links the receipt of some benefit (such as a grade, or the ability to join a group or participate in a program) to another's submission to unwelcome sexual advances or sexual conduct or requires the other to perform or submit to demeaning or degrading sex or sexually-charged acts. "Quid pro quo" harassment can be expressly stated, but it also can be implied by words, actions or the surrounding circumstances. The above definitions and explanations are provided for educational and illustrative purposes. A person reporting an incident of concern need not worry about which category of sexual misconduct applies to the situation or whether all elements of a particular definition of misconduct have been met. An individual reporting an incident of concern is expected only to relay the facts in good faith; College representatives trained in responding to sexual misconduct will assist the complainant in determining whether the incident may constitute a violation of this policy. Students should never feel pressured to engage in sexual relationships or activity of any kind with anyone, including another student or a Le Moyne College faculty or staff member. B. Non-Consensual Sexual Conduct Any sexual activity without mutual consent is prohibited. Violations of this policy shall include but not be limited to the following: Category 1 Non-Consensual Sexual Conduct Category 1 Non-Consensual Sexual Conduct includes any sexual penetration, regardless of how slight, with any type of body part or object (including but not limited to sexual intercourse) by one person upon another person without consent. Sexual penetration includes, but is not limited to, vaginal or anal penetration by a penis, finger, tongue or object, as well as oral copulation by mouth to genital contact or genital to mouth contact. Additionally, conduct that would otherwise constitute Category 2 or 3 Non-Consensual Sexual Conduct which involves any level of physical violence will be considered Category 1 Non-Consensual Sexual Conduct. Category 2 Non-Consensual Sexual Conduct Category 2 Non-Consensual Sexual Conduct is any intentional sexual touching, however slight, with any type of body part or object by one person upon another without consent. Sexual touching includes any contact, directly or through clothing, with the genitals, breasts, groin, mouth or buttocks of another individual, or any other bodily contact in a sexual manner. Sexual touching also includes causing another to touch one's intimate bodily areas, or disrobing another, without consent. Category 3 Non-Consensual Sexual Conduct (Sexual Exploitation) Category 3 Sexual Exploitation occurs when a person takes non-consensual sexual advantage of another for his/her own benefit or to benefit someone other than the individual being exploited, and that behavior does not otherwise constitute sexual harassment or Category 1 or Category 2 Non-Consensual Sexual Conduct as defined above. Examples of sexual exploitation include, but are not limited to: Sexual voyeurism (without consent or exceeding the bounds of consent watching another engage in private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity) Non-consensual video, photography or audio taping of private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity) Without consent of all involved or exceeding the bounds of such consent, allowing others to watch private or intimate activities (such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in consensual sexual activity) by means such as, but not limited to, hiding in a closest, using a webcam, distributing video, etc. Engaging in sexual activity with another while knowingly being infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) without informing the other person of the infection Acts of incest Prostitution or promoting prostitution Administering to another person without their knowledge or consent alcohol or drugs (to include "date rape" drugs). C. Domestic Violence, Dating Violence and Stalking Domestic violence means a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the complainant, a person with whom the complainant shares a child in common, a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the act occurs, or any other person against an adult or youth complainant who is protected from that person's acts under the domestic or family violence laws of that jurisdiction. Violence may include physical assault (hitting, pushing, kicking, shoving, etc.) and/or sexual abuse (unwanted or forced sexual activity). Dating violence means abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. Forms of abuse constituting dating violence can be physical, sexual, emotional and/or psychological. Dating violence does not include conduct constituting domestic violence as defined above. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person under similar circumstances and with similar identities to the complainant to fear for the person's safety or the safety of others, or suffer substantial emotional distress (that may, but does not necessarily, require medical or other professional treatment or counseling). Stalking includes, but is not limited to, repeatedly (i.e., on two or more occasions) engaging in: contact, face-to-face communication, telephone calls or messages, text messages, emails or letters to or about a person; the giving of unwanted gifts; threatening or obscene gestures; or surveillance, following, trespassing or vandalism. IV. Consent What is consent? Consent is permission. For the purposes of this policy, it is clear, given knowingly and voluntarily, either by actions or by words by someone capable of giving it. Silence or an absence of resistance does not constitute consent . It is the responsibility of all parties involved to make certain the other has consented to sexual activity. Consent to some sexual activity (i.e. kissing, fondling) cannot be presumed consent for other sexual activity (i.e. intercourse). A past relationship or prior consenting sexual activity does not constitute consent for future sexual activity. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Incapacitated persons cannot give consent. One who is incapacitated as a result of alcohol or drugs (voluntary or involuntary) or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving effective consent. A student who engages in sexual activity with another whom the student knows or should reasonably know is unable to give consent is in violation of this policy. A person will be considered incapacitated, and thus unable to give consent, if he or she cannot understand the details of a sexual interaction (who, what, when, where, how). A person who has been using alcohol or drugs is still responsible for any violation of this policy that he or she commits. This means that, even if the person was drunk or high and, as a result, did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy. Consent may be withdrawn by an individual at any time during sexual activity. This withdrawal of consent may be through words, actions or a combination of both, indicating that he or she no longer wants the activity to continue. When this occurs the other participant must cease immediately. Sexual activity as the result of coercion is non-consensual. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. In New York State, a minor (meaning a person under the age of 17 years old) cannot consent to sexual activity. This means that sexual contact with a person less than 17 years old is a crime as well as a violation of this policy even if the minor wanted to engage in the sexual act. If any person has any information that a minor has been subjected to sexual activity, it should be reported to Campus Security and/or the police immediately. V. Reporting Options Le Moyne College strongly encourages complainants and/or witnesses of sexual misconduct, outlined in Section IIIA, IIIB and IIIC above, to report these incidents. Retaliation and threats of retaliation or other attempts by a student to prevent the reporting of sexual misconduct outlined in this policy are also considered violations of this policy. Le Moyne College will take steps to prevent or address retaliation against any person making a complaint of sexual misconduct or cooperating with any investigation or adjudication of such a complaint. Students have options with respect to securing a College response to a sexual misconduct incident. These options include a report to College administration to pursue on campus procedures, a police report to pursue a criminal investigation, or a confidential report to the Wellness Center for Health and Counseling or a clergy member. These options are not mutually exclusive, and a student may take advantage of all of these options. Trained counseling center staff and/or a Title IX Coordinator may review all of the reporting options with the complainant. Students who are in immediate danger need to get to a safe place and contact Campus Security at 315-445-4444 or dial 911. Students in need of medical attention should call Campus Security at 315-445-4444 or dial 911. A. Report for a Response by the College A report to the College should be made whenever an individual wishes for the College to take some action in response to the situation. Incidents of sexual misconduct can be reported to the following Responsible Administrators: Ø Campus Security at 315-445-4444 Ø Wellness Center for Health and Counseling at 315-445-4195 Ø Campus Life and Leadership at 315-445-4520 Ø Student Development at 315-445-4525 or Ø Deputy Title IX Coordinator - Ann Bersani, Associate Director of Campus Life and Leadership, 315-445-4520 Ø Title IX Coordinator: Jack Matson, Associate Vice President of Human Resources, 315-445-4155 Ø Resident Advisor (RA). Students may report incidents of sexual misconduct to an RA. The RA will notify his or her supervisor and the appropriate College support services such as the Wellness Center for Health and Counseling office and/or Campus Life and Leadership. A person who has been subjected to sexual misconduct is strongly urged to contact one of the College personnel listed above. If a complaint is made to anyone other than the persons listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon. Once a report is made, the Responsible Administrator to whom the report is made will inform the Title IX Coordinator or his/her deputy. The complainant will be advised of his/her rights and the options moving forward. This will include an explanation of investigatory/disciplinary avenues, as well as other responsive measures, such as changes in academic, housing, transportation and work arrangements to minimize the complainant's contact with the respondent. Sometimes, a complainant reports an incident but does not want an investigation or disciplinary action to be taken by the College. The College endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct concern. However, it may or may not be possible for the College to honor a request to not investigate or initiate disciplinary action. If an individual makes a report but does not wish for there to be an investigation or any disciplinary action, the Title IX Coordinator will confer with appropriate administrators and decide whether the request can be honored. The College's decision will depend on the seriousness of the offense, whether the offense is alleged to have included a single or multiple accused parties, whether there is reason to believe that the accused has engaged in the reported conduct or similar conduct previously, whether the circumstances suggest an ongoing or future risk to the campus community or the complainant, and similar considerations. A decision will be made and shared with the person who brought forward the concern. Similarly, a complainant may desire to have investigatory and/or disciplinary action taken, but may wish to have his/her identity as the complainant kept confidential. Depending on the circumstances, this may or may not be possible. If any number of people could have reported the incident, it may be possible for the complainant's identity to remain confidential and not be shared with the respondent. However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the complainant. If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the College's ability to respond to the complaint may be limited. The appropriate administrators will discuss the situation and the complainant's request for confidentiality, and a decision will be made and shared with the complainant. Ultimately, the College retains the right to act upon any information that comes to its attention, other than a report to a confidential resource listed above. Therefore, if a person believes that he or she has been subjected to sexual misconduct and wants support but does not want the College to take further action (or is not yet certain whether he or she desires such action), he or she should utilize one of the confidential resources described below. A student may file an official incident report regarding an act of sexual misconduct 24 hours a day, 7 days a week with Campus Security located in the basement of Nelligan Hall, at 315-445-4444. The report will include the complainant's name, as well as the accused student if known. A preliminary investigation will be conducted by Campus Security. The Campus Security report will be forwarded to the Assistant Dean for Student Development and the Title IX Coordinator, who will follow the procedures outlined in this policy. Students reporting an incident of sexual misconduct will not be charged with minor misconduct (e.g., underage consumption of alcohol) that is ancillary to the sexual misconduct incident. B. Confidential Reports Le Moyne understands that a student who has experienced sexual misconduct may wish to talk about the incident with the assurance that the discussion will be confidential. The support resources that students may utilize on a confidential basis include the Wellness Center for Health and Counseling and our campus clergy. Students are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources does not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. A student wishing to have an incident investigated or adjudicated must make a complaint in accordance with the procedures described in this policy. C. Criminal Reports A person who has been the victim of sexual misconduct is encouraged to contact local law enforcement directly by dialing 911 or with the assistance of Campus Security at 315-445-4444. If requested, Campus Security will assist such a person in making a report to local law enforcement. Filing an official police report is different than filing a report with the College. When a person files a sexual misconduct report with local law enforcement a criminal investigation may be initiated and that investigation is often transferred to either the Syracuse Police Department or Onondaga County Sheriff's Office Abused Persons Unit for further investigation. Based on the criminal investigation a determination will be made as to whether the case will be prosecuted. The preservation of evidence is critical to the prosecution of a criminal case. If you have been the victim of a crime, vital evidence may be lost if you change your clothes, shower, brush your hair, or allow time to pass before your physical state is documented by the police or a doctor. Any person who has experienced sexual assault or an act of violence is encouraged to contact the law enforcement immediately for further instructions as to the preservation of evidence. A criminal investigation into allegations of sexual harassment and/or misconduct does not end the College's duty to investigate and resolve complaints promptly and equitably. In certain cases, Le Moyne College may wait to proceed with its own fact finding investigation and procedures under this policy until the police have completed their initial evidence gathering phase of their investigation. Le Moyne College will not defer its investigation and disciplinary processes thereafter (e.g., pending the completion of any civil or criminal case). VI. Investigation; Interim Actions Upon receipt of a complaint and a desire by the complainant to move forward, or a determination by the College to move forward in the absence of a participating complainant, Campus Security will conduct an investigation.[1] The College reserves the right to consult with legal counsel throughout the complaint resolution process and, in exceptional cases, to utilize external investigators. Investigation of complaints brought directly by those alleging harm will be completed as expeditiously as possible, ordinarily within 30 days.[2] Investigation may take longer when (among other things) the initial complaint fails to provide direct firsthand information or when the College is not in session. An investigation usually involves interviews of witnesses and reviewing relevant documentation. During the investigation, the complainant and the accused student will have an equal opportunity to share information and request that witnesses be interviewed. The complainant and accused student will not be interviewed together or be required to meet. The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant. At the conclusion of the investigation, the College will determine whether the complaint will be referred to the student conduct process. A referral to the student conduct process will occur where the allegations are not demonstrably false and, if true, would constitute a violation of this policy. The complainant and accused student will be informed in writing as to whether the complaint will be forwarded to the student conduct process, with a brief explanation of the basis for the determination. If the investigative determination is to not forward a complaint to a disciplinary process, there is no right to appeal. Regardless of whether a complaint is investigated or referred to the student conduct process, the College may offer other, non-disciplinary remedies available to the complainant, such as a change in academic, living, transportation, and/or working situations. VII. Student Conduct Process Le Moyne College may initiate disciplinary proceedings when a report is filed alleging Sexual Misconduct. In most cases, both the complainant and the accused student will meet separately with a member of the Division of Student Development and will be provided information pertaining to the rights students have when going through the student conduct process. Sexual Harassment and Sexual Misconduct Board (SHM Board) A Sexual Harassment and Sexual Misconduct Board (SHM Board) is responsible for adjudicating Sexual Misconduct cases. The SHM Board is a six-member body consisting of 5 voting members from the faculty, staff and/or administration and one non-voting Chair (Assistant Dean for Student Development or a designee). SHM Board members are specifically designated and undergo appropriate training to assist in the processing of formal complaints against students alleging sexual misconduct. The Le Moyne student conduct system is an educational process and is not meant to model criminal or civil judicial proceedings. Determinations as to whether an accused student has committed a violation are based on the preponderance of evidence (i.e., whether the charged conduct is "more likely than not" to have occurred). The information does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was "more likely than not" to have occurred. A. Hearing Procedures The following is a general description of the formal SHM Board process. The process may vary as appropriate for specific hearings. The accused student shall receive written notification which may include electronic mail from the Division of Student Development at least 48 hours before the hearing. The notice will indicate the charges against the student. The College endeavors to convene the SHM Board hearing within 14 days after completion of the investigation of a complaint. If a student (complainant or accused student or any witness) cannot attend the hearing the College has the right to conduct the hearing without the student present. In such cases the SHM Board will base its determinations on the information available to it. The Board may rely upon written statements, at the discretion of the Chair. The complainant and the accused student may bring an advisor of their choice (at the party's own expense, if the advisor is a paid advisor) to the hearing and to any related meeting. Each party must inform the Chair of the identity of his or her advisor at least 24 hours before the hearing. Students are expected to speak for themselves during hearings and related meetings; accordingly, advisors may furnish advice only and may not make statements or arguments, question witnesses or other individuals involved in the proceedings, or otherwise actively represent a student during the hearing or related meeting. Without limiting the foregoing, an advisor may not speak during a SHM Board hearing, object to any aspect of the hearing, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in writing only. The advisor may consult with the advisee verbally outside the hearing during breaks, if any. If an advisor is not adhering to these or other ground rules of a hearing or any related meeting, the advisor may be expelled from the hearing or meeting, and the hearing or meeting will continue without opportunity for the party to secure a new advisor. The hearing will be presided over and administered by the Chair, who will determine the order and method of proceeding, who may exercise control to prevent needless consumption of time, disruption, harassment, intimidation, or other conduct not conducive to the review, who will read the charges during the hearing, who will determine all questions of procedure or interpretation arising during or with respect to the hearing, and who may exclude from the hearing any person who engages in conduct in violation of these procedures. The hearing may be recorded at the discretion of the Chair. The hearing generally will be closed to anyone other than the complainant, accused student, their respective permitted advisors, and (during their testimony) any witnesses, but the Chair may in his or her discretion permit others to attend if he or she deems that their presence may be helpful to the review and determination of the charges or that there are other compelling reasons for their presence. Parents and family will not be permitted to attend (unless serving as an advisor). The complainant and the accused student may each request the presence of witnesses at the hearing. Such requests must be submitted to the Chair in writing at least 24 hours before the hearing and must describe the requested witnesses' expected testimony. All questions posed by non-board members to the complainant, the accused student or other witnesses must be asked through the Chair. The Chair may refuse to call a requested witness if the Chair determines that the expected testimony is not sufficiently relevant to the charges, would be duplicative of other testimony, or would otherwise not be significantly helpful to the review and determination of the charges. The Chair may also call additional witnesses on his or her own initiative. The complainant and the accused student shall be allowed to make an opening and closing statement. The board deliberates in a closed session and determines if the student is responsible for the alleged violation(s). A simple majority of the voting board members will determine a student's responsibility for alleged violations. If a student is found responsible, the board shall receive the record of any previous student conduct violations and sanctions and any other information as the Chair deems relevant to recommending sanctions. The board members then deliberate and decide on the appropriate sanction by majority vote. The Chair will inform the complainant and the accused student, simultaneously and in writing, of the decision and the rationale therefore, to the extent permitted by law. The decision of the board is effective immediately. The notice will include a reference to the available appellate procedure and the potential outcomes of that procedure. This notice is typically provided within 7 days after the hearing concludes. SHM Board members are required to maintain confidentiality as to student conduct records, the deliberations, and votes taken. B. Potential Sanctions In assessing a disciplinary penalty, the seriousness of the sexual misconduct incident and a student's prior disciplinary record (if any) will be evaluated. Although some incidents may result in lesser forms of disciplinary action, Le Moyne reserves the right to impose any level of discipline, up to and including suspension or expulsion, for any act of sexual misconduct, based on the facts and circumstances of the particular case. A potential listing of sanctions may be found in the Student Conduct Process section of the Student Handbook. C. Appeals Process A hearing appeals board (SHM Appeals Board) will respond to appeals from students who have had disciplinary sanctions placed upon them by a SHM Board or from complainants who are not be satisfied with the outcome of a hearing before the SHM Board. A SHM Appeals Board is a four-member body consisting of the Vice President for Student Development (as a nonvoting Chair) and 3 voting members from Le Moyne's faculty, staff and/or administration. The SHM Appeals board is also trained specifically for hearing cases of sexual misconduct. The SHM Appeals Board members are chosen by the Vice President for Student Development. The SHM Appeal Board for an appeal will not include any person who served on the original SHM Board at the original hearing. Appeals Board Hearing Procedures Appeals to the SHM Appeals Board must be in writing and submitted to the Vice President for Student Development within five business days of the date of the SHM Board findings letter. An appeal must be based on one or more of the following grounds: ? a procedural error occurred during the process that had a direct impact on the outcome, ? new information has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the SHM Board hearing, and/or ? the sanction is inappropriate (too severe or too light). The following is a general description of the SHM Appeals Board process. The process may vary as appropriate for specific cases. The SHM Appeals Board shall review the appeal and the written documentation from the original hearing. The SHM Appeals Board may request to review the recording from the original hearing if a recorder was used during the proceedings. The SHM Hearing Board may, but is not obligated to, provide the accused student and complainant an opportunity to appear before the SHM Hearing Board, but any such opportunity must be provided equally (if at all) to both parties. If the SHM Board desires, they may also ask questions of the complainant/accused student, ask questions of the SHM Chair and/or request additional information. Following review, the SHM Appeals Board may take any action it deems warranted, including without limitation: · uphold the finding of responsibility and the sanctions (if any) as originally imposed; · uphold the finding of responsibility but change the sanction; · overturn the finding of responsibility (and impose sanctions as applicable) ; or · ask the original SHM Board or a new SHM Board to re-hear the case in whole or in part It is expected that the SHM Appeals Board will meet to review and make a decision on the appeal within seven working days of the receipt of the appeal. The Chair will inform the complainant and the accused student, simultaneously and in writing, of the decision and the rationale therefore, to the extent permitted by law. This notice is typically provided within 7 days after the SHM Appeals Board reaches its determination. The SHM Appeals Board is not subject to review or further appeal (though the accused student and complainant retain the right to appeal (as provided above) any re-hearing ordered by the SHM Appeals Board). SHM Appeals Board proceedings are not open to the public, other members of the College community, parents, family members, or friends. The Chair shall have final authority regarding individual access to SHM Appeals Board proceedings. If the complainant and the accused student are asked to appear before the SHM Appeals Board, they may each bring an advisor of their choice (at the party's own expense, if the advisor is a paid advisor). Each party must inform the Chair of the identity of his or her advisor at least 24 hours before the hearing. Students are expected to speak for themselves during SHM Appeals Board proceedings; accordingly, advisors may furnish advice only and may not make statements or arguments, question individuals involved in the proceedings, or otherwise actively represent a student during the proceedings. The advisor may not speak during the proceedings, object to any aspect of the proceedings, or disrupt the proceedings in any way, and any consultation with the advisee while the proceedings are in progress must be done in writing only. The advisor may consult with the advisee verbally outside the proceedings during breaks, if any. If the Chair determines that an advisor is not adhering to these or other ground rules of the proceedings, the advisor will be expelled from the proceedings, and the proceedings will continue without opportunity for the party to secure a new advisor. SHM Appeals Board members are required to maintain confidentiality as to student conduct records, the deliberations, and votes taken. VIII. Statement of Students' Rights A. A student who reports Sexual Misconduct has the right To be treated with respect by College officials To report the incident to local police and the Syracuse Abused Persons unit To take advantage of campus support services such as the Counseling Center: (315) 445 – 4195, Health Services:– 4440, Student Development: - 4525, Title IX Coordinator:– 4155, Deputy Title IX Coordinator: -4520 or Campus Ministry: – 4110 To receive notification of options for and available assistance in changing academic, living, transportation, and working situations if requested and reasonably available after an alleged incident, regardless of whether the student chooses to report the incident to campus police or local law enforcement To be free from retaliation from any persons including, but not limited to, faculty, staff, other students and parents. · To have reports of sexual misconduct responded to in accordance with College policy To have irrelevant prior sexual history disallowed from the hearing · To be informed of the names of all witnesses who will be called to the hearing prior to the hearing To not be charged with minor misconduct that is ancillary to the sexual misconduct incident To participate in a hearing by means other than having to face the accused student, such as through use of a partition, speakerphone, videoconference, etc., To have access and use off-campus resources (at the student's expense, if any) Vera House Phone #: (315) 468 - 3260 City of Syracuse Police Department Dial: 911 or (315) 442-5111 Town of DeWitt Police Department Dial: 911 or (315) 425-2333 Onondaga County Sheriff's Office Dial: 911 or (315) 425- 2111 St. Joseph's Hospital Emergency Room (315) 448-5101 University Hospital Emergency Room (315) 464-5611 Crouse Irving Hospital Emergency Room (315) 470-7411 To be informed in writing of the outcome of any formal disciplinary hearing B. A student accused of Sexual Misconduct has the right To be treated with respect by College officials To take advantage of campus support services such as the Counseling Center: (315) 445 – 4195, Health Services:– 4440, Student Development: - 4525, Title IX Coordinator:– 4155, Deputy Title IX Coordinator: -4520 or Campus Ministry: – 4110 To be free from retaliation from any persons including, but not limited to, faculty, staff, other students and parents · To have reports of sexual misconduct responded to in accordance with College policy To have irrelevant prior sexual history disallowed from the hearing To be considered not responsible until found responsible · To be informed of the names of all witnesses who will be called to the hearing prior to the hearing To participate in a hearing by means other than having to face the complainant, such as through use of a partition, speakerphone, videoconference, etc., · To not participate in the campus conduct process while understanding that the College will hold a hearing regardless of participation · To be informed in writing of the outcome of any formal disciplinary hearing IX. Academic Freedom Le Moyne College is an academic institution at which academic freedom is necessary and valued. The College will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching, learning, working, or discussion. X. Recordkeeping Records generated in connection with reports, investigations and disciplinary proceedings are maintained in confidential files maintained by an appropriate office (e.g., Campus Security, the Division of Student Development, or the Registrar ), and only those with a right and need to know are permitted access. XI. Clery Act Compliance The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed. XII. Coordination with Other Policies A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process. Without limiting the foregoing, the SHM Hearing Board has the authority to hear allegations of collateral misconduct, meaning that it hears all allegations of sexual misconduct, but also may hear any allegations of additional conduct or policy violations that are alleged to have occurred as part of the same set of circumstances as the alleged sexual misconduct, even though those collateral allegations may not otherwise fall within the SHM Hearing Board's jurisdiction. This policy does not apply to decisions relating to requests for reasonable accommodation due to a disability. Academic disability accommodations are handled by the Disability Accommodation office and pursuant to that office's policies. XIII. Delegation of Authority Any College administrator of official whom this policy empowers to act may delegate his/her authority to any other appropriate College official. Delegation of authority may be necessary to avoid conflicts of interest or where time constraints or other obligations prevent a College official named in this policy from fulfilling his/her designated role. XIV. Policy Compliance Any person with a concern about the College's handling of a particular matter should contact the Title IX officer. The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481. [1] In unusual cases, it may be apparent that an investigation should not proceed. This may be the case if the complaint is not of a nature covered by this policy; where another policy or procedure is more appropriate; or where there is indisputable proof that the allegations are not true. If an investigation is not to proceed, the complainant will be so informed. [2] All deadlines and time requirements in this policy may be extended for good cause as determined by the College official having responsibility for the process to which the deadline or time requirement applies. Both the complainant and the accused student will be notified in writing of the reason for the delay and the date of the new deadline or event. Smoke-Free/Tobacco Free Policy Inspired by the Jesuit commitment to cura personalis, Le Moyne College is committed to promoting a healthy and safe environment for students, faculty, staff and visitors. There is considerable evidence that smoking and the use of tobacco products is harmful to those using the products, and with regard to smoke, to those in the proximity of smokers. This policy is intended to reduce the health risks related to smoking, secondhand smoke and tobacco usage for the campus community. Effective July 1, 2015, smoking and the use of tobacco products is prohibited on all property owned, leased or operated by Le Moyne College. This includes all indoor and outdoor campus spaces including but not limited to campus buildings, grounds, exterior open spaces, parking lots, on-campus sidewalks, streets, driveways, athletic facilities, practice facilities, recreational spaces and in all College owned or operated vehicles. This policy applies to all individuals on the Le Moyne College campus, including students, faculty, staff, parents, and visitors, including vendors, contractors and service providers. Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarette devices and electronic nicotine delivery systems (ENDS). Tobacco products are defined as any and all forms of tobacco and smokeless tobacco, including but not limited to cigarettes, cigars, snuff, dipping tobaccos, pouches, dissolvable tobaccos, tobacco waters and pastes. Members of the Le Moyne community who do not comply with the policy will be addressed, reminded of the importance of compliance and referred to the informational materials available regarding how to comply with this policy and to cessation materials. Members of the Le Moyne College community who refuse to comply with this policy may be subject to corrective action through the applicable process. Faculty and staff members alleged to be in violation of the policy are subject to corrective action as administered by the Office of Human Resources. Students alleged to be violating the policy are subject to corrective action through the appropriate student conduct process as administered by the Division of Student Development. Visitors, including vendors, contractors and any service providers, will be subject to whatever remedies are available to the College and administered by the Campus Security Department or other appropriate office. In accordance with the applicable law and Le Moyne College policy, any individual can voice objections to potential violations of this policy in an appropriate manner without fear of retaliation. During the 2014-15 academic year, education and communication efforts will continue to support the campus in going tobacco-free. The College will also begin to initiate changes, including new campus signage and the gradual reduction to acceptable smoking areas. Effective July 1, 2014 – June 30, 2015 smoking and tobacco use will only be allowed in designated areas in parking lots AA, C, D, E, G, and K. For additional information about this policy, a more detailed description of the implementation plan, and timeline, and where to find smoking cessation support, visit the Tobacco-Free webpage. Solicitation No one is allowed to solicit students on campus (including, but not limited to, College facilities as well as information technology infrastructure, such as email) for funds or for selling purposes unless written permission is granted from the College. Students interested in setting up tables for selling purposes in the campus center must receive permission from the Office of Student Development. Anyone without this permission should be reported to a campus life and leadership staff member or the security office. Before dealing with anyone, residents are cautioned to check a solicitor's credentials. Strangers Persons loitering or tampering with any equipment around or in a campus building should be brought to the attention of a staff member and/or the security office, and asked to leave the area. Strangers, including children, should not be invited into students' rooms or apartments. Study Abroad Le Moyne College's community standards and conduct procedures apply to students studying abroad. Theft Students involved in the attempted or actual theft, sale, or possession of property that does not belong to them, will be subject to disciplinary action and possible arrest and prosecution by state or federal authorities. Unauthorized Entry No person shall enter or attempt to enter any College function or facility without a ticket of admission or proper authorization. In addition, no individual shall enter or attempt to enter a locked building, room, office, or area without proper authorization. Furthermore, unauthorized entrance into or presence in a student room or vehicle is a violation of this policy. Vandalism/Damage to Property The deliberate destruction of property demonstrates a lack of respect for self, others, and the community. In addition to the replacement or repair cost resulting from such behavior, additional sanctions will be levied, up to and including dismissal or expulsion and possible arrest and prosecution by state or federal authorities. Students will be billed for damage done to College property. Students are not permitted to attempt to fix the damage themselves or contract with an outside vendor for repairs. The College will assist, but does not assume responsibility for, collecting payment on behalf of a student for damage done to the personal property of that student by another student. Accidental or unintentional damage to property is inevitable and unavoidable at times. When it occurs, it will be recognized as such and the responsible individual will be billed simply for the replacement or repair cost.