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 programs on student safety and residence hall security. In addition, security procedures and the availability of counseling and support services are discussed with incoming students at New Student Orientation. 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 or bullying that occurs off campus or during a time when the College is not in session.
The College's bias related team will investigate complaints, and the College will determine the appropriate action to be taken, which may include contacting local law enforcement.
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 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 they commit 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
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 their membership or perceived membership in a protected class and that create a hostile environment for that person.
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 and bullying. Formal complaints can be made via the College online reporting system (www.lemoyne.edu/compliance/bias-related-incident-reporting), contacting the bias related team at 315-445-6150 (Monday -Friday, 8:30 am – 4:30 pm), calling Campus Security (315-445-4444) or by visiting the Office of Inclusive Excellence (342 Reilly Hall) or Campus Security (Nelligan Hall) in person. 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 the Bias Related Incident Team Chair, 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 or a case of bullying, an investigation of the incident will be conducted by Campus Security and/or the Bias Related Incident Team Chair 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 and/or bullying is also encouraged to utilize the services provided by the Wellness Center for Health and Counseling and Campus Ministry.
VII. Restorative Justice Process
Complaints involving students, guests and/or non-community members relative to a hate-crime, bias related incident or a case of bullying may also be handled through a Restorative Justice Process.
Restorative Justice is an approach to determining responsibility for an act and deciding upon consequences that is focused on the harmed individual. The purpose of restorative justice is to:
Ameliorate the harm caused, including emotional, physical, financial, and relational harm,
Rebuild trust in our community and in each other,
Restore both the harmed individual(s) and the responsible individual(s) to community, whenever possible.
Restorative justice works when the people involved agree that harm has been caused and are clear on the actions that led to that harm. If an individual is unwilling to admit that they harmed another, restorative justice is not effective. In a situation where there is disagreement about what happened or who did what, the case is handled through the Student Conduct process.
Initial Discussion
An individual that reports a hate-crime, bias related incident or a case of bullying will be contacted by a member of the Bias Response Team (BRT), usually within 24 hours. The bias related team member will set up an informal discussion with the reporting party to clarify what happened; explain the options of utilizing the restorative justice process, the conduct process, or merely having the incident reported; and to determine how the reporting party wishes to proceed.
Preparing for a Conference
Members of the Bias Related Team will meet with all individuals involved in small groups or one-on-one settings to review the incident and what harm was caused. Initially, the reporting person (and allies) and the responding party (and allies) will meet separately. The goal of the meetings is to get a clear picture of what happened and to prepare each side to present their side of the story in a non-confrontational way during the restorative justice conference.
If, at any point, the reporting person decides not to pursue the case, the Bias Related Team will abide by their wishes. At any point in this period, the reporting party can continue with the Restorative Justice Process, refer the issue to the Office of Student Conduct, or drop the case. If, during the meetings, there is no acknowledgement of behavior or the harm that it caused, the case cannot continue as a restorative justice case and It must be dropped or referred to the Office of Student Conduct.
Restorative Justice Conference
The Bias Related Team will facilitate a restorative justice conference once the individual meetings described previously have been completed. During the conference, everyone involved will have an opportunity to speak, uninterrupted, to share their perspective. Facilitators involved in the process will help individuals participating in the conversation focus on what happened and the harm that was done. The role of the facilitators is to also help ensure that the involved individuals refrain from the use of any non-confrontational statements or personal attacks. During the conference, the group as a whole will come to consensus on:
What happened
What harms were caused
Who is responsible for each harm
Appropriate actions to ameliorate the harm(s), restore trust, and rebuild community (collectively known as sanctions).
The harmed individual(s) and those who created the harm mutually agree to the sanctions that will need to be completed in order to resolve the matter. Once the sanctions are decided upon those responsible for the harm will sign an agreement to perform the prescribed actions. The agreement will include a listing of sanctions and a timeline for completion.
Sanctions follow-up
A member of the Bias Related Team will follow-up with the responsible individuals to confirm that the sanctions are completed. Individuals that do not complete any of the sanctions, will be referred to the Office of Student Conduct.