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.

 

Details
Click on any topic below to learn more.
Le Moyne Physics Students
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. Classroom 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.
Student Studying

 

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 need to meet with a designated Student Development Staff member. 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.

Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. 

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 such cases the student(s) will be responsible for all related expenses.


Students with Iggy

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.

Le Moyne Students

 

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/vulgar words, bullying) is prohibited and will result in disciplinary action
Students outside science center

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 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.

Le Moyne Students
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.

Students present during the planning or implementation, or assisting in the perpetration, of conduct that is considered a violation of any college policy shall be subject to disciplinary action. Students who anticipate or observe a violation of college policy are expected to remove themselves from association or participation, and students are expected to report [serious] anticipated or actual violations to the college in a timely manner.  Violation of the foregoing expectations may result in disciplinary action. 

As an academic institution, the College’s goal is to address 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 is substantial 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 pharmacological 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.

Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. 

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 such cases the student(s) will be responsible for all related expenses.

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 and/or drug related issues. Included on the center’s staff is a professional counselor with expertise in alcohol and drug 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.

Student and Professor

Le Moyne College is committed to an environment where freedom of inquiry and an open exchange of conflicting viewpoints is supported and encouraged.

As a Jesuit institution, the manner in which Le Moyne students engage in civil discourse – regardless of content or viewpoints being expressed – is held to a high standard. Just as students are encouraged to engage in critical thought and social action, so are they expected to do so in a civil manner that honors the inherent dignity of all people, even those who may disagree. Therefore, demonstrations may not take place in a manner that endangers the College community, violates the law, is defamatory, constitutes a genuine threat or harassment, unjustifiably invades the rights of others, or interrupts the functioning of the College.

All Le Moyne students have the right to freedom of speech, expression and assembly, including but not limited to timely demonstrations in response to current events.  Students are free to express their views individually or in organized groups, on any topic, subject only to the policies and procedures necessary to preserve the rights of others and the other functions of the College.  For the purpose of this policy, the term “demonstration” will refer broadly to the organized display of these rights.

The following are general requirements for demonstrations:

The right of students to demonstrate on campus may not interfere with the rights of others to engage in and benefit from the educational programs and services of the College.

Demonstrations need to limit noise to reasonable levels as to not to interfere with the learning environment of the campus.  Work of the College needs to be able to continue without noise interference.  Demonstrations are prohibited during final exams.

Demonstrations may not take place indoors or in any space that has been concurrently reserved by other members of the College community or guests. Private offices are not locations for demonstrations and reception areas must remain clear of traffic for egress.  Demonstrators may enter private offices only with the permission of the occupant.  The hours of building operations need to be observed and followed.

Demonstrations may not impede the free flow of pedestrian or vehicular traffic, block thoroughfares, or obstruct campus building entry or exit points.   Demonstrations may not employ force, violence or intimidation, or constitute an immediate threat of force or violence against person or property.  Demonstrators may not possess or use firearms, ammunition, fireworks, dangerous chemicals, weapons, facsimiles, or any symbols associated with hate crimes (i.e. swastikas, confederate flags, etc.) the display of which could reasonably be expected to violate applicable College antiharassment policies. 

Demonstrators may not claim to speak for or otherwise represent the position of the College, unless officially sanctioned by the President or his/her designee.

The College student code of conduct, residential life policies and/or other college policies, including health and safety policies related to COVID-19 (face coverings, social distancing, etc.), must be observed at all times before, during and after a demonstration event.

Responsibilities of those organizing and participating in demonstrations

A member of the Le Moyne College community must be designated as the organizer for the event.  The organizer must meet with the Associate Provost for Student Development or designee at least 48 hours before the planned demonstration to review time, location, manner and size for the event.  If the organizer is planning the event on behalf of a recognized club or organization, the advisor to the club or organization should attend the meeting as well.

All College policies must be observed at all times in the planning and conduct of the event.

The organizer is responsible to communicate any parameters that have been set for the event by the Associate Provost for Student Development to all participants prior to the event.  The organizer will serve as the primary liaison with the Associate Provost for Student Development during the event, and to ensure compliance with those parameters by all participants.

The organizers of the demonstration event will work with the Associate Provost for Student Development to reserve space on campus, arrange for Campus Security as necessary, and to discuss all related logistics. 

Demonstrations on campus need to consider the impact of outside engagement including media and local law enforcement presence.  Outside organizations are not permitted to demonstrate on College property and any engagement with outside organizations should be addressed in the demonstration proposal.

Once the event planning details have been arranged, the demonstration may proceed once the organizer receives notification from the Associate Provost for Student Development that the event is approved.  Except as expressly set forth in this policy, approval will not be denied based upon the content of the view being expressed or the identity of the speaker(s).

Procedure for demonstration requests that are not approved

In the event that a request to conduct a demonstration is not approved by the Associate Provost for Student Development, the organizer may present a 1-2 page appeal letter to the Provost and Vice President for Academic and Student Affairs.  Upon review of an appeal, the Provost and Vice President for Academic and Student Affairs will inform the organizer of the final decision.

Procedures for responding to obstructive or disruptive demonstrations

In order to avoid any misunderstandings on the interpretation of what is permitted (dissent) and what is not permitted (disruption), the following definitions are guidelines:

Dissent is defined as individual or group activity that expresses grievances held against or changes desired of society or campus or both.  Dissent may be more general than a single grievance or remedy and may have an ideological base.  It often includes proposed solutions as well as complaints.

Disruption is defined as activity, which interferes with the rights of others.  Whereas dissent relies on persuasion, disruption may be based on harassment, coercion and/or violence.

More specifically, disruption is construed to include activity that

·         Denies or infringes upon the rights of the students, faculty, or staff of the College community;

·         Disrupts or interferes with instruction, research, administration or other activities of the College community;

·         Reacts to the expression of the peaceful dissent of others attempting to deny their rights;

·         Obstructs or restricts free movement of persons on any part of the College Campus;

·         Denies the use of offices, classrooms or other facilities to the students, staff or guests of the College community;

·         Endangers or threatens the safety of any persons or property on the College campus;

·         Threatens others with inappropriate communication, gestures or actions (including but not limited to pushing, intimidating/threatening/vulgar words, bullying); or

·         Results in the destruction or defacing of property.

If the Associate Provost for Student Development and/or Director of Security or their designees determine that a demonstration is disruptive or obstructive, they will take the following steps:

Inform the demonstrators that their actions are disrupting the normal process of the area in question and that they should discontinue their activities.  The demonstrators will also be informed specifically how they may continue their demonstration in a manner that is not disruptive.

If the demonstrators neglect to respond to the request to discontinue their activities or if they fail to modify them in such a manner that is not disruptive, the Associate Provost for Student Development and/or Director of Security will instruct demonstrators to leave the area immediately.

If at any time during an approved demonstration, physical violence, inappropriate communication and/or gestures and/or actions, unauthorized entry, disruption of normal business and/or academic activities, destruction of property and/or any other violation of College policy occurs, the Associate Provost for Student Development or designee in consultation with Campus Security will instruct demonstrators to leave the area immediately.

The disruptive activities will also subject demonstrators to the College’s student conduct process or personnel policies (as applicable), which may include suspension or expulsion from the College.

If the above measures fail to achieve compliance, Campus Security reserves the right to call local authorities.  Individuals causing the disruption may be arrested.

The Community can expect that Campus Security will respond proportionately to the disruptive action and therefore, the College expects all persons to comply with the directives of all authorized College officials acting in the performance of their duties.

In the event of conflict, the College’s COVID-19 policies, procedures and requirements (including, but not limited to, requirements for face coverings and maintaining physical distancing from others of 6 feet) supersede any contrary provisions in this policy.

(Policies by Fordham University, Fairfield University, University of Loyola at Chicago were consulted in the creation of this statement)


Le Moyne Students
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.
Le Moyne Students
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.
Le Moyne Campus
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.
Student in class
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 pyrotechnics of any kind (including, but not limited to, fireworks, firecrackers, cherry bombs, and sparklers) or dangerous chemicals, is prohibited. If a student is found in possession of a firearm or other weapon, pyrotechnics, and/or dangerous chemicals, it is sufficient cause for disciplinary action.

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.

Le Moyne Students
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.
Grewen Hall

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.


Students outside chapel

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.

The College's bias related team along with 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
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. Formal complaints can be made via the College online reporting system at Lemoyne.edu/lmcbias or 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 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/crime 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/crimes and/or bullying is also encouraged to utilize the services provided by the Wellness Center for Health and Counseling and Campus Ministry.

Le Moyne Plaza

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.

Le Moyne Students

The use, possession or storage of hoverboards (self-balancing scooters, battery-operated scooters, hands-free Segways and other similar equipment) is prohibited on the Le Moyne College campus.  Like other contraband items, if found, these items will be confiscated.

 

Le Moyne Professor
Students found responsible for lewd or offensive behavior (including, but not limited to, indecent exposure) will be subject to disciplinary action.
Students outside science center
The Internet provides new and increasingly diverse ways for students to become involved, engaged, and connected as members of the College community. Communications on social media sites 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. Correspondence/postings between individuals, including e-mails, instant messengers, text messaging, and social media messages may 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.
St. Ignatius Statue
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.
Consistent with the terms of the College’s Dolphins Declaration and measures adopted by the College to promote social distancing during the COVID-19 pandemic in the interest of protecting the health and safety of the campus community, students are not permitted to host or attend any planned or spontaneous party or other social gathering not sanctioned by the College, whether on or off campus, at which attendance is not limited to the persons residing at the party or gathering location.  Students found violating this policy will be subject corrective action under the Accountability for the Dolphins Declaration, and/or to severe disciplinary action, up to and including suspension or dismissal from the College.
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.  Additional requirements may be in effect for students active in clinical rotations.
Students outside chapel
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.
Le Moyne Campus

2020-2021 Le Moyne College

Policy on Sexual Harassment and Sexual Misconduct for Students

I.                 Introduction

As an institution of higher education with a longstanding Jesuit and Catholic tradition, Le Moyne College works 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 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 community regardless of their gender identity or sexual orientation.  Le Moyne College does not condone or tolerate Sexual Misconduct.

The College 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 Sexual Misconduct which involves a student, either as a complainant or a respondent.  (The College’s Faculty and Staff Policy on Sexual Harassment and Sexual Misconduct covers Sexual Misconduct cases that do not involve students.)  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. 

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 Sexual Misconduct.

·       To provide prompt professional and support services to the complainant and the respondent.

·       To provide a comprehensive system that informs the complainant and respondent 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 respondent.  The respondent shall be free from sanction, pending the conclusion of a case.  However, where the circumstances indicate that there is a potential danger to the immediate safety of the College community or specific persons within the College community, appropriate emergency measures (up to and including emergency removal from the College and/or its residence halls) may be taken by the Title IX Coordinator or designee.  In addition, supportive measures 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.  Supportive measures and/or emergency removal should not be viewed as prejudging responsibility for any allege violation. 

The protections in this Policy apply regardless of race, color, national origin, religion, cred, age, disability, sex, gender, identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status or criminal convictions.

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. 

 

II.               Scope of Policy

This Policy defines criteria and procedures for responding to queries and complaints regarding Sexual Misconduct, and applies to all students of the College.  (For purposes of this Policy, a covered student includes a deposited student, or the equivalent, and other student categories as determined by the Title IX Coordinator.)  This Policy covers activity that has taken place either on the Le Moyne campus or at College-sponsored events or programs off-campus.  The criteria and report procedures outlined below may also apply to off-campus situations where one member’s behavior interferes with another’s well-being and full participation as a member of the College community.

A.              Reports Against Students

This Policy applies in those instances when a student is reported to have engaged in Sexual Misconduct against any other person (regardless of whether the other person is a Le Moyne Students).

B.              Reports Against Faculty or Staff By a Student

If a student wishes to bring forward a report of Sexual Misconduct against a faculty or staff member, this Policy also applies.

C.              Reports By or Against Visitors or Non-Community Members

If a student wishes to bring forward a report 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 report should be made to Campus Security at 315-445-4444.  Campus Security will investigate reports against such persons, and the College will determine the appropriate action to be taken, which may include contacting law enforcement.

If a visitor wishes to report a violation of this Policy by a College student related to a College program, event or other College activity, or a campus incident, they may do so by reporting to the Title IX Coordinator.  Generally, the procedures set forth in this Policy apply to complaints made by visitors as against students, faculty or staff if the alleged behavior at issue is covered by this Policy.

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 Title IX Coordinator 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 property.

E.              Timeframe for Making a Complaint

While there is no time limit for bringing forward a report, 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 report 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 report against a current student (or employee).  A report against a former student or employee will be treated as a report against a non-community member and is not subject to adjudication pursuant to this Policy.  Nevertheless, Le Moyne’s officials will help a complainant who reports an incident concerning a former student or employee to share the allegations with 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.

This policy sets forth conduct expectations for our community and provides a process for the reporting, investigation and adjudication of alleged violations.  This policy applies to alleged conduct violative of Title IX of the Education Amendments of 1972 (i.e., “Title IX Category” violations) and also applies to a broader range of contexts and behaviors inconsistent with Le Moyne’s commitment to equal opportunity (i.e., “College Category” violations). 

The designation of conduct or allegations as either “Title IX Category” or “College Category” is not a function of the seriousness of the alleged conduct but rather a function of the scope and coverage of Title IX versus Le Moyne’s broader jurisdiction to prohibit and discipline a larger scope of inappropriate behavior.

A.              Title IX Category Violations

Title IX of the Education Amendments of 1972 provides:  “No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 

In accordance with Title IX as interpreted by the Department of Education, Le Moyne recognizes the following as conduct violations within the meaning of Title IX, provided that the context and circumstances of the conduct fall within the scope of Title IX, including but not limited to that the complainant was in the United States at the time of the alleged conduct, that the complainant be participating in or seeking to participate in the College’s education program or activity at the time of the complaint, and that the conduct have occurred in the context of the College’s education program or activity:

                     1.              Sexual harassment.  “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

a.           An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (commonly referred to as a “quid pro quo”);

b.           Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the College’s education program or activity (commonly referred to as a sexually or gender-based “hostile environment”).

                     2.              Sexual assault.  “Sexual assault” includes any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving affirmative consent.  Sexual assault consists of the following specific acts:

a.           Non-consensual Sexual Intercourse.  The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

b.           Non-consensual Sexual Contact.  The touching of the private body parts[1] of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

c.           Incest.  Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

d.           Statutory Rape.  Non-forcible sexual intercourse with a person who is under the statutory age of consent.  The statutory age of consent in New York is 17.

                     3.              Dating violence.  “Dating violence” means violence committed by a person:  (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors:  (i) The length of the relationship.  (ii) The type of relationship.  (iii) The frequency of interaction between the persons involved in the relationship.

                     4.              Domestic violence.  “Domestic violence” means violence committed by a current or former spouse or intimate partner of the complainant by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction where the College is located, or by 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 the jurisdiction.

                     5.              Stalking.  “Stalking” is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to:  (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.  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.  Stalking that does not occur on the basis of sex may be addressed under as a College Category Violation as described below. 

B.              College Category Violations

For purpose of College Category violations, the below conduct is prohibited even if the conduct occurs off-campus, outside the United States, even if the Complainant is not participating or seeking to participate in Le Moyne’s education program or activity, or otherwise in circumstances over which Le Moyne does not have influence or control, including but not limited to during academic term breaks.  Le Moyne retains discretion to not respond to, investigate or adjudicate circumstances in which no Le Moyne community interest is implicated.

                     1.              Sexual Harassment.  Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

a.           An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (commonly referred to as a “quid pro quo”);

b.           Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the College’s education program or activity (commonly referred to as a sexually or gender-based “hostile environment”).

c.           Unwelcome conduct on the basis of sex or gender that does not rise to a level of severity or pervasiveness but is contrary to the values of the College community.  A violation of this definition does not necessarily occur merely because a particular individual is offended; the conduct must be offensive to a reasonable person.  The College’s definition of Sexual Harassment broader than a strictly legal definition, and the College may find that conduct was harassing even though it did rise to the level of a legal violation. 

                     2.              Sexual assault.  “Sexual assault” includes any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving affirmative consent.  Sexual assault consists of the following specific acts:

a.           Non-Consensual Sexual Intercourse.  The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

b.           Non-Consensual Sexual Contact.  The touching of the private body parts[2] of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

c.           Incest.  Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

d.           Statutory Rape.  Non-forcible sexual intercourse with a person who is under the statutory age of consent.  The statutory age of consent in New York is 17.

                     3.              Dating violence.  “Dating violence” means violence committed by a person:  (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where 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; but that does not constitute dating violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example, because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity). 

                     4.              Domestic violence.  “Domestic violence” means violence committed by a or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the College is located, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction, if the conduct does not constitute domestic violence as a Title IX Category Violation as defined above because of the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).

                     5.              Stalking.  “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:  (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress, but that does not constitute stalking as a Title IX Category Violation as defined above because of basis on which it occurs or the context in which it occurs (for example because the complainant was not in the United States at the time of the alleged conduct, because the complainant was not participating in or seeking to participate in the College’s education program or activity at the time of the complaint, or because the conduct did not occur in the context of the College’s education program or activity).

A person reporting an incident need not worry about which category of Sexual Misconduct applies to or whether all elements of a particular definition of misconduct have been met.  An individual reporting an incident 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 and, if so, the Policy definition that may apply. 

IV.            Definitions of Affirmative Consent, Confidentiality, Privacy and Amnesty

A.              Affirmative Consent

As used in this Policy, “consent” means affirmative consent.

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent.  The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.  Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.  Consent may be initially given but withdrawn at any time.  Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.  When consent is withdrawn or can no longer be given, sexual activity must stop.  Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.  Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.  Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. 

In considering whether an individual is incapacitated due to drug or alcohol use, the College will look at a number of factors, including but not limited to the type/amount of alcohol and/or drugs used, as well as such outward signs as slurred or incoherent speech, impaired motor skills (e.g. walking, texting), vomiting, loss of consciousness, etc. 

Incapacitation may also result from a physical or mental disability.  In addition, in New York, a minor (someone under the age of 17) cannot consent to sexual activity.  This means that sexual contact with a person less than 17 is a crime as well as a violation of this Policy even if the minor wanted to engage in the sexual activity.  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.

B.              Confidentiality

Confidentiality may be offered by an individual who is not required by law or policy to report known incidents of sexual assault or other crimes to institutional officials in a manner consistent with state and/or federal law.  Licensed mental health counselors, medical providers and pastoral counselors are examples of institutional employees who may offer confidentiality.

C.              Privacy

Privacy may be offered by an individual when such individual is unable to offer confidentiality but shall still disclose information learned from a reporting individual or bystander to a crime or incident no more than necessary to comply with this Policy and applicable laws, including informing appropriate College officials. 

Even employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible.  The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

The Title IX Coordinator/Deputies, Investigating Team, Hearing Panel/Officers, Appeal Panels and anyone else with a role under this Policy are required to maintain privacy as to student conduct records, the deliberations, and votes taken.

D.              Amnesty Policy for Alcohol and/or drug use

The health and safety of every student at the College is of utmost importance.  The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  The College strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to College officials.  A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to the College’s Community Standards for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. 

V.              Reporting Options

Le Moyne College strongly encourages students and/or witnesses of Sexual Misconduct 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 by anyone within its jurisdiction against any person making a report of sexual misconduct or cooperating with any timely investigation or adjudication of such a report.

Students have options with respect to securing a College response to a Sexual Misconduct incident.  These options include a report to College administration to understand and/or pursue on campus procedures, a police report to understand and/or pursue a criminal investigation (including the New York State Police), or a confidential report to the Wellness Center for Health and Counseling or a clergy member.  It is also important to note that the on-campus timely investigation and law-enforcement criminal investigation can be accessed concurrently.  All of the 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. 

A student also has the right to not report to any or all of the foregoing.

Students who are in immediate danger need to get to a safe place and can 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 should be reported to the following.

Responsible Administrators for action:

·       Campus Security at 315-445-4444 – Available 24/7

·       Interim Title IX Coordinator:  Ann Bersani, 315-445-4278

·       Deputy Title IX Coordinators:

o   Karin Botto, Human Resources, 315-445-4155

o   C. Tabor Fisher, Philosophy Faculty Member, 315-445-4256

o   Scott Peterson, Athletics, 315-445-4686

·       Resident Advisor (RA) and Area Directors (AD).  Students may report incidents of Sexual Misconduct to an RA.  The RA and AD will notify one of the above administrators 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 specific Responsible Administrators listed above.  If a report is made to anyone else, the complainant risks a delay in that report getting to individuals authorized to act upon it and even the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon at all.  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 by the Title IX Coordinator of his/her rights and the options moving forward.  This will include an explanation of investigatory/disciplinary avenues, as well as other responsive (including supportive measures, such as changes in academic, housing, transportation and work arrangements to minimize the complainant’s contact with the respondent.  The complainant will be informed that they have the right to make a report to campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from the college. 

Ultimately, the College retains the right (and in some cases may have the obligation) to act upon any information that comes to its attention.  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.

Nonetheless, when the College and its employees cannot guarantee confidentiality, they will maintain an individual’s privacy to the greatest extent possible.  The information provided to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution, and to otherwise comply with this Policy.

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 responding student if known.  The Campus Security report will be forwarded to the Title IX Coordinator, who will follow the procedures outlined in this Policy.

Reports may also be made anonymously by contacting the Title IX Coordinator or the Campus Sexual Assault Hotline (315-251-SAFE).  The College’s ability to respond, however, may be limited by such anonymity.

Upon receiving a report, the Responsible Administrator to whom the report was made will discuss with the complainant available avenues and options.  Options may include supportive measures, informal resolution, or a formal grievance procedure and remedial actions to ameliorate or correct the effects of the Sexual Misconduct if a violation of this Policy is found to have occurred.  Other options may include interim no contact orders, changes in academic, extracurricular, residential, transportation, dining or working arrangements, access to academic, medical, counseling and other support, as appropriate.  Reporting to local law enforcement also is an option.  The College will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

B.              Confidential Reports

Le Moyne understands that a student who has experienced Sexual Misconduct may wish to talk about the incident with the understanding that the discussion will not be reported under this policy.  The support resources that students may utilize on a confidential basis are:

·       Wellness Center for Health and Counseling (consistent with its protocols on confidentiality)

o   Wellness Center for Health (services are free for all students) 315-445-4440

o   Wellness Center of Counseling (services are free for all students) 315-445-4195

o   Sexual Assault Hotline 315-251-SAFE 

·       Our campus clergy (acting in their role as clergy).

Students are encouraged to consult these sources for confidential emotional support.

A discussion with any of these sources does not result in a report 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 by the College should report to a Responsible Administrator as described in this Policy.

C.              Reports to Law Enforcement

A person who has been the victim of Sexual Misconduct that may constitute a crime is encouraged to contact local law enforcement directly by dialing 911, the New York State Police Sexual Assault Hotline (844-845-7269).  If requested, Campus Security (315-445-4444) will assist such a person in making a report to local law enforcement.  Campus Security staff are Responsible Administrators, therefore if the report does come to the attention of Campus Security, even if only through a request to assist with contacting local law enforcement, it will be shared with the Title IX Coordinator and/or Deputy.  Filing an official police report is different than filing a report with the College.  When a person files a 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 criminal justice process utilizes different standards of proof and evidence.  Any questions about whether a specific incident violated the penal law should be directed to law enforcement or the Onondaga County District Attorney (911 or 315-435-2470).  The preservation of evidence is critical to the prosecution of a criminal case.  If you have been the victim of a sexual assault or an act of violence, 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.

New York State Police Sexual Assault Hotline 844-845-7269

Onondaga Sheriff Abused Persons Unit 315-435-3092

City of Syracuse Police Department 911 or 315-422-5111

Syracuse Police Abused Persons Unit 911 or 315-435-3016

Town of Dewitt Police Department 911 or 315-425-2333

Onondaga County Sheriff’s Office 911 or 315-425-2111

A criminal investigation does not end the College’s duty to investigate and resolve reports 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, which delay generally will not be longer than ten (10) days.  Le Moyne College will not defer its investigation and disciplinary processes thereafter (e.g., pending the completion of any civil or criminal case).

VI.            Rights

A.              Students’ Bill of Rights

All students have the right to:

                     1.              Make a report to local law enforcement and/or state police;

                     2.              Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;

                     3.              Make a decision about whether or not to disclose a crime or violation and participate in the College conduct process and/or criminal justice process free from pressure by the College;

                     4.              Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

                     5.              Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services where available;

                     6.              Be free from any suggestion by the College that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

                     7.              Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;

                     8.              Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;

                     9.              Access to at least one level of appeal of a determination;

                 10.              Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the Conduct process including during all meetings and hearings related to such process; and

                 11.              Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

B.              Other Rights In Cases Involving Sexual Assault, Domestic/Dating Violence and Stalking

The rights of others, even if not a student, appear at Appendix A.

C.              Support Services for both the Complainant and Respondent

·       Campus support services (Free)

o   Wellness Center, Counseling (for Students):  315-445-4195 (Confidential)

o   Wellness Center, Health Services (for Students):  315-445-4440 (Confidential)

o   SAFE Hotline:  315-215-SAFE (for current sexual assault support)

o   Title IX Coordinator:  Ann Bersani:  315-445-4278

·       Off-campus resources (at the student’s expense, if any)

o   Vera House (Confidential):  15-468-3260

o   City of Syracuse Police Department:  911 or 315-442-5111

o   Town of DeWitt Police Department:  911 or 315-425-2333

o   Onondaga County Sheriff’s Office:  911 or 315-425-2111

o   St. Joseph’s Hospital Emergency Room (Confidential):  315-448-5101

o   Upstate University Hospital Emergency Room (Confidential):  315-464-5611

o   Crouse Hospital Emergency Room (Confidential):  315-470-7411

o   NYS Police Sexual Assault Hotline:                                            1-844-845-7269

o   NYS Domestic Violence Hotline:                                                 1-800-942-6906

SANE Nurse Exams are available through the Onondaga County SANE nurses at any local hospital, at no cost.  If there is a charge, the NYS Office of Victim Services will cover the cost.

o   NYS Office of Victim Services:                                                    1-800-247-8035

VII.          Personnel with Roles Under the Policy

The administrators of this Policy are described below. 

A.              Title IX Coordinator/Deputies

The oversight responsibility for the Policy and procedures primarily rests the Title IX Coordinator and Deputies.  These officers are appointed by the President, and in the role of Title IX Coordinator/ Deputy, report directly to the President.  The Title IX Coordinator and Deputies will come from the ranks of the faculty and staff.  Whenever possible, the President will appoint a gender-balanced team.  These individuals will coordinate educational programs for the College community, train personnel, and administer the procedures described in the Policy.  Normally, the Title IX Coordinator/Deputies do not have a direct role in decision making process.  Instead, their role is to protect the integrity and fairness of the procedures.

B.              Investigating Team

In cases where a formal complaint has been filed with the Title IX Coordinator, an Investigating Team will be appointed by the Title IX Coordinator.  This Team will normally consist of one or more trained investigators.  In addition, a Title IX Deputy will be responsible for monitoring compliance with the Policy during the course of the investigation and providing guidance to the Investigating Team under the Policy.  Members of the Investigating Team are specifically designated and undergo appropriate training to assist in the processing of formal complaints alleging Sexual Misconduct.  The role of the Investigating Team is to: participate in the collection of facts and evidence related to the report including information from the complainant, the complainant and other witnesses; and to refer their report to the Hearing Panel, or others as provided for in this Policy. 

C.              Hearing Panel (Student Respondents)

The Hearing Panel, chaired by the Assistant Dean for Student Development, consists of two (2) additional faculty and/or staff who are specifically designated and undergo appropriate training to assist in the processing of formal complaints in which a student is alleged to have engaged in Sexual Misconduct.  The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and, if so, determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred).  Evidence 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. 

D.              Hearing Panel (Faculty Respondent)

The Hearing Panel, chaired by the appropriate Dean, as designated by the Provost, consists of three additional faculty members.  The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred).  Evidence 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.

E.              Hearing Panel (Staff Respondent)

The Hearing Panel, chaired by the applicable (Administrator) Vice President as appointed by the Title IX Coordinator, consists of three employees made of either faculty members and/or staff.  The Hearing Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred).  Evidence 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.  The Vice President’s role is administrative and is not a decision maker in the process.

F.              Appeals Panel (Student Respondent)

An Appeals Panel will be appointed if, after an investigation has been completed and a Hearing Panel has reached a decision, either party decides to appeal the decision.  The Title IX Coordinator as chair of the appeals panel, will appoint an Appeals Panel of two individuals from the pool of trained faculty and/or staff who have not participated in the investigation or hearing panel.  (In the event the two members are not able to reach an agreement, a third member shall be appointed by the Title IX Coordinator.)  The role of the Appeals Panel is to act on any appeal request.  The Title IX Coordinator’s role is administrative and is not a decision-maker in this process.

G.             Appeals Panel (Faculty Respondent)

An appeals panel comprised of the Provost and a Dean not involved in the original decision, as appointed by the Title IX Coordinator, will act on any appeal request, a third member will be appointed if the two original appointees cannot agree.

H.              Appeals Panel (Staff Respondent)

An appeals panel of two employees (at the level of Director or above) not involved in the original decision of the staff respondent as appointed by the Title IX Coordinator will act on any appeal request, a third member will be appointed if the two original appointees cannot agree. 

I.                 Legal Counsel

An attorney who is responsible to the Board of Trustees shall be made available by the College to advise the Title IX Coordinator/Deputies, Investigating Team, Hearing Panel and/or Appeals panel, at any time, to be coordinated through Title IX Coordinator.

VIII.        Supportive Measures and Emergency Removal

A.              Supportive Measures

Once a report is made under this Policy, the complainant will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.  A report that triggers supportive measures need not be a formal complaint, and it may be made by a third-party (i.e., someone other than the complainant himself/herself).  Once the respondent is informed of a report or a formal complaint, the respondent will be contacted by the Title IX Coordinator and offered individualized support as more fully described below.

Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties.  As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties. 

Supportive measures could include, but are not limited to:

·       Changes or adjustment in academics such as the extension of deadlines or other course-related adjustments or allowing a withdrawal from a course without penalty;

·       Changes to housing, transportation and campus working situations if those changes are requested by a party and reasonably available;

·       Mutual “No Contact” orders and, possibly, in rare cases, such as when legal restraining orders or orders of protection have been issued, one-way no contact orders.

·       Access to campus escorts or other reasonable security or monitoring measures;

·       Counseling services; and

·       Interim removal of a student from College will only be done pursuant to the Emergency Removal protocol, discussed below.

The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating with the various College departments and offices that may be involved.  Supportive measures will be offered free of charge.

If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances.  In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed.  Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party.  Information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied.

B.              Emergency Removal

In some cases, the College may undertake an emergency removal of a student respondent in order to protect the safety of College community, which may include contacting local law enforcement to address imminent safety concerns.

Emergency removal is not a substitute for reaching a determination as to a respondent’s responsibility for the sexual harassment allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety, which may arise out of the sexual harassment allegations.

Prior to removing a student respondent through the emergency removal process, the College will undertake an individualized safety and risk analysis.  If the individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student, including the student respondent, or other individual justifies removal, then a student respondent will be removed.  This is the case regardless of the severity of the allegations and regardless of whether a formal complaint was filed.

After determining a student respondent is an immediate threat to the physical health or safety of an individual, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent.  This notice will contain:  (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.

If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision.  The respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Provost within 10 days of receiving the notice of removal.  The burden of proof is on the student respondent to show that the removal decision was incorrect.

This section applies only to student respondents.  Employee respondents are not subject to this section and may be placed on administrative leave pursuant to the College’s policies and/or collective bargaining agreements. 

IX.            Orders of Protection

Campus Safety, or other College officials, will provide reasonable assistance to a College campus community member, in connection with prohibited Sexual Misconduct conduct under this Policy in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order.  This assistance includes providing that person with:

i. a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;

ii. an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and

iii. assistance from Campus Safety in contacting local law enforcement to effect an arrest for violating such an order.

X.              Grievance Process

A.              Filing a Formal Complaint

A formal complaint is necessary to initiate the College’s grievance process, meaning an investigation and adjudication process.  A formal complaint must be in written form and must be signed by the complainant.  A third-party or anyone other than the victim of the misconduct may not file a formal complaint.  However, a formal complaint may be filed by a parent or guardian of a minor person.

A formal complaint is a document filed by a complainant or signed by the College’s Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation.  The respondent may be either a student or an employee or a visitor, independent contractor, intern, or volunteer of the College.  A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to:  Ann K. Bersani, Interim Title IX Coordinator, 1419 Salt Springs Road, Syracuse, NY 13214, fo [or by submitting a complaint electronically via [the College’s online portal at (add link) or email to Title IX Coordinator titleix@lemoyne.edu].  In order to qualify as a formal complaint, the document must contain the complainant’s physical or electronic signature, or otherwise indicate that the complainant is the person filing the formal complaint. 

If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint.  In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy. 

The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process.  However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.

In making this determination, the Title IX Coordinator will consider, among other factors:

·       the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:

·       whether there have been other complaints about the same alleged perpetrator; 

·       whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;

·       whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;

·       whether the sexual violence was committed by multiple perpetrators whether the sexual violence was perpetrated with a weapon;

·       whether the victim is a minor;

·       whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence);

·       whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process.  The College may take the steps it deems appropriate under the circumstances.

B.              Mandatory Dismissal of Title IX Category Charges

The Title IX Coordinator will review a formal complaint filed by a Complainant.  In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” the Title IX Category violation(s) if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:

·       would not constitute Title IX Category conduct as defined in this Policy, even if proved,

·       did not occur in the College’s education program or activity, or

·       did not occur against a person in the United States.

Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the complainant and respondent.  The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation.  A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeal procedure in this Policy.

Even if Title IX Category violations are subject to dismissal, the College may continue to process the allegations as College Category violations, assuming that the allegations, if true, would constitute College Category violations.

C.              Discretionary Dismissal of Title IX Category Charges

The Title IX Coordinator may, but is not required to, dismiss formal complaints in the following circumstances:

·       When the complainant withdraws a formal complaint;

·       When the respondent is no longer enrolled in or employed by the College; and

·       Where specific circumstances prevent the College from gathering evidence (such as where a complainant refuses to cooperate but does not withdraw a formal complaint). 

The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation.

D.              Optional Voluntary Informal Resolution Process

An Informal Resolution Process is a voluntary process in which a trained facilitator assists the parties in resolving the allegations made by a complainant.  An Informal Resolution prioritizes educational and conciliatory approaches over more adversarial contestation of the facts.  One objective of the Informal Resolution is to provide to the parties an opportunity to hear each other’s’ concerns and address them as collaboratively and usefully for the parties as possible, with the assistance of the facilitator. 

The intent of an Informal Resolution Process is for the parties to undertake a facilitated discussion regarding the matters at issue related to the allegations to see if they can reach agreement on a resolution that leaves both parties feeling satisfied with that resolution. 

The Informal Resolution Process is not available if the respondent in a sexual misconduct complaint is a faculty or staff member of College and the complainant is a student.  The Informal Resolution Process is also not available in a complaint involving more than two parties unless (1) all parties consent to use the Informal Resolution Process, (2) there is an understanding among all parties about what happens when the right of any party to stop the Informal Resolution process and return or proceed to the formal grievance and hearing process is invoked, and (3) there is an understanding among all parties about whether some parties, but not all, can agree to a resolution.

Supportive measures are available to both parties in the same manner as they would be if the formal complaint were proceeding under the formal grievance and hearing process.

The Title IX Coordinator will offer the Informal Resolution Process to the parties after a formal complaint is filed by a complainant.  Both parties must consent to use the Informal Resolution process.  Either party in an Informal Resolution process may terminate it at any time and the complaint will proceed to the formal grievance and hearing process.  In some instances, as detailed below, the facilitator in the Informal Resolution process may terminate the process as well.

A written notice will be given to both parties before entering an Informal Resolution Process, and both parties must consent to the process in writing.  No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

If both parties consent to participate in the Informal Resolution process, the College will assign a facilitator who will act in an independent, impartial manner to facilitate a resolution between the parties.  The facilitator will be trained on how to perform the role.  The facilitator will also be screened to ensure that such person is free from conflicts of interest and bias.

The procedure applicable to an Informal Resolution process will explained in more detail to the complainant and respondent if both parties are interested in Informal Resolution.

A resolution is reached only if both parties agree.  The facilitator will not impose an outcome, although they may assist the parties in suggesting resolutions that appear to meet the parties’ needs.  If there is no agreement on a resolution, the complaint is returned to the formal grievance and hearing process outlined in this policy.  A party may terminate the informal process at any time before the final written resolution is signed. 

The facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties.  This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or to pursue the formal grievance and hearing process.

After a written resolution has been finalized, the College will keep a record of the parties’ written consent to the Informal Resolution process and the written resolution.  An Informal Resolution is a final resolution of the matter.  In unusual circumstances, the College may decline to accept the parties’ Informal Resolution.

XI.            Investigation

A formal complaint is required to initiate an investigation.  A formal complaint must be submitted and signed by the complainant, or there must be a determination by the Title IX to sign a formal complaint.

The Title IX Coordinator reserves the right, in exceptional cases, to utilize external investigators, alone or in conjunction with internal investigators.  Investigation of formal complaints will be completed as expeditiously as possible, ordinarily within 45 days.  Investigation may take longer when (among other things) the College is not in session. 

In unusual cases, it may be apparent that an investigation should not proceed.  This may be the case if the report is not of a nature covered by this Policy or where another Policy is more appropriate, or where there is indisputable proof that the allegations are not true.  If a determination is made by the Title IX Coordinator not to proceed with an investigation, the decision is immediately appealable.

A.              Notice of Investigation

The Complainant and Respondent shall receive a notice of investigation referencing the violation(s) of this policy alleged to have been committed and the range of possible disciplinary sanctions and remedies following any determination of responsibility.  The notice of investigation will include, to the extent known:

·       the identities of the involved parties;

·       the date, time, location and factual allegations concerning the alleged violation;

·       the policy provisions allegedly violated;

·       a description of the investigation and adjudication process;

·       potential sanctions;

·       the right to an advisor of their choice, who may be, but is not required to be, an attorney;

·       their right to inspect and review evidence in accordance with this policy;

·       notice that knowingly making false statements or knowingly submitting false information is prohibited under [insert policy reference]; and

·       that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process

If, in the course of the investigation, the College decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties. 

B.              Advisor of Choice

At any meeting that the complainant or respondent is permitted or required to attend, the complainant and the respondent may be accompanied by an advisor of the party’s choice, who may be but is not required to be an attorney.  Any expense incurred in using an advisor is borne by the individual.  The College does not appoint an advisor for a party at this stage of the process.

Individuals are expected to speak for themselves during meetings/interviews; accordingly, advisors may furnish advice to the individual only and may not make statements or arguments, question witnesses or other individuals involved, or otherwise actively represent an individual during the meeting/interview.  Without limiting the foregoing, an advisor may not speak during any meetings/interviews related to the report, object to any aspect of the meeting/interview, or disrupt a meeting/interview in any way.  Any consultation with the advisee while a meeting/interview is in progress must be done in writing only and in a way that is not disruptive. 

The advisor may consult with the advisee outside the meetings /interviews during breaks, if any.  If an advisor is not adhering to these or other ground rules of any meeting/interview, the advisor may be expelled from the meeting/interview, and the meeting /interview will continue without opportunity for the party to secure a new advisor.

C.              Investigation Process

Investigatory meetings/interviews will be conducted by the Investigation Team, who will determine the order and method of proceeding.  The Investigation Team will review the charges during the meeting/interview; will determine all questions of procedure or interpretation arising during or with respect to the meetings/interviews and may exclude from a meeting/interview any person who engages in conduct in violation of these procedures.  Meetings/interviews may be recorded by the Investigating Team (only), at its discretion, and with notice to the person being recorded.

The investigation process will generally be closed to anyone other than the interviewee, and if the interviewee is the complainant or respondent, then also their advisor, but the Investigation Team may permit others to attend if it is deemed that there are other compelling reasons for their presence, such as an accommodation to an individual with a disability.

The Title IX Coordinator may determine that cases where the allegations arise out the same set of facts should be consolidated for purpose of the investigation and/or adjudication.  Instances where consolidation of complaints may occur include but are not limited to cross-complaints filed by the parties against each other, multiple complaints by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents.

D.              Witnesses and Documentation

The complainant and respondent may each request that witnesses be included in the investigation process.  Such requests must be submitted to the Investigation Team in writing including the purpose for including the witnesses. 

The Investigation Team may decide not to include a requested witness if the Investigation Team determines that the expected testimony is not sufficiently relevant to the charges or is cumulative.  The Investigation Team may also interview additional witnesses on its own initiative.

The complainant and the respondent will be given an equal opportunity to present information.  This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations.  However, at all times, the burden of gathering evidence remains with the College.  The Investigation Team may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.).

E.              Opportunity for Inspection and Review of Evidence

The complainant and respondent will be provided an equal opportunity to inspect and review any evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination.  Prior to the conclusion of the investigative report, the complainant and respondent, and each party’s advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law.  The complainant and respondent will be provided with at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report.  The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

F.              Investigating Team’s Report

At the conclusion of the investigation, the Investigating Team will provide, their report to the Title IX Coordinator. 

At least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the complainant and respondent, and each party’s advisor if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law. 

XII.          Hearing Procedures

A.              General

A hearing before a Hearing Panel will be convened not less than ten days after the parties have been provided access to the final investigative report, for the purpose of determining whether the respondent is responsible or not responsible for the charge(s). 

The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the names of the Hearing Panel, and how to challenge participation by any Hearing Panel member for bias or conflict of interest.  Bias or conflict of interest will be judged by an objective standard (whether a reasonable person would conclude the individual is biased). 

Participants in the hearing will include the members of the Hearing Panel, the complainant and the respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony).  Hearings are private.  Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability.  Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s). 

Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling the Hearing Panel and the parties to simultaneously see and hear any party or witness providing information or answering questions.  If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.

The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator.  Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.

B.              Procedural Matters

The Chair of the Hearing Panel is in charge of organizing the presentation of information to be considered at the hearing.  Generally, the hearing will proceed in the following order:

                     1.              Opportunity for Opening Statement by the complainant

                     2.              Opportunity for Opening Statement by the respondent

                     3.              Summary of the results of the investigation by the investigator(s)

                     4.              Questions for the investigator(s) by the Hearing Panel and, if desired, on behalf of complainant and the respondent (as described below)

                     5.              Questions for the complainant by the Hearing Panel and, if desired, on behalf of the respondent (as described below) 

                     6.              Questions for the respondent by the Hearing Panel and, if desired, on behalf of the complainant (as described below)

                     7.              Questions for each witness by the Hearing Panel and, if desired, on behalf of complainant and the respondent (as described below)

                     8.              Opportunity for Closing Statement by the respondent

                     9.              Opportunity for Closing Statement by the complainant

Formal rules of evidence will not apply.  Except as otherwise expressly prohibited by this Policy, any information that the Chair determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence.  All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described in Section XI will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning.  Absent extraordinary circumstances (such as newly discovered information not reasonably available at an earlier time) or other excusable circumstances as determined by the Chair of the Hearing Panel, no party may seek to introduce at the hearing any evidence not previously made available in accordance with the preceding sentence, other than the investigative report itself and any responses to the investigative report submitted by the parties pursuant to Section XI.

The Chair of the Hearing Panel will address any concerns regarding the consideration of information prior to and/or during the hearing and may exclude irrelevant information.  Subject to the terms of this Policy, the Chair will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, to alter the order of the proceedings from that described above, and/or to recall parties or witnesses for additional questions as the Chair deems necessary or appropriate.  The Chair may impose additional ground rules as Chair may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties. 

C.              Advisors of Choice and Institutional Advisors

The complainant and the respondent may each have present with them during the hearing an advisor of their choice (at the party’s expense, if the advisor is a paid advisor).  If a party does not have an advisor present at the hearing, the College will provide, without fee or charge to that party, an advisor of the College’s choice (known as an “institutional advisor”) for the limited purpose of conducting questioning on behalf of that party as provided in this Policy.  

Except with respect to questioning as described below, the advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the Hearing Panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet nondisruptive manner or in writing.  The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Chair of the Hearing Panel.  An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, nonintimidating and non-abusive manner.  If the Chair determines that an advisor is not adhering to these or other ground rules, the advisor may be required to leave the hearing, and the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the College will assign an advisor of the College choosing, without charge, for the purpose of conducting questioning on behalf of the party as provided below.

Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.  The Hearing Panel may be advised by and/or consult with the College’s legal counsel as the Chair of the Hearing Panel deems necessary or appropriate.

D.              Questioning Procedures

The Hearing Panel will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing.  Questioning must be conducted by the party’s advisor in a respectful, nonintimidating and non-abusive manner, and never by a party personally.  If a party does not have an advisor of choice present at the hearing, the Title IX Coordinator will arrange for the College to provide without fee or charge to that party, an advisor of the College’s choice (i.e., an “institutional advisor”) to conduct cross-examination on behalf of that party.

Only relevant questions may be asked by a party’s advisor to a party or witness.  Before the party or witness answers a question posed by an advisor, the Chair of the Hearing Panel will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.  The advisor posing the question may request that the Chair reconsider any decision to exclude a question and the Chair, after soliciting the other party’s advisor’s opinion, will render a final determination.  Such decisions by the Chair are final and not subject to further objection or reconsideration during the hearing. 

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the complainant’s prior sexual behavior that (a) are offered to prove that someone other than the respondent committed the alleged misconduct, or (b) concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

If a party or witness does not submit to cross-examination at the hearing by a party’s advisor as described above, the Hearing Panel may not rely on any statement of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility.  The Hearing Panel will not draw an inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination questions.

E.              Hearing Determinations

Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination by majority vote as to whether the respondent is responsible or not responsible for the alleged violation(s).  The Hearing Panel will use “preponderance of the evidence” as the standard of proof to determine whether each alleged violation of the Policy occurred.  “Preponderance of the evidence” means that the Hearing Panel must determine whether, based on the evidence presented, it is more likely than not that the respondent engaged in the conduct charged.

If the Hearing Panel determines that the respondent is responsible for one or more violations, the complainant and respondent will be invited by the Title IX Coordinator to submit a personal impact statement that will be provided to the Hearing Panel for consideration in determining appropriate sanctions.  The Title IX Coordinator will set the time frame for the submission of personal impact statements which normally will be no less than three days.  The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party.

In addition to the impact statement(s), if any, factors considered when determining sanctions may include:

·       the nature and severity of, and circumstances surrounding, the violation(s);

·       the respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);

·       the respondent’s previous disciplinary history;

·       the need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;

·       the need to remedy the effects of the conduct on the complainant and/or the community;

·       the impact of potential sanctions on the respondent;

·       sanctions imposed by the College matters involving comparable conduct; and

·       any other lawful factors deemed relevant by the Hearing Panel.

The following are the sanctions that may be imposed upon students or organizations singly or in combination: 

·       Warning:  A formal statement that the behavior was unacceptable and that further infractions of any College policy, procedure, or directive may result in more severe disciplinary action.

·       Probation:  A written reprimand for violation of the Policy, providing for more severe disciplinary sanctions in the event that the respondent is found in violation of any College policy, procedure, or directive within a specified period of time.

·       Revocation of Privileges.  This may include exclusion from extracurricular activities; ban from on-campus housing; restrictions on the respondent’s presence on campus; prohibition on holding positions of leadership or, in the case of employees, positions with supervisory/managerial status or positions in particular departments or having particular responsibilities;  reductions in pay for employee respondents; ban from campus events such as graduation; and/or other measures deemed appropriate.

·       Suspension:  Cessation of student or employment status for a definite period of time and/or until specific criteria are met.  Suspensions from employment may be unpaid.

·       Expulsion:  Permanent termination of student status.

·       Withholding Degree and/or Diploma:  The College may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.

·       Other Actions:  In addition to or in place of the above sanctions, the Hearing Panel may assign any other sanctions as deemed appropriate, including but not limited to the following:

o   Mandated counseling so the respondent has the opportunity to gain more insight into his/her/their behavior.

o   A “no contact” directive (including but not limited to continuation of a no contact directive imposed as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written or other means.  A no contact directive may include additional restrictions and terms.

o   Requiring the respondent to write a letter of apology.

o   Requiring unpaid service to the campus or local community stated in terms of type and hours of service.

o   Restitution for damage to or misappropriation of property, or for personal injury, and other related costs.

o   Loss, revocation or restriction of housing privileges (e.g., exclusion from specified locations or alteration of status in the housing lottery or other selection system).

F.              Notice of Outcome

The Hearing Panel will issue a written determination including the following information:

·       A description of the charges that were adjudicated;

·       A description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

·       Findings of fact supporting the determination;

·       Conclusions regarding the application of the Policy to the facts;

·       A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the respondent, and whether remedies designed to restore or preserve equal access to the College’s educational programs or activities will be provided to the complainant; and

·       The procedures and permissible bases for the complainant and respondent to appeal.

The Title IX Coordinator Chair will provide the written determination to the parties simultaneously.

XIII.        Appeals

A.              Process for Appeal

A respondent or complainant may appeal:  (1) a determination regarding responsibility, and (2) the College’s dismissal of a formal complaint or any allegations therein.

If a party wishes to appeal a determination regarding responsibility or the dismissal of a formal complaint, the party must submit written notice to the Title IX Coordinator of the party’s intent to appeal within 10 days of receiving the written notification of the appealable decision.

A respondent or complainant may appeal on the following bases:

·       Procedural irregularity that affected the determination regarding responsibility or dismissal of the matter;

·       New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the determination regarding responsibility or dismissal of the matter; and

·       The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter.  The professional experience of an individual need not disqualify the person from the ability to serve impartially.  Furthermore, bias is not demonstrated by working in complainants’ or respondents’ rights organization.

·       The sanction is inappropriate (too severe or too light)

In addition to the three bases for appeal, College reserves the right to add additional bases for appeal that will be available equally to both the respondent and the complainant.  Any additional bases of appeal that are added will not be applied retroactively to previous determinations and dismissals.

When a party submits a written notice of its intent to appeal to the Title IX Coordinator within 10 days of the appealable decision, College will notify the other party in writing and implement appeal procedures equally for both parties.  If no written notice of either party’s intent to appeal is sent, then the written determination becomes final after the time period to file an appeal (10 days) has expired.

Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.  Each party will have at least 10 days to submit its written statement.  If a party needs additional time, it can request such additional time from the decision-maker for the appeal.  Such requests will be granted on a case-by-case basis.  If the decision-maker for the appeal grants a request for additional time to submit a written statement, all parties will be granted the additional time.

B.              Appeals Panel

When the respondent is a student, the Title IX Coordinator will be responsible for appointing an Appeals Panel consisting of two faculty and/or staff members.

When the respondent is a faculty member, the Title IX Coordinator will be responsible for appointing an Appeals Panel consisting of a Dean who was not involved in the Hearing Panel, who together with the Provost will constitute the Appeals Panel. 

When the respondent is a staff member, the Title IX Coordinator will be responsible for appointing two employees (at the Director level or above) as an Appeals Panel not a part of the Hearing Panel.

If those two members cannot agree on an outcome, a third member will be appointed.

No decision-maker for the appeal will be the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.

C.              Appeals Panel Decision

The Appeals Panel will issue a written decision describing the result of the appeal and the rationale for the result.  This decision will be provided to both parties simultaneously and in writing.

Once the appeal decision has been sent to the parties, the appeal decision is final.

XIV.        Application to Faculty and Staff

One or more of the College’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation.  This policy will be applied to faculty and staff in any situation involving a Title IX Category violation where a student is the complainant or respondent.  In all other situations (including those not involving students and/or not involving Title IX Category violations), the College reserves the right to apply this policy or another applicable College policy or process.  The College will apply this policy to any situation where the College determines that Title IX requires the application of this policy.

XV.          Education for all Students

All students new to the Le Moyne Community (first years, transfers, part-time and graduate students) are required to participate in the Sexual Misconduct Education offered during their Orientation Process.  Student Athletes must have documentation of completion of training prior to competition and student club and organization executive officers must have documentation of completion of training prior to recognition and budget approval. 

XVI.        Training

Responsible Administrators, persons assigned as investigators and individuals determining violations of this Policy will receive annual training on relevant topics, including discrimination, harassment, sexual assault, stalking, domestic violence and dating violence and how to conduct timely investigations (including specifically investigations involving sexual assault, domestic and dating violence and stalking), the right during investigatory and adjudicatory proceedings to a presumption of “not responsible” until a finding of responsibility is made, the College’s disciplinary proceedings, protecting the safety of the community, and respectful treatment of all parties.

XVII.      Academic Freedom

Le Moyne College supports and protects the principle of academic freedom.  All members of the Le Moyne community have a right to use the academic forum provided by the College to discuss controversial subjects and express unpopular or unfamiliar ideas.  However, under the shield of academic freedom, members of the community do not have the right to sexually harass others or engage in other acts of Sexual Misconduct.  Nor may any member of the community implicitly or explicitly use the threat of filing a Sexual Misconduct report as a mechanism for the advancement of certain ideas and the silencing of others.

XVIII.    Recordkeeping

The record-keeping procedures outlined here are designed to protect the privacy of individuals to the maximum degree consistent with protection of the Le Moyne College community against future Sexual Misconduct.  Records of information inquiries, reports and responses filed, notes and materials, and dispositions of cases will be maintained in a locked file by the Title IX Coordinator. 

When a report is received, the Title IX Coordinator will check the file to determine whether a report has previously been recorded against the same individual, but not acted upon.  If so, the College may attempt to contact the earlier reporting party(ies) and any witnesses named in order to suggest the possibility of joint action or participation as a witness, while still maintaining appropriate levels of privacy.  Such persons have the right to decline to participate, although the College may decide to move forward on its own.  The Title IX Coordinator shall also use this file to determine whether previous findings have been reached involving the person complained against and may use that information as appropriate.

XIX.        Transcript Notation

In the event any student is found responsible for conduct which constitutes a crime of violence that must be reported under the Clery Act (including aggravated assault and sexual violence) and is suspended or expelled as a result, his/her transcript will note that they were suspended or expelled, as appropriate, for a finding of responsibility for a code of conduct violation (or words to that effect).  A student who withdraws with such charges pending and does not participate through completion in any College process will have noted on his/her transcript that he/she withdrew with charges pending (or words to that effect).  (The College reserves the right to process to completion a report filed against a student, and impose a sanction, notwithstanding his or her withdrawal.)  Pursuant to the College’s Policy on transcript notations, a student who has been suspended may be eligible to seek to have the notation removed, but not sooner than one year following completion of the suspension.  A request for a removal of a suspension notation should be addressed to the Title IX Coordinator.

XX.          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 complainant may be disclosed to the community, but the name of the complainant will not be disclosed.

XXI.        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 Hearing Panel has the authority to review 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 Hearing Panel’s jurisdiction.

In cases where the individual has more than one status with the College (such as a student who is also employed with the College, or any employee who takes courses at the College), the College will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status.

XXII.      Delegation of Authority/Interpretation

The Title IX Coordinator may delegate any of his/her responsibilities and/or authorities under this Policy to a Deputy Title IX Coordinator, as appropriate. 

The Title IX Coordinator may also delegate the authority of any other person with a role under this Policy to another appropriate (including appropriately trained) College official, including in order 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.

Final interpretation of any provision of these policies is vested in the Title IX Coordinator.  Issues that are not specifically addressed in these policies may be resolved by the Title IX Coordinator.

Any person with a designated role pursuant to this Policy may be substituted for another person as necessary to avoid conflicts of interest or for other good cause, including unavailability of the designated person.

XXIII.    Time Limits

The Title IX Coordinator may extend any time limits provided for in this Policy for good reason.

XXIV.   Policy Compliance

Any person with a concern about the College’s handling of a particular matter should contact the Title IX Coordinator.

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, 1-800-421-3481.

XXV.     Modification

This policy may be amended by the President in consultation with the Board of Trustees.

Appendix A

RIGHTS IN CASES INVOLVING SEXUAL ASSAULT,

DOMESTIC/DATING VIOLENCE AND STALKING

Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:

A. emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:

(i) options to proceed, including the right to make a report to Campus Safety (reports to Campus Safety are reported to the Title IX Coordinator), Local Law Enforcement, and/or the New York State Police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College, as set out in the Le Moyne College Sexual Harassment and Sexual Misconduct Policy, which can be found at www.lemoyne.edu/studenthandbook.

(ii) where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;

(iii) that the criminal justice process utilizes different standards of proof and evidence than the College’s misconduct procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;

(iv) whether the person they are reporting to is authorized to offer confidentiality or privacy; and

(v) Any other reporting options.

B. If they are a student, to contact the College’s Wellness Center for Health and Wellness Center of Counseling, where they may be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services for reporting individuals; if they are not a student but are otherwise a member of the College community, to contact non-College confidential resources, including:

(i) Vera House 315-468-3260

(ii) St. Joseph’s Hospital Emergency Room 315-448-5101

(iii) Upstate University Hospital Emergency Room 315-464-5611

(iv) Crouse Hospital Emergency Room 315-470-7411

C. Disclose confidentially the incident and obtain services from the state or local government;

D. Disclose the incident to the College’s Responsible Administrators who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject the College’s Sexual Harassment and Sexual Misconduct Policy (which can be found at www.Lemoyne.edu/studenthandbook), and can assist in obtaining resources for reporting individuals;

E. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate College personnel for information and assistance.  Reports shall be investigated in accordance with College Policy.  A reporting individual’s identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality; private information can be shared to implement and fulfill the College’s obligations under the law and its Sexual Harassment and Sexual Misconduct Policy and related Procedures;

F. Disclose, if the respondent is a College employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources; and

G. Receive assistance from appropriate College representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies (e.g., Vera House), who can provide direct assistance with court proceedings.

H. Withdraw a complaint or involvement from the College processes at any time, with the understanding that in appropriate cases, the College may nonetheless be required to proceed even if the reporting individual does not wish to do so.

Information about available resources, including intervention, mental health counseling and medical services that might be available to anyone reporting an incident can be found at www.Lemoyne.edu/assaultresources.  In addition, information on sexually transmitted infections and sexual assault forensic examinations can be obtained from the Health Center, if a student, or from the Hospitals listed above, if an employee.  Certain resources are also available to victims of crimes through the New York State Office of Victim Services, www.ovs.ny.gov.



[1] Private body parts include:  genital area, anus, groin, buttocks or breast.  This definition includes contact over or under clothing. 

[2] Private body parts include:  genital area, anus, groin, buttocks or breast.  This definition includes contact over or under clothing. 

Mitchell Hall

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.

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.
Students outside Dablon Hall
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.
Harrison Hall
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.

Le Moyne College’s community standards and conduct procedures apply to students studying abroad including, but not limited to, short-term programs, semester-long experiences and/or year-long excursions).

Le Moyne Student Volunteers
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.
Taking notes
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.
Le Moyne Campus

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.