Student Rights and Responsibilities

Family Educational Rights and Privacy Act of 1974

The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, sets forth requirements designed to protect the privacy of parents and students. The statute governs the access to records maintained by educational institutions, and the release of such records.

The Family Educational Rights and Privacy Act permits current or former students to inspect and review their education records. Students are also accorded a right to a hearing in order to question the contents of their education records. Written consent from students may be required before personally identifiable information about them will be released from their education records, as provided by law.

Specifically, institutions are permitted to release directory information on students unless the students have notified the institution to withhold this information. Directory information is "public" information, which may be released without the student's consent to persons making inquiry. Personally identifiable information designated as directory information includes: the student's name; local address and local telephone number; cell phone number; University-assigned e-mail address; student's home address and home telephone number; parent's name, address and telephone number; class schedule; date and place of birth; major field of study; class standing; participation in officially recognized sports and activities; weight and height (athletes); electronic images (photographs); dates of attendance at University; degrees and awards received; and the most recent previous educational institution attended.

Inquiries or complaints may be filed with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, D.C. 20202-5901.

Copies of the State University of New York at Fredonia compliance policy and the Family Educational Rights and Privacy Act are available at the Office of Enrollment and Student Services.

Regulations Governing Student Conduct and Community Standards of Behavior

Pursuant to the Resolution of the Board of Trustees of the State University of New York, dated May 11, 1967, and Section 356 of the State Education Law, and after consultation with the President, representatives of the faculty, and students, the Council of the State University of New York at Fredonia established and promulgates the following regulations covering the conduct and behavior of students. The following rules and regulations were amended in December 2004 and May 2015. They were approved by the College Council and the University President in May 2015.

Attendance at Fredonia is a privilege afforded the student by the State of New York and not a legal right. The determination of a student's fitness to be admitted to the University and to continue as a student has been entrusted by the Board of Trustees of the State University to the President and their staff. The term "student" or "students" include all persons taking or auditing classes at Fredonia, both full-time and part-time, pursuing undergraduate, graduate, or professional studies; matriculated in any University program. Persons who are not officially enrolled for a particular term, but who have a continuing student relationship with the University are considered "students."

General Policy

Students seeking knowledge and understanding also need freedom to inquire, to exchange ideas through discussion, publication and public presentations. These opportunities are basic to education in and for a democratic society. To ensure these freedoms, the University requires a community free from violence, threats, and intimidation; protective of free inquiry; respectful of the rights of others; open to change; supportive of democratic and lawful procedures; and dedicated to the rational and orderly approach to the resolution of human problems. In exercising freedoms and in discharging the rights and obligations of citizenship, students must also recognize their responsibilities to other individuals, to the University, to the state and the nation, and to society in general. Orderly and dignified expression and conduct are encouraged.

In protection of these freedoms the University must establish certain standards of personal and group conduct. The University may apply sanctions or take other appropriate action when the conduct of individuals or groups on or off campus directly or significantly interferes with the freedom to teach and learn, the safety and health of persons in the community, the maintenance or protection of property, the provision of living accommodations and other services, and the sponsoring of non-classroom activities such as lectures, concerts, athletic events, and social functions.

Counseling, guidance, and rehabilitation are the preferred means for resolving behavior problems. Although disciplinary proceedings play a secondary role in resolving such problems, violation of the Standards of Behavior listed below may result in privilege restriction, suspension, or expulsion/dismissal.

In the legitimate interest of the University in protecting property and the safety and welfare of specific individuals or the general public, the University President or their designee may temporarily suspend an individual, change a student's residence hall location, or remove a student from the residence halls pending a decision by the Director of Student Conduct, the judicial board, or the administrative board.

Statement of Jurisdiction

The Standards of Behavior and University Policies apply to all undergraduate students, graduate students, and student organizations of Fredonia. The Standards of Behavior primarily prohibits misconduct on Fredonia property, but may address off-campus conduct when the behavior or the continued presence of the individual, in in the University's sole judgment, impairs, obstructs, or interferes with the mission, processes, or functions of Fredonia. Students should be aware that Fredonia reserves the right to review and take disciplinary actions based on conduct occurring off-campus and/or between academic periods.

A student's actions may violate civil or criminal laws as well as being deemed a violation of the University Standards of Behavior or University Policies. In such situations, that student may be held accountable by both civil authorities and face University sanction. The University may at its sole discretion, elect to pursue disciplinary action against a student even if criminal charges involving the same incident are pending, have been dismissed, or were reduced.

Students that elect to Study Abroad through the International Education Center will assume dual status as a Fredonia student and as a student of the host institution. Fredonia's Rights and Responsibilities are applicable while the student is studying abroad.

Students who witness serious violations of Fredonia policy, procedures, or Rights and Responsibilities that are potentially harmful to the safety and well-being of others may be charged with a violation or violations if they fail to remove themselves from such situations and/or report the incident to proper authorities.

Specific Standards of Behavior (Code of Conduct)

Listed below are the Specific Standards of Behavior (Code of Conduct). The Code of Conduct is broken into four sections: Personal Identification and Representation; Interference with the Health, Safety, or Rights of Other Persons; Care of University or Personal Property; and Demonstrations by Groups or Individuals. Alleged violation of any of the following may result in charges being filed against a student or organization.

1. Personal Identification and Representation

   Failure to act in accordance with these standards must be treated as a major failure to accept responsibility as a student and make one subject to separation from the community. Prohibited are:

   1. Furnishing false or incomplete information to University offices, officials, or judicial boards.
   2. Failing to appear before a University official or judicial board when directed to appear.
   3. Making, forging, printing, reproducing, copying, or altering any record, document, writing, or identification used or maintained by the University that results in injury, defrauding, or misrepresentation.
   4. Refusing to identify one's self when directed by an authorized University official. Students are expected to carry their FREDCard at all times.
   5. Transferring one's own FREDCard to another person for the purpose of that other individual obtaining University services or privileges.
   6. Attempting to obtain or obtaining a University privilege or service to which the student is not entitled.
   7. Providing erroneous information concerning a change in status concerning financial refunds or financial independence from parents or legal guardian.
   8. Failing to provide accurate information regarding one's local address, residency, or contact information.
2. Interference with the Health, Safety, or Rights of Other Persons

   All members of the University community share the responsibility for protecting and maintaining community health, safety, and the rights of other persons. Students are required to obey the statutes and laws of the Nation and the State, as well as the ordinances and laws of the village of Fredonia, city of Dunkirk, and the towns of Pomfret and Dunkirk. Conviction of a violation of such laws, statutes, or ordinances may be grounds for suspension or expulsion/dismissal. The following conduct is prohibited:

   1. Failing to comply with reasonable directions of University or town officials (this includes, but is not limited to, faculty, staff, Residence Director, Resident Assistant, security, safety, fire officials, or police officers carrying out properly assigned responsibilities).
   2. Failing to comply with the final decision of a judicial board or administrative action.
   3. Misusing safety equipment including but not limited to tampering with fire equipment, fire alarms, exit lights, refusal to obey a fire alarm, initiating a false fire alarm, submitting a bomb threat, activating emergency phones, sprinkler systems, or propping doors open.
   4.  
      1. Fighting and threats to, physical abuse of, harassment, assault, or any other action which threatens to or does endanger the health, safety, or welfare of a fellow student, a member of the University community, a campus guest, or community member.
      2. Engages in or threatens to engage in behavior which poses imminent danger of causing substantial harm to a fellow student, a member of the University Community, a campus guest, or community member.
      3. Obstructing or disrupting the teaching, administrative, or public service functions of the University.
      4. Obstructing or disrupting disciplinary proceedings or authorized University activities.
   5.  
      1. Engaging in any action or situation which endangers or causes substantial harm to the mental or physical health of a fellow student, a member of the University community, a campus guest, or community member.
      2. Creating a situation that results in severe or pervasive harassment of a fellow student, a member of the University community, a campus guest, or local community. This includes bullying and cyber-bullying.
      3. Engaging in any form of hazing, which endangers the mental or physical health or involves the forced consumption of alcohol or drugs for the purpose of initiation or affiliation with any club, team, or organization. This is more particularly described in the University Policy on Hazing.
   6. Participation in any form of non-consensual sexual intimacy and unwanted physical sexual conduct. This includes sexual violence, sexual harassment, and sexual discrimination and is more particularly described in the University Policy on Sexual Violence Prevention and Response.  
   7. Possessing firearms, explosives (including firecrackers), weapons, BB guns, paintball guns, potato guns, blow guns, knives (4 inches or longer or switchblade), bayonets, nunchucks, brass knuckles, and toy guns that look like real guns.
   8. Illegally using, possessing, selling, or distributing narcotics, stimulants, depressants, hallucinogens, marijuana or its derivatives, or drug paraphernalia. This is more particularly described in the University Policy on Drugs and Alcohol and the Residence Life Policy and Procedures.
   9. Illegally using alcohol, possessing alcohol, selling or distributing alcohol; distributing alcohol to minors. This is more particularly described in the University Policy on Drugs and Alcohol.
   10. Sponsoring or hosting a house party that violates state or local laws, ordinances, or jeopardizes the health and safety of students or others.
   11. Use of speakers or other sound amplifying equipment without approval as to the time and place from the Office of Enrollment and Student Services, Campus Life, and/or Residence Life.
   12.  
       1. Posting of posters, handbills, or notices without permission of the appropriate University official. The Office of Campus Life must approve all postings.
       2. Solicitation or vending of any kind is not permitted on campus or in residence halls, unless permission is given by the Office of Residence Life and/or the Office of Campus Life.
   13. Fredonia is a tobacco-free campus. Smoking is not permitted. This includes, but is not limited to; cigarettes, cigars, pipes, hookahs, e-cigarettes, etc.
   14. Ignoring reasonable standards of appropriate behavior, including disorderly conduct.
   15. Engaging in fraud, cheating, plagiarism, or collusion on any examination or on assigned work. This is more particularly described in the University Policy on Academic Integrity.
   16. Refusing to accept financial obligations incurred as a student enrolled at the University. The University is empowered to refuse to register, graduate, or release records of any student who is delinquent in their obligations to the University.
   17. Viewing, possessing, or distributing child pornography.
   18. Counterfeiting or violating copyright laws.
   19. Illegal or inappropriate use of Fredonia's network or computers. This is more particularly described in the Computer and Network Usage Policy.
   20. Engaging in unlawful gambling activities under conditions that are contrary to the provisions of state law or any applicable University policy.
   21. Violating a local, state, federal law, or local ordinance.
   22. Violating the University’s Policy on Bias Crimes/Incidents. This is more particularly described in the University’s Policy on Bias Crime Prevention.
   23. Violating the University’s Policy on Non-Discrimination. This is more particularly described in the University’s Policy on Non-Discrimination.
3. Care of University and Personal Property

   Maintaining and preserving University grounds, academic buildings, resident and dining facilities, and other associated structures is an obligation of all members of the University community. Similarly, maintaining and preserving personal property is also an obligation. Prohibited are:

   1.  
      1. Theft, unauthorized possession of, property belonging to the University, a member of the University community, a campus guest, or community member.
      2. Vandalism, destruction of, damage to, or inappropriate use of property belonging to the University, a member of the University community, a campus guest, or community member.
   2. Destruction, mutilation, and defacement of or tampering with books, magazines, library materials or equipment, or computer services or equipment.
   3. Unauthorized occupancy of or trespassing on University property or facilities, or that of a community member.
4. Demonstrations by Groups or Individuals

   The campus must be open to a free exchange of ideas and individuals and groups have protected Constitutional rights; therefore, all members of the community are encouraged to conduct dialogues with mutual respect and courtesy.

   Prohibited are:

   1. Denying to other students, officials, employees, or invited guests of the University lawful freedom of movement on the campus, lawful use of the property or facilities of the University, or the right of lawful entrance to and exit from any of the University's facilities.
   2. Impeding the staff or faculty of the University in the performance of their duties, or impeding any student of the University in the pursuit of their legitimate educational or social activities, through the use of restraint, coercion, or intimidation, or when force and violence are presented or threatened.
   3. Engaging in any intentional overt activity resulting in the obstruction to, disruption of, or interference with any of the legitimate missions, processes, procedures, or functions of the University.
   4. Refusing to vacate a building, street, sidewalk, driveway, or other facility of the University when directed to do so by an authorized official.
   5. Making unnecessary noise or causing noise to be made with objects and instruments, which disturb University functions or community living.

Rules and Regulations for Maintenance of Public Order on Campus

The materials below consist of regulations of the State University of New York Board of Trustees. However, it is not the Official Compilation of the Codes, Rules, and Regulations of the State of New York. Readers are advised to refer to the Official Compilation (8 NYCRR Part 535 et seq) in case of questions.

Part 535

1. Statement of Purpose. The following rules are adopted in compliance with Section 6450 of the Education Law and shall be filed with the Commissioner of Education and the Board of Regents on or before July 20, 1969, as required by that section. Said rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed with the Commissioner of Education and Board of Regents within 10 days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a higher educational institution. Similarly, experience has demonstrated that the traditional autonomy of the educational institution (and the accompanying institutional responsibility for the maintenance of order) is best suited to achieve these objectives. These rules shall not be construed to prevent or limit communication between and among faculty, students, and administration, or to relieve the institution of its special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom and they shall be interpreted and applied to that end.
2. Application of Rules. These rules shall apply to all state-operated institutions of the State University except as provided in Part 550 as applicable to the State University Maritime College. These rules may be supplemented by additional rules for the maintenance of public order heretofore or hereafter adopted for any individual institution, approved and adopted by the State University trustees and filed with the Commissioner of Education and Board of Regents, but only to the extent that such additional rules are not inconsistent herewith. The rules hereby adopted shall govern the conduct of students, faculty, and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the campus of any institution to which such rules are applicable and also upon or with respect to any other premises or property, under the control of such institution, used in its teaching, research, administrative, service, cultural, recreational, athletic, and other programs and activities; provided however, that charges against any student for violation of these rules upon the premises of any such institution other than the one at which they are in attendance shall be heard and determined at the institution in which they are enrolled as a student.
3. Prohibited conduct. No person, either singly or in concert with others, shall:
   1. willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which they have a lawful right to do or to do any act which they have a lawful right not to do;
   2. physically restrain or detain any other person, nor remove such person from any place where they are authorized to remain;
   3. willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization;
   4. without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
   5. enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
   6. without authorization, remain in any building or facility after it is normally closed;
   7. refuse to leave any building or facility after being required to do so by an authorized administrative officer;
   8. obstruct the free movement of persons and vehicles in any place to which these rules apply;
   9. deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express their views, including invited speakers;
   10. knowingly have in their possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person;
   11. willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; or
   12. take any action, create, or participate in the creation of, any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
4. Freedom of Speech and Assembly: Picketing and Demonstrations.
   1. No student, faculty, or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of their views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding section.
   2. In order to afford maximum protection to the participants and to the institutional community, each state-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for the giving of reasonable advance notice to such institution of any planned assembly, picketing, or demonstration upon the grounds of such institution, its proposed locale and intended purpose; provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing, or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.
5. Penalties. A person who shall violate any of the provisions of these rules (or of the rules of any individual institution) shall:
   1. If they are a licensee or invitee, have authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of their failure to do so they shall be subject to ejection.
   2. If they are a trespasser or visitor without specific license or invitation, be subject to ejection.
   3. If they are a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand, or warning.
   4. If they are a faculty member having a term or continuing appointment, be guilty of misconduct and be subject to dismissal or termination of their employment or such lesser disciplinary action as the facts may warrant including suspension without pay or censure.
   5. If they are a staff member in the classified service of the civil service, described in Section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
   6. If they are a staff member other than one described in subdivisions (d) and (e) of this section, be subject to dismissal, suspension without pay, or censure.
6. Procedure.
   1. The chief administrative officer or their designee shall inform any licensee or invitee who shall violate any provisions of these rules (or of the rules of any individual institution supplementing or implementing these rules) that their license or invitation is withdrawn and shall direct them to leave the campus or other property of the institution. In the event of their failure or refusal to do so such officer shall cause their ejection from such campus or property.
   2. In the case of any other violator, who is neither a student nor faculty or other staff member, the chief administrative officer or their designee shall inform them that they are not authorized to remain on the campus or other property of the institution and direct them to leave such premises. In the event of their failure or refusal to do so such officer shall cause their ejection from such campus or property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect their liability to prosecution for trespass or loitering as prescribed in the Penal Law.
   3. In the case of a student, charges for violation of any of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be presented and shall be heard and determined in the manner hereinafter provided in Section 535.9 of this Part.
   4. In the case of a faculty member having a continuing or term appointment, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined in accordance with Title D of Part 338 of the policies of the Board of Trustees.
   5. In the case of any staff member who holds a position in the classified civil service, described in Section 75 of the Civil Service Law, charges of misconduct in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be made, heard and determined as prescribed in that section.
   6. Any other faculty or staff member who shall violate any provision of these rules (or of the rules of any individual institution supplementing or implementing these rules) shall be dismissed, suspended, or censured by the appointing authority prescribed in the policies of the Board of Trustees.
7. Enforcement Program.
   1. The chief administrative officer shall be responsible for the enforcement of these rules (or of the rules of any individual institution supplementing or implementing these rules) and shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
   2. It is not intended by any provision herein to curtail the right of students, faculty, or staff to be heard upon any matter affecting them in their relations with the institution. In the case of any apparent violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) by such persons, which, in the judgment of the chief administrative officer or their designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules (or of the rules of any individual institution supplementing or implementing these rules).
   3. In any case where violation of these rules (or of the rules of any individual institution supplementing or implementing these rules) does not cease after such warning and in other cases of willful violation of such rules, the chief administrative officer or their designee shall cause the ejection of the violator from any premises which they occupy in such violation and shall initiate disciplinary action as hereinbefore provided.
   4. The chief administrative officer or their designee may apply to the public authorities for any aid which they deem necessary in causing the ejection of any violator of these rules (or of the rules of any individual institution supplementing or implementing these rules) and they may request the State University counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.
8. Communication . In matters of the sort to which these rules are addressed, full and prompt communication among all components of the institutional community, faculty, students, and administration, is highly desirable. To the extent that time and circumstances permit, such communication should precede the exercise of the authority, discretion, and responsibilities granted and imposed in these rules. To these ends each state-operated institution of the State University shall employ such procedures and means, formal and informal, as will promote such communication.
9. Notice, Hearing and Determination of Charges Against Students.*
   1. The term chief administrative officer, as used in these rules, shall be deemed to mean and include any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of the incumbent and for purposes of this section shall also include any designee appointed by said officer.
   2. Whenever a complaint is made to the chief administrative officer of any state-operated institution of the university of a violation by a student or students of the rules prescribed in this Part (or of any rules adopted by an individual institution supplementing or implementing such rules) or whenever they have knowledge that such a violation may have occurred, they shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing. If they are satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation, they shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation which shall state the provision prescribing the offense and shall specify the ultimate facts alleged to constitute such offense.
   3. Such charges shall be in writing and shall be served on the student or students named therein by delivering the same to theirs or them personally, if possible, or, if not, by mailing a copy of such charges by registered mail to such student or students at their or their usual place or places of abode while attending college and also to the students or their home address or addresses, if different.
   4. The notice of charges so served shall fix a date for hearing thereon not less than 10 nor more than 15 days from the date of service which shall be the date of mailing where necessary to effect service by mail. Failure to appear in response to the charges on the date fixed for hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate thereon. Before taking such action the hearing committee, hereinafter referred to, shall give notice to any student, who has failed to appear, in the manner prescribed in subdivision (c), of its proposed findings and recommendations to be submitted to the chief administrative officer and shall so submit such findings and recommendations 10 days thereafter unless the student has meanwhile shown good cause for his/her failure to appear, in which case a date for hearing shall be fixed.
   5. Upon demand at any time before or at the hearing, the student charged or their representative, duly designated, shall be furnished a copy of the statements taken by the chief administrative officer in relation to such charges and with the names of any other witnesses who will be produced at the hearing in support of the charges; provided, however, that this shall not preclude the testimony of witnesses who were unknown at the time of such demand.
   6. The chief administrative officer may, upon the service of charges, suspend the student named therein, from all or any part of the institution's premises or facilities, pending the hearing and determination thereof, whenever, in their judgment, the continued presence of such student would constitute a clear danger to them self or to the safety of persons or property on the premises of the institution or would pose an immediate threat of disruptive interference with the normal conduct of the institution's activities and functions; provided, however, that the chief administrative officer shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.
   7. There shall be constituted at each state-operated institution a hearing committee to hear charges against students of violation of the rules for maintenance of public order prescribed by or referred to in this Part. Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the chief administrative officer, and three students who shall be designated by the members named by the chief administrative officer. Each such member shall serve until a successor or replacement has been designated. No member of the committee shall serve in any case where they are a witness or have been directly involved in the events upon which the charges are based. In order to provide for cases where there may be such a disqualification and for cases of absence or disability, the chief administrative officer shall designate an alternate member of the administrative staff and an alternate member of the faculty, and their principal designees shall designate an alternate student member, to serve in such cases. Any five members of the committee may conduct hearings and make findings and recommendations as hereinafter provided. At any institution where the chief administrative officer determines that the number of hearings which will be required to be held is, or may be, so great that they cannot otherwise be disposed of with reasonable speed, the individual may determine that the hearing committee shall consist of six members of the administrative staff and six members of the faculty to be designated by the chief administrative officer and of six students who shall be designated by the members so designated by the chief administrative officer. In such event the chief administrative officer shall designate one of such members as chairperson who may divide the membership of the committee into three divisions each to consist of two members of the administrative staff, two faculty members, and two students and may assign charges among such divisions for hearing. Any four members of each such division may conduct hearings and make recommendations as hereinafter provided.
   8. The hearing committee shall not be bound by the technical rules of evidence but may hear or receive any testimony or evidence which is relevant and material to the issues presented by the charges and which will contribute to a full and fair consideration thereof and determination thereon. A student against whom the charges are made may appear by and with representatives of their choice. The student may confront and examine witnesses against them and may produce witnesses and documentary evidence on their own behalf. They may be present at the hearing: the student charged and their representatives and witnesses; other witnesses; representatives of the institutional administration; and, unless the student shall request a closed hearing, such other members of the institutional community or other persons, or both, as may be admitted by the hearing committee. A transcript of the proceedings shall be made.
   9. Within 20 days after the close of a hearing the hearing committee shall submit a report of its findings of fact and recommendations for disposition of the charges to the chief administrative officer, together with a transcript of the proceedings, and shall at the same time transmit a copy of its report to the student concerned or their representative. Within 10 days thereafter the chief administrative officer shall make their determination thereon. Final authority to dismiss the charges or to determine the guilt of those against whom they are made and to expel, suspend, or otherwise discipline them shall be vested in the chief administrative officer. If the student shall reject the findings of the hearing committee in whole or in part, the student shall make new findings which must be based on substantial evidence in the record and shall include them in the notice of their final determination which shall be served upon the student or students with respect to whom it is made.

   *Applies to charges for violation of the rules prescribed by or referred to in this Part heretofore served which have not been finally determined within 60 days after the adoption hereof, which charges shall be referred to the committee constituted pursuant to said Section 535.9 for determination in accordance therewith, and said section shall apply to all charges for violation of such rules hereafter made, whether for violations heretofore or hereafter committed.

10. Rules for Organizations.
    1. Organizations. Organizations which operate upon the campus of any state-operated institution or upon the property of any state-operated institution used for educational purposes shall be prohibited from authorizing the conduct described in subdivision (l) of section 535.3 of this Part.
    2. Procedure. The chief administrative officer at each state-operated institution shall be responsible for the enforcement of this section, and, as used herein, the term chief administrative officer shall include any designee appointed by said officer.
       1. Whenever the chief administrative officer has determined on the basis of a complaint or personal knowledge that there is reasonable ground to believe that there has been a violation of this section by any organization, the chief administrative officer shall prepare or cause to be prepared written charges against the organization which shall state the provision proscribing the conduct and shall specify the ultimate facts alleged to constitute such violation.
       2. Such written charges shall be served upon the principal officer of the organization by registered or certified mail, return receipt requested, to the organization's current address and shall be accompanied by a notice that the organization may respond in writing to the charges within 10 days of receipt of said notice. The notice of the charge so served shall include a statement that the failure to submit a response within 10 days shall be deemed to be an admission of the facts stated in such charges and shall warrant the imposition of the penalty described in subdivision (c) of this section. The response shall be submitted to the chief administrative officer and shall constitute the formal denial or affirmation of the ultimate facts alleged in the charge. The chief administrative officer may allow an extension of the 10-day response period.
       3. Upon written request, by an authorized representative of the organization, the chief administrative officer shall provide the representative organization an opportunity for a hearing. A hearing panel designated by the chief administrative officer shall hear or receive any testimony or evidence which is relevant and material to the issues presented by the charge and which will contribute to a full and fair consideration thereof and determination thereon. The organization's representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The hearing panel shall submit written findings of fact and recommendations for disposition of the charge to the chief administrative officer within 20 days after the close of the hearing.
       4. Final authority to dismiss the charges or to make a final determination shall be vested in the chief administrative officer. Notice of the decision shall be in writing; shall include the reasons supporting such decision; and shall be served on the principal officer of the organization by mail in the manner described in paragraph (2) of this subdivision within a reasonable time after such decision is made.
    3. Penalties. Any organization which authorizes the prohibited conduct described in subdivision (l) of Section 535.3 of this Part shall be subject to the rescission of permission to operate upon the campus or upon the property of the state-operated institution used for educational purposes. The penalty provided in this subdivision shall be in addition to any penalty which may be imposed pursuant to the Penal Law and any other provision of law or to any penalty to which an individual may be subject pursuant to this Part.
    4. Bylaws. Section 6450
       1. of the Education Law requires that the provisions of this Part which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be deemed to be part of the bylaws of all organizations which operate upon the campus of any state-operated institution used for educational purposes. The statute further requires that each such organization shall review these bylaws annually with individuals affiliated with the organization.
       2. Distribution. Copies of the provision of this Part which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in each state-operated institution.

University Policies

Listed below are policies the university has adopted to ensure the health, safety and well-being of the University community.

Acceptable Use Policy-Information Technology

I. Reason for Policy

Access to information technology is essential to the mission of the State University of New York at Fredonia ("Fredonia") in providing Fredonia students, faculty and staff with educational services of the highest quality. The pursuit and achievement of the SUNY mission of education, research, and public service require that the privilege of the use of computing systems and software, internal and external data networks, as well as access to the Internet, be made available to all those of the Fredonia community. The preservation of that privilege for the full community requires that each faculty member, staff member, student, and other authorized user comply with institutional and external standards for appropriate use, whether on campus or from remote locations.

II. Policy Statement

To assist and ensure compliance with internal and external acceptable usage standards, Fredonia establishes the following policy which supplements all applicable Federal and State policies, including harassment, patent and copyright, student and employee disciplinary policies, and FERPA, as well as applicable federal and state laws.

A. Scope

The following document outlines Fredonia's policy on Fredonia-provided access to electronic information, services, computing facilities, and networks.

All creation, processing, communication, distribution, storage, and disposal of information by any combination of Fredonia resources and non-Fredonia resources are covered by this policy.

Technology resources covered by this policy include, without limitation:

• All Fredonia owned, operated, leased or contracted computing, networking, information resources, whether they are individually controlled, shared, standalone or networked,
• All information maintained in any form and in any medium within the Fredonia's computer resources, and Fredonia data networks,
• All physical facilities, including all hardware, software, applications, databases, and storage media.

B. Definitions

Authentication Credentials

• Assigned UserID/Username and PIN/Password {changed by users) that, used in conjunction, authenticates users to privileged computing facilities and resources.

Computing Facilities

• All software applications, desktop and mobile computers, networks, and computer peripherals licensed, owned or operated by Fredonia.

e-Services

• Fredonia's terminology relating to electronic services such as e-mail, Learning Management System, and electronic library resources.

Internet

• All networks external to Fredonia.

Intranet

• All networks internal to Fredonia.

Managed

• Software and antivirus upgrades being controlled by a server and "pushed" to the desktop or laptop.

Un-managed

• a computing device that does not have anti-virus definitions or upgrades implemented automatically. The computer user installs all upgrades manually.

Users

• Individuals who make use of Fredonia technology resources. This includes students, faculty and staff, authorized guests, and all persons authorized for access or use privileges by Fredonia including volunteers for local non-profit agencies, scholars visiting from other State University of New York institutions, and the like.

C. Policy Statement

Users of Fredonia's computing resources must comply with federal and state laws, Fredonia rules and policies, and the terms of applicable contracts including software licenses while using Fredonia computing resources.

Users who engage in electronic communications with persons in other states or countries or on other systems or networks may also be subject to the laws of those jurisdictions and the rules and policies of those other systems and networks. Users with questions as to how the various laws, rules and resolutions may apply to a particular use of Fredonia's computing resources should contact the Chief Information Officer's office for more information.

Users are responsible for ascertaining what authorizations are necessary and such authorizations prior to using Fredonia computing resources. Users are responsible for any activity originating from their accounts which they can reasonably be expected to control.

Accounts and passwords may not, under any circumstances, be used by persons other than those to whom they have been assigned by the account administrator.

In cases when unauthorized use of accounts or resources is detected or suspected, the account owner should change the password and report the incident.

Although there is no set bandwidth, CPU time, or other limit applicable to all uses of Fredonia's computing resources, Fredonia may require users of those resources to limit or refrain from specific uses if, in the opinion of the system administrator, such use interferes with the efficient operations of the system.

Users are also expected to refrain from deliberately wasteful practices such as printing unnecessary large documents, performing endless unnecessary computations, or unnecessarily holding public computers for long periods of time when others are waiting for the same resources.

Users must not use computing resources to gain unauthorized access to remote computers or to impair or damage the operations of computers or networks, terminals or peripherals. This includes blocking communication lines, intercepting or sniffing communications, and running, installing or sharing virus programs. Deliberate attempts to circumvent data protection or other security measures are not allowed.

Network services and wiring may not be tampered with or extended beyond the area of their intended use. This applies to all network wiring, hardware and in-room jacks. Users shall not use the residential network to provide Internet access to anyone outside of the Fredonia community for any purpose other than those that are in direct support of the academic mission of Fredonia.

D. User Accounts

Use of Fredonia's computer systems and network requires that a user account be issued by Fredonia. Every computer user account issued by Fredonia is the responsibility of the person in whose name it is issued. Continued use of a previously assigned and previously enabled "@fredonia.edu" email account by an inactive or a transferred student is at the discretion of the Chief Information Office. Such accounts, if re-enabled will not be considered “theft-of-service”. Fredonia recognized clubs and student organizations may be issued a user account.

Faculty advisors shall designate a particular person{s) authorized to act on behalf of the club or organization. This person{s) is responsible for all activity on the account and will be subject to Fredonia's disciplinary procedures for misuse.

The following will be considered theft of services, and subject to penalties described below:

• Using a username without the explicit permission of the owner and of Information Technology Services;
• Allowing one's username to be used by another person;
• Using former system and access privileges after association with Fredonia has ended.

E. Resources

Fredonia's information technology resources are, by nature, finite. All members of the Fredonia community must recognize that certain uses of Fredonia's information technology resources may be limited for reasons related to the capacity or security of Fredonia's information technology systems, or as required for fulfilling Fredonia’s mission.

Users shall not use information technology resources to excess. Excessive use of information technology resources by a particular user, or for a particular activity, reduces the amount of resource available to satisfy the needs of other users. Excessive use may degrade or jeopardize system functionality, and can result in significant costs to Fredonia. Some examples of excess use may include writing a program or script or using an Internet bot to perform a repetitive task such as attempting to register for a class or purchasing concert tickets online.

Users shall limit incidental personal use. Incidental personal use is an accepted and appropriate benefit of being associated with Fredonia. Appropriate incidental personal use of technology resources does not result in any measurable cost to Fredonia, and benefits Fredonia by allowing personnel to avoid needless inconvenience.

Incidental personal use must adhere to all applicable Fredonia policies. Under no circumstances may incidental personal use involve violations of the law, interfere with the fulfillment of an employee's professional responsibilities, or adversely impact or conflict with activities supporting the mission of Fredonia. Examples of incidental personal use may include, sending a personal email or visiting a non-work-related web site.

F. Security & Privacy

Fredonia employs various measures to protect the security of its computing resources and its user's accounts. Users should be aware, however, that Fredonia cannot guarantee security and confidentiality. Users should therefore engage in "safe computing" practices by establishing appropriate access restrictions for their accounts, guarding their passwords and changing them regularly.

Users shall not intentionally view information of other users, modify or obtain copies of other users' files, access or attempt to access other users' email, or modify other users' passwords without their permission.

Fredonia computers and networks are designed to protect user personal privacy and as such, users shall not attempt to circumvent these protections. Users shall not develop or use procedures to alter or avoid the accounting and monitoring of the use of computing facilities. For example, users may not utilize facilities anonymously or by means of an alias, and may not send messages, mail, or print files that do not show the correct username of the user performing the operation. Users shall not circumvent or attempt to circumvent security mechanisms or the intent of a system.

Computers are Fredonia owned state assets, as such Fredonia retains the inherent right to access these resources either directly or indirectly through remote access tools and techniques at any time.

While Fredonia does not routinely monitor individual usage of its computing resources, the normal operation and maintenance of the Fredonia's computing resources may require the backup and caching of data and communications, the logging of activity, the monitoring of general usage patterns and other such activities that are necessary for the provision of service. Fredonia may also specifically monitor or inspect the activity and accounts of individual users of Fredonia's computing resources, including individual login sessions and the content of individual communications, without notice, when:

• The user has voluntarily made them accessible to the public, as by posting to a web page;
• It reasonably appears necessary to do so to protect the integrity, security, or functionality of Fredonia or other computing resources or to protect Fredonia from liability;
• There is reasonable cause to believe that the user has violated or is violating this policy or any other law or policy;
• An account appears to be engaged in unusual or unusually excessive activity;
• Accessing the account is otherwise required or permitted by law, including but not limited to freedom of information laws, laws governing the conduct of parties engaged in or anticipating litigation, and laws governing criminal investigations.

G. Laws and Fredonia Policies

Users must employ technology resources consistent with local, state and federal laws and Fredonia policies. Examples include but are not limited to:

• Users shall comply with all federal copyright law.
• Users shall not download, use or distribute illegally obtained media (e.g. software, music, movies).
• Users shall not upload, download, distribute or possess pornography unless written approval has been granted by the Vice President of Academic Affairs / Provost office to accommodate academic research. Research of this nature shall be conducted in an isolated environment approved by the Associate Vice President of Information Technology/Chief Information Officer.

H. Commercial Use

Computing resources are not to be used for personal commercial purposes or for personal financial or other gain.

Occasional personal use of Fredonia's computing resources for other purposes is permitted when it does not consume a significant amount of those resources, does not interfere with the performance of the user's job or other Fredonia assigned responsibilities, and is otherwise in compliance with this policy.

Further limits may be imposed upon personal use in accordance with normal supervisory procedures concerning the use of Fredonia's equipment.

I. Enforcement

Users who violate this policy may be denied access to Fredonia's computing resources and may be subject to other penalties and disciplinary action, including possible expulsion or dismissal. Alleged violations will be handled through Fredonia's disciplinary procedures consistent with the terms and conditions of the governing labor agreements (if applicable).

Fredonia may suspend, block or restrict access to an account, independent of such procedures, when it reasonably appears necessary to do so in order to protect the integrity, security, or functionality of Fredonia's or other computing resources or to protect Fredonia from liability.

Fredonia may also refer suspected violations of applicable law to appropriate law enforcement agencies.

When Information Technology Services becomes aware of a possible violation, Information Technology Services will initiate an investigation in conjunction with relevant campus offices including the President's Cabinet members, Human Resources, and University Police in accordance with collective bargaining rights for applicable unions. Users are expected to cooperate fully in such investigations when requested.

In order to prevent further unauthorized activity during the course of such an investigation, Information Technology Services may suspend authorization for use of all computing facilities for the user(s) involved in the violation.

XI. Related Documents, Forms, and Tools

Campus Policies

Information Security Program (PDF)

Information Management and Cyber Security Policy (PDF)

Federal Policies

Gramm-Leach-Bliley Act

FERPA (Family Educational Rights and Privact Act)

HIPPA (Health Insurance Portability and Accountability Act)

FISMA (Federal Information Security Management Act)

XII. Website Address for this Policy

http://home/fredonia.edu/its/acceptable-usage-policy

V. Authority for Policy

Authority for policies is the President's Cabinet.

Alcohol and Drug Policy

Alcohol and Drug Policy

The inappropriate use of alcohol and drugs can interfere with student development and seriously threaten the health and safety of the University community. Members of the University
community will be held accountable for their behavior while under the influence of alcohol and/or drugs, regardless of one’s age. Conduct related to the use of alcohol where the individual becomes a disruption to the community is prohibited, regardless of one’s age. Being intoxicated due to the level of consumption of alcohol or other drugs, where students have placed themselves or others in harm’s way, or are experiencing significant difficulty functioning physically, is not permitted, regardless of one’s age.

The Alcohol Policy states that no one under 21 years of age may consume or possess alcoholic beverages. Hosts are responsible for all of their guests, including those who are under 21 years of
age. Students who are over 21 may not consume alcohol in the presence of anyone under 21 other than their roommate. Individuals who are under the age of 21 may not be present where
alcohol is being served or consumed other than as set forth by the aforementioned regulation. In such cases, all underage students present will be charged with an alcohol or drug policy
violation. Fredonia prohibits the possession of alcohol related paraphernalia, regardless of age, including, but not limited to, empty alcohol containers used for decoration, the presence of “high-
risk drinking paraphernalia,” which includes beer pong tables, beer bongs or funnels, and all drinking games with or without alcohol, like water pong.

The Drug Policy states that all students should be aware that “Pursuant to the order of the Chancellor of SUNY, the illegal use of narcotics and/or dangerous drugs on campus is expressly
forbidden.” The State University of New York at Fredonia prohibits the possession of illegal drugs, drug paraphernalia including, but not limited to, pipes, hookahs, bongs, rollers, spoofs, water pipes, smokeless cigarettes/e-cigarettes, etc. Any student known or suspected to be in possession of, using or distributing drugs or drug related paraphernalia, or in the presence of any of the above, is subject to disciplinary action and criminal action under campus regulations, as well as state and federal law.

Drugs

The following are prohibited:
1. Using or possessing illegal drugs, controlled substances, or drug paraphernalia.
2. The sale or distribution of illegal drugs, controlled substances, or drug paraphernalia.
3. Being in the presence of any of the aforementioned.

Alcohol

The following are prohibited:
1. Using or possessing alcohol (persons under 21 years of age).
2. Distributing or selling alcohol to minors, on or off campus.
3. Misstating or misrepresenting age through the presentation of false documents.
4. Distributing or selling alcohol without a license.
5. Conduct related to the use of alcohol where the individual becomes a disruption to the
community is prohibited, regardless of one’s age.
6. Being in the presence of any of the aforementioned.

Students who are of legal purchase age or older may possess alcoholic beverages in quantities for personal use only in their private rooms, subject to all regulations that may be established by the Office of Residence Life.

These alcohol and drug related sanctioning guidelines focus on student development and early intervention for minor violations and first offenses and on a more disciplinary approach for major violations and repeat or multiple offenses.

Bias Crimes Prevention

Bias Crimes Prevention (see website for entire policy and procedures)

The State University of New York at Fredonia Police shall protect all members of the Fredonia community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their age, religion, ethnicity, gender, sexual orientation, or disability. Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including expulsion/dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, University Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as objectively perceptible acts of bigotry, harassment, or intimidation directed at a member or group within the Fredonia community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s Discrimination Complaint Procedure or the campus Code of Conduct. Bias incidents can be reported to University Police, the Office of Enrollment & Student Services, or the Office of Diversity, Equity, and Inclusion.

Students are encouraged to contact the Chief Diversity Officer to request consultation and counseling regarding a crime or incident, to report a crime or incident, to file a Charge of Discrimination form, or to share concerns about issues regarding the University. Other offices students may wish to contact are: Enrollment & Student Services, the Intercultural Center, University Police, the Counseling Center, Residence Life, and Student Conduct.

If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling (716) 673-3333 in an emergency, using a Blue Light or other campus emergency telephones, or stopping by the University Police Office located on the 2nd floor in Gregory Hall. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents are urged to contact the following offices for assistance:

University Police (716) 673-3333

Office of Enrollment & Student Services (716) 673-3271

Office of Student Conduct (716) 673-3271

Office of Diversity, Equity, and Inclusion/Affirmative Action/Title IX (716) 673-3358

Counseling Center (716) 673-3424

Intercultural Center (716) 673-3398

For general information on Fredonia security procedures, see the University Police Website at: https://students.fredonia.edu/upd or call (716) 673-3333. More information about bias-related and bias crimes, including up-to-date statistics on bias crimes is available from the Chief of University Police at (716) 673-3333 or the University Police Website.

Crime Statistics

A copy of the State University of New York at Fredonia campus crime statistics as reported annually to the U.S. Department of Education will be provided upon request by the Personal Safety and Campus Security Committee. Persons should direct all such requests to the Office of University Police at (716) 673-3333. Information can also be obtained from the U.S. Department of Education website at http://ope.ed.gov/security/ and the State University of New York at Fredonia University Police website at http://students.fredonia.edu/upd.

Complaints

A complaint of misconduct is usually written by a complainant and includes specific allegations or charges of misconduct. The complaint will be discussed with the complainant and the accused during separate interviews. If there appears to be grounds for disciplinary action, it will be addressed through the appropriate procedures. If the complaint is found to be unwarranted or if there is not enough evidence to proceed, the complainant will be so advised. The complaint, relevant evidence and related charges are shared with the accused so that the accused can prepare a defense in the event of a conduct hearing. Faculty, staff, students and community members are encouraged to report incidents of misconduct. Police reports and residence hall incident reports are also used to report violations of University conduct standards.

Zero Tolerance Policy

As part of a Zero Tolerance Policy, Fredonia will take disciplinary action for every alcohol and drug related violation on campus. Fredonia will also take disciplinary action for violations reported off-campus, provided these violations have a connection to the campus. This would include violations that endanger students or may cause harm to the campus community.

Parental Notification Policy

In October 1998, Congress passed the Higher Education Amendment which permits post-secondary institutions to disclose to parents or legal guardians of students under 21, without their consent, information regarding the student's violation of any federal, state, or local law, or any rule or policy of the institution governing the use or possession of alcohol or a controlled substance. The Office of Student Conduct normally informs parents or legal guardians of any alcohol or drug violation involving students under 21.

Universal Judicial System

The University Standards of Behavior and University Policies are intended to promote student development and ensure an atmosphere of learning necessary to the well being of all university community members on and off campus. Violation of University policy off campus may be subject to disciplinary action by the University judicial process. The Office of Enrollment and Student Services implements the standards and procedures of the Judicial Board.

Any member of the University community may bring a complaint (see Complaints section above) directly to the Office of Student Conduct. The complaint must be written and signed and dated. A review by the Office of Enrollment and Student Services will be initiated and if appropriate charges will be filed. Specific procedures will be followed if a case is referred to the Judicial Board.

If a student is charged with a violation of the rules and regulations, the following options exist: a student may choose an administrative hearing, a University judicial board hearing, or an administrative sanction hearing in which a student chooses to plead responsible to the charges and waives the right to a hearing. In such a case, the Office of Enrollment and Student Services will impose a sanction.

If a student, club, or organization fails to respond to the letter of charge(s) by the deadline by either pleading responsible or not responsible, Fredonia will assume a plea of not responsible. The case will be sent to an Administrative Hearing and the student, club, or organization will be notified of the hearing date and time at least one week in advance of the hearing. A hold will be placed on the student’s record pending the outcome of the hearing. A student hold restricts a student from registering for classes, dropping or adding classes, and obtaining an official transcript. The club or organization in question will have all privileges suspended pending the outcome of the hearing.

Administration Sanction Hearing

In an administrative sanction hearing, the Director of Student Conduct meets with the accused student to hear the case. This option is usually chosen if a student pleads responsible to the charges and accepts the appropriate sanction. This option requires that the student waive their right to another hearing and to the right to appeal.

Administrative Hearing

The Administrative Hearing body consists of three University faculty/staff. The administrative hearing board hears the case, weighs the evidence and testimony of witnesses, determines responsibility or non-responsibility of the accused, and makes a sanction recommendation. The accused student will be determined responsible or non-responsible by the preponderance of the evidence. Preponderance of evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur or that the fact or proposition is true.

Judicial Board Hearing

The University Judicial Board is comprised of a pool of at least 12 members. Approximately six students and six faculty/staff members are appointed for a term of one year. Members are appointed by the University President. From the pool of members, the Judicial Board that would hear a case is typically comprised of at least five members. The Judicial Board hears the case, weighs the evidence and testimony of witnesses, determines responsibility or non-responsibility of the accused and makes a sanction recommendation. The accused student will be determined responsible or not responsible by the preponderance of the evidence. Preponderance of evidence means evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur and/or that the accusations are true. To proceed with a hearing, a minimum of five Judicial Board members must be present. If less than five Judicial Board members are present, the accused student must agree in writing in order to proceed with the hearing.

Procedures for the University Judicial Board

Step 1: A charge for a violation may be placed against any student by any other student or by a member of the University community by giving written notice of the charge signed by the complainant to the Office of Student Conduct.

Step 2: The Office of Student Conduct shall give notice of the specific charge(s) against the student, in writing. The notice shall clearly indicate the offense with specific reference to the violated regulation and shall indicate the time and place of the initial meeting with the Director of Student Conduct. If the student/organization requests a hearing, a separate notice shall be presented to the accused at least five (5) days prior to the hearing. In extreme cases, the five-day notification period may be waived if deemed necessary.

A student may waive their right to a hearing in writing. In such cases, the Director of Student Conduct will consider the evidence and make a sanction decision (See Administrative Sanction Hearing). If the student does not waive their right to a hearing and does not appear for such a hearing, their case will be considered by the hearing body and a decision will be rendered in their absence.

Step 3: The Office of Student Conduct shall ensure that any student charged with violating University rules or regulations has, prior to appearing before the Judicial Board, been presented with a statement defining the composition and authority of the Judicial Board.

Step 4: The Judicial Board shall examine all relevant facts and circumstances presented at the hearing. A record of the hearing shall be kept to enable review and every reasonable attempt shall be made to keep the matter appropriately confidential. All hearings are tape recorded, however in the event of equipment failure a board member(s) will take notes to ensure accurate recording of the hearing. Fredonia will not be responsible for turning tape recorded records into written transcript form. Grounds for appeal will also not be considered due to equipment failure.

Step 5: At the hearing, the student shall have a full opportunity to explain the circumstances surrounding the incident and shall be able to present pertinent evidence and testimony of witnesses. In addition, the student shall have the opportunity to ask questions of any witnesses, respond to written statements submitted against them and to respond to questions. The Judicial Board shall also have the right to call witnesses and to review materials. The student shall have the right to be assisted by an advisor and or attorney of their choice. The advisor or attorney may not participate in the hearing.

Step 6: The student’s judicial history will be withheld from the board members until a finding of responsibility has been made. If a student is found responsible for violating University policy, judicial history will be shared with the board members prior to sanction deliberation.

Step 7: The student shall be notified in writing of the Judicial Board's final decision approximately 3-5 days following the hearing. The student shall have the right to appeal. An appeal will be considered if there is significant new information or material relevant to the case that was not presented during the hearing, or for a claimed violation of the student's due process rights. An appeal must be filed in writing within five (5) days of the hearing decision letter date.

Policies of the Judicial Board

1. The Judicial Board shall not discuss or review matters under consideration outside of the hearing. Failure of a Judicial Board member to uphold this provision renders such member subject to impeachment procedures by the Student Affairs Committee. Impeachment shall be by a two-thirds vote of that committee. Any violation of this section shall not affect the proceedings of the Judicial Board in a determination of the case.
2. No member of the Judicial Board shall be either a witness before the board or a person previously engaged in formulating the charge or in presenting materials relating to the case.
3. Judicial Board records shall be filed with the Office of Student Conduct and released only with the permission of the Judicial Board, the Director of Student Conduct or the alleged violator. Records shall be kept for seven years.
4. The Judicial Board may adopt bylaws not inconsistent with these rules and regulation upon the affirmative vote of not less than five members.
5. The Judicial Board pool shall be composed of at least twelve members. Approximately six students and six faculty/staff members are appointed for term of one year. Members are appointed by the University President.
6. In order to be eligible, a student must have attained sophomore status. All members of the Judicial Board must have been a member of the University community for at least one semester before taking office. No student may serve if they are on disciplinary probation at the time of the appointment. No member of the Judicial Board may be an executive (including class presidents) of the Student Association or a voting member of the University Senate.

Consensual Relationships (Faculty/Staff and Students)

MODEL SUNY Consensual Relationship Policy

 

I. Policy Statement: The State University of New York is committed to ensuring that our students, faculty, and staff can learn and work in an environment that is free from nepotism, harassment, exploitation, and conflicts of interest. SUNY is also committed to promoting fairness in grading, evaluation, and career opportunities. In order to achieve this, it is vital that all college personnel maintain professional boundaries with students, and with employees over whom there is or will be a supervisory relationship.

SUNY professional staff and other college personnel exercise power and authority over SUNY students and employees for whom they have current supervisory, instructional, or other professional responsibility, which creates a power imbalance. This makes consent within any romantic relationship between a supervisor and employee or between a professional staff or other college personnel and a student problematic and may impede the real or perceived freedom of the student or employee to terminate or alter the relationship. Further, it may cause individuals outside of that relationship to believe that they are treated in an unequal manner during such a relationship or after it terminates, or it may cause individuals to feel that entering such a relationship is necessary or assistive in attaining their academic or career goals. Such a relationship may damage the credibility or reputation of the student, employee, the department or unit, the campus and University as a whole and may expose individuals or the institution to legal action and liability.

In the academic context, romantic relationships that might be appropriate in other circumstances have inherent dangers when they occur between professional staff or other college personnel and students. Implicit in the idea of professionalism is the recognition by those in positions of authority that in their relationships with students and employees there is an element of power.

Because inherent power differentials exist, professional staff or other college personnel are prohibited from entering romantic relationships with students for whom such staff or personnel have current supervisory, instructional or other professional responsibility.

Consensual romantic relationships between professional staff or other college personnel and any students for whom such staff or personnel have no current supervisory, instructional or other professional responsibility are strongly discouraged. It is understood that any intimate activity between SUNY professional staff/other college personnel and another employee or a student/graduate student shall never take place while the SUNY professional staff/other college personnel is on duty or on campus. In regard to SUNY Police, such relations shall also never occur while the officer is in uniform.

In the case of pre-existing relationships, professional staff or other college personnel shall be required to recuse themselves from any evaluation of the student and from any activity or decision which may appear to reward, penalize, or otherwise affect the student or student employee and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the student or other members of the College community.

In the employment context, there is a presumption against romantic relationships between employees where there is a current supervisory or authority imbalance. In cases where there is or has been a consensual romantic relationship between two individuals employed by the college, it is important that any sphere of influence or authority by one such employee over another be removed. Where one person is in the direct line of supervision over the other, the supervisor must notify college administration so that alternative arrangements for supervision can be made.

Where neither individual is in the direct line of supervision over the other, but authority exists wherein one individual could impact any employment related decision regarding the other, such as participating in decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual, such person must either recuse themselves from the decision-making process or, in the alternative, notify college administration so that they can be removed from the decision-making process.

Non-consensual relationships are always prohibited and may implicate other policies or laws.

II. Definitions:

Department or Unit: an academic department or unit or a professional department or unit.

• Academic Department or Unit: Department or unit devoted to a particular academic discipline or operational area. 
• Professional Department or Unit: Department or unit devoted to providing professional services to students. This includes, but is not limited to, dining services, facilities services, student life/activities, financial aid, registrar, bursar, career services, library services, residential life, athletics, academic advisement, disability services, counseling services, health center, information technology, and safety, security and Police.

Other College Personnel: Any person with an employment relationship with the college that is not covered by the definition of professional staff. This would include all employees in the classified service pursuant to New York State Civil Service laws, rules and regulations as well as student and graduate student employees on the state payroll.

Professional Responsibility: For the purposes of this policy only, professional staff and other college personnel shall be deemed to have professional responsibility to an undergraduate student or graduate student when that person has a job related duty that can impact the student’s educational or professional career; specifically, where they have decision-making authority that may impact student learning, student life or student welfare, they have professional responsibility.

In addition, a University Police Officer shall be deemed to have a professional responsibility at any time that they are on duty, or when the member is directly involved in an ongoing investigation in which the student is a target, witness, person of interest or subject of an investigation, criminal matter, inquiry, or campus administrative action, or when the member is involved in an open case or action in which the student or other staff is either the plaintiff/complainant/defendant or potential plaintiff/complainant/defendant.

A health care professional working in a campus student health services/wellness center shall not commence a romantic relationship with a student for whom they are providing direct patient medical care. In addition, such health care provider shall not provide direct patient medical care to a student with whom they have had or are having a consensual romantic relationship (unless it is an emergency and no other health care provider is available on campus).

Professional Staff: All persons occupying positions designated by the Chancellor as being in the unclassified service. This includes academic employees, professional employees, and management/confidential employees. See Policies of the Board of Trustees, Article II, Definitions.

Romantic Relationship: An intimate, sexual and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term. Such a relationship exists in a marriage, a domestic partnership, or outside of marriage or domestic partnership between two persons who have a sexual union or who engage in a romantic partnering or courtship that may or may not have been consummated sexually.

Student: An individual who is either an undergraduate or graduate student.

• Undergraduate Student: An individual whose primary relationship to the campus is in their role as a matriculated or non-matriculated student in an Associate or Bachelor level program, including certificates and other traditional and non-traditional academic programs. This definition does not include employees who are taking a non-matriculated course that is not part of an academic program. Status begins at payment of deposit to enroll or equivalent and continues through completion of all academic requirements and 4 | Page graduation. This applies regardless of the age of the Undergraduate Student and age of the faculty or staff member.
• Graduate or Professional Student: An individual whose primary relationship to the campus is in their role as an enrolled or non-matriculated student in a Masters, Doctoral, post Bachelor Certificate or Professional level program. It also includes such individuals in the status of academically-required employment, such as residency, internship, practicum, fellowship and equivalent. Depending on employment status, this group of students may also be covered employees as professional staff or other college personnel.

Supervisory Relationship: A relationship in which an employee has the authority to make, recommend, or impact decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation, or changes in compensation or benefits for another individual.

III. Employee Applicability: This policy governs professional staff or other college personnel, whether employed fulltime, part-time, or in volunteer status, whether or not they receive monetary compensation. This policy does not apply to undergraduate or graduate student employees on the student assistant or college work study payroll; it does apply to graduate students with appointments as graduate assistants or teaching assistants. Conflicts of interest and limitations on supervisory relationships by student employees may be covered separately by the Code of Conduct or other policy.

IV. Policy:

A. Undergraduate Students: SUNY professional staff or other college personnel, are prohibited from entering romantic relationships with any undergraduate students for whom such staff or personnel have current supervisory, instructional, or other professional responsibility.

B. Graduate or Professional Students: SUNY professional staff or other college personnel are prohibited from entering romantic relationships with any graduate or professional student in their academic department or unit or over whom they have current supervisory, instructional or other professional responsibility.

C. Employees in a Supervisory Role: SUNY professional staff or other college personnel are prohibited from supervising any employee with whom they are currently engaged or in the past have been engaged in a romantic relationship. Professional staff or other college personnel who enter a romantic relationship with any employee for whom they provide direct line supervision must notify their direct supervisor or department/unit head, and Director of Human Resources or Employee Relations or designee. The employee’s supervisor or department/unit head, in concert with the Director of Human Resources or Employee Relations or designee, shall determine whether an alternative supervisory structure is possible and, if so, shall direct the employees to the alternative supervisory structure. The conclusion of the relationship (whether amicably or not), does not change the prohibition stated herein.

There is no prohibition or reporting requirement for SUNY professional staff or other college personnel who enter, are currently engaged in, or in the past have been engaged in romantic relationships with other faculty and staff where there is no direct line supervisory relationship. However, where a romantic relationship exists or has existed, professional staff or other college personnel shall recuse themselves from any personnel decisions regarding the other individual including hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual or, in the alternative, notify college administration so that they can removed from the decision-making process.

There are no prohibitions or reporting requirements for consensual social interactions between SUNY professional staff or other college personnel, regardless of supervisory relationships, that are not romantic in nature.

D. Pre-Existing Relationships: Relationships between professional staff or other college personnel and an undergraduate, graduate/professional student, or employee for whom the employee will have supervisory, instructional, or other professional responsibility that pre-date enrollment as a student, the existence of a supervisory, instructional or professional responsibility, or hire as staff are permissible provided that employee notifies their direct supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee. The supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee will work with the covered individuals to ensure that they are not in a direct supervisory or instructional relationship (and, if so, will develop a management plan for the employee), but there is no prohibition on maintaining the relationship. Individuals with hiring or admission authority may not be directly responsible for hiring or admitting an employee or student of any level, with whom they are currently engaged or have in the past been engaged in a romantic, intimate, and/or sexual relationship.

V. Reports and Investigation: While the primary reporting office for violations of this policy is the Office of Human Resources or Employee Relations, reports of violations of this policy may be brought to the campus Title IX Coordinator, the Director of Human Resources or Employee Relations or their designee, or the Office of the Provost.

Monitoring the status of alternative supervision is the responsibility of the Director of Human Resources or Employee Relations or designee. All documentation under this policy shall be maintained in the Office of Human Resources or Employee Relations.

Retaliation for making a report or participating in a process under this policy is prohibited. The University prohibits an individual from knowingly filing a false complaint or making misrepresentations of sexual misconduct. A complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct. If an investigation results in a finding that a person who has accused another of sexual misconduct has acted maliciously or has recklessly made false accusations, the reporting party will be subject to appropriate sanctions. It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

VI. Discipline: Violations of this policy may result in disciplinary charges up to and including termination. Any disciplinary action shall be taken pursuant to the applicable collective bargaining agreement.

Students with concerns in this matter are encouraged to contact the Office of Enrollment and Student Services, Sixth Floor, Maytum Hall, (716) 673-3271 or the Office of Academic Affairs, Eighth Floor, Maytum Hall, (716) 673-3335.

Hazing and Initiation or Affiliation with any Organization

The purpose of this policy is to specifically clarify those behaviors and activities which constitute violations of University regulations and New York State laws pertaining to hazing, and to provide guidance to student organizations in designing new member programs and activities, which serve to protect the human dignity and safety of all persons which will be permitted. This policy applies to all members of a student organization including alumni members. No organization may engage in any form of hazing. A student found responsible for hazing may receive a permanent transcript notation on his or her transcript. This is more particularly described in the Permanent Transcript Notation Policy.

Hazing is defined as engaging in any action or creating a situation intentionally or unintentionally designed to produce mental or physical discomfort, harassment, fatigue, intoxication or excessive ridicule in the course of another person's initiation into or affiliation with any organization. Such activities and situations may constitute hazing but are not limited to the following:

1. Disfiguration to include branding or self-mutilation
2. Paddling in any form
3. Creation of excessive fatigue
4. Physical and psychological shocks
5. Activities such as quests, treasure hunts, drinking games, scavenger hunts, road trips, etc. which are conducted in an illegal, demeaning, or dangerous manner
6. Public wearing of apparel which is conspicuous and not normally in good taste
7. Engaging in public stunts and buffoonery
8. Morally degrading or humiliating games and activities
9. Any activities which interfere with class attendance, class preparation or scholastic activities or activities which are disruptive to any university department or office or classroom
10. Verbal abuse which leads to public embarrassment or humiliation
11. Implication that an act of hazing could be pre-initiatory
12. Engaging in or encouraging excessive or illegal drinking or drug use
13. Any other activities that are not consistent with fraternal law, ritual or policy, or the policies and regulations of Fredonia

Fredonia reserves the right to revoke recognition of any student organization or club that is found to have violated these rules. Appropriate review of alleged violations may include review by the Vice President for Enrollment and Student Services and the Director of Student Conduct. Member organizations of Inter-Greek Council and Panhellenic Council may also be reviewed by their respective Judicial Boards. Revocation of recognition may not preclude the imposition of the University Judicial Board; but when considered by the Vice President for Student Affairs to be serious in nature, could result in immediate suspension of organizational recognition until such time as the allegations have been appropriately adjudicated.

Students are prohibited from pledging, joining, or accepting membership with a fraternity, sorority, or student organization which has been dismissed or expelled.

Given the University’s concern regarding the physical and/or mental health risk that expelled student organizations pose, individual students who join expelled student organizations can be charged with this regulation and receive a sanction that would expel/dismiss them from the University. Students who choose to rush, pledge, and/or join an expelled organization can be charged through the Code of Conduct and be expelled/dismissed from the University.

Investigation of Violent Felony Offenses/Missing Students

Chapter 22 of the Laws of 1999 of the State of New York establishes certain requirements for investigation of violent felonies and reporting of missing students on college/university campuses in New York State.

1. "Missing Student" means any student of the university subject to the provisions of Section 355(17) of the New York State Education Law, who resides in a facility owned or operated by the university and who is reported to the university as missing from his or her residence.
2. "Violent Felony Offense" means a violent felony offense as defined in Section 70.02(1) of the Penal Law of the State of New York.

Response and Investigation

1. Missing Student: When a report of a missing student is received by the university or the municipal police department, the receiving department will conduct a preliminary investigation in order to verify the complaint and to determine the circumstances which exist relating to the reported missing student. If the student's absence is verified, the incident will be reported and shared between departments. Both departments will continue the investigation to locate the missing student. If, after further investigation, the missing student is not located, both departments will determine the most efficient manner of continuing the investigation. In any event, information relating to any report of a missing student shall be shared by both parties no later than twelve (12) hours from the time of the initial report. If the missing student is located or returns to the university at any time after the matter has been reported, each party shall notify the other immediately.
2. Violent Felony Offenses: When any report of an on-campus violent felony offense is received by the university or when a report of a violent offense involving a university student is received by the municipal police department, the recipient shall notify the other police department as soon as possible. The police departments will carry out appropriate investigative procedures, will determine the most efficient manner of continuing the investigation and shall provide mutual assistance when requested.

Motor Vehicles Policies

All members of the University community (students, faculty, and staff) who park cars or other motor vehicles on campus between the hours of 7 a.m. and 5 p.m. must register their vehicle each semester within seven days after classes begin.

When a new or borrowed vehicle is brought on campus, University Police (716-673-3333) must be notified immediately in order to avoid unnecessary ticketing. Any vehicle obtained during the semester must be registered within 48 hours at the Office of Student Accounts.

Regulations Governing Motor Vehicle Use and Campus Parking Facilities is available online at http://students.fredonia.edu/upd/parkingregulations. Students, faculty, and staff shall comply with all traffic and parking regulations in all campus areas and shall comply with all published regulations or be subject to fines. Failure to comply can result in the loss of campus driving, parking and vehicle registration privileges.

Fredonia Non-Discrimination Statement

Pursuant to University policy, the University is committed to fostering a diverse community of outstanding faculty, staff, and students, as well as ensuring equal educational opportunity, employment, and access to services, programs, and activities, without regard to an individual’s race, color, national origin, religion, creed, age, disability, sex, gender identity, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Employees, students, applicants or other members of the University community (including but not limited to vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law, or treated adversely or retaliated against based upon a protected characteristic.

The University’s policy is in accordance with federal and state laws and regulations prohibiting unlawful discrimination and harassment. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law. These laws prohibit discrimination and harassment, including sexual harassment and sexual violence.

Inquiries regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to Dr. Bill Boerner, Chief Diversity Officer at william.boerner@fredonia.edu. Inquiries may also be directed to the United States Department of Education’s Office for Civil Rights, 32 Old Slip 26th Floor, New York, NY 10005-2500; Tel. (646) 428-3800; Email OCR.NewYork@ed.gov.

Other Types of Sanctions

If a student is found responsible for misconduct on or off-campus, the following sanctions may be imposed singly or in combination. The sanction(s) imposed will be commensurate with the offending conduct, and may take into account the student's educational record and any previous conduct record.

Verbal Warning – A verbal reprimand which expresses University dissatisfaction with the student's conduct and which clarifies expected behavior in the future. Such a warning is noted in the student's conduct file.

Disciplinary Warning - A written reprimand which expresses University dissatisfaction with the student's conduct and which clarifies expected behavior in the future.

Disciplinary Probation - Written notification that any further violations within the probationary period shall result in more severe disciplinary action. The probationary period will be for a specific period of time and/or until the completion of any specified requirements or conditions that are part of the probation.

Disciplinary Suspension in Abeyance - The student remains enrolled. However, any violation of conduct regulations during the period of suspension in abeyance will, after determination of guilt, result in a minimum sanction of automatic suspension.

Disciplinary Suspension - A decision that removes the student from the University for a specific period of time, usually no more than two years. The suspension might be immediate or begin after the end of the semester. In either case, the student is eligible for consideration for readmission at the end of the specified period. Students that are suspended will not be eligible for a refund. This includes tuition and the cost of on-campus housing. Typically, the sanction also includes the student being barred from the campus for the period of  suspension.

Disciplinary Expulsion/Dismissal - A decision that removes the student permanently from the University. Normally, the penalty shall also include the student being barred from the premises of the University.

Other Sanctions - Other sanctions may include a variety of restrictions and educational related activities. These include but are not limited to:

• academic or residential network access suspension or restriction
• prohibition from engaging in any extra-curricular activity
• prohibition from running or holding an office in any student group or organization
• prohibition from participation in sports-related activities
• restricting students from serving on any university committees
• limiting student employment
• removal from on-campus housing
• restriction from specific buildings or residence halls
• changing student room or residence hall assignment
• restriction from campus
• placing holds on records
• service charges or restitution
• required counseling
• required chemical use evaluation
• required community service
• required class attendance
• required Internet research
• writing a paper
• required apology

Permanent Transcript Notation (Hazing or Other Serious Violations)

Students that are found responsible and suspended or expelled/dismissed for serious violations of the Students Rights and Responsibilities may receive a permanent notation on their academic transcript. This includes but is not restricted to sexual assault, hazing, and conduct which lead to the death or serious physical injury to another person. Students found responsible for such violations may not receive credit for the semester in which they are suspended or expelled/dismissed. Also, the student will remain liable for all tuition and fees for that semester.

Personal Safety and Campus Security Committee

Pursuant to the N.Y.S. Education Law Article 129-A, section 6431, the Personal Safety and Campus Security Committee reviews current campus security policies and procedures and makes recommendations for their improvement. The committee specifically reviews current policies for:

1. Educating the campus community, including security personnel and those persons who advise or supervise students, about sexual assault.
2. Educating the campus community about personal safety and crime prevention.
3. Reporting sexual assaults and dealing with victims during investigations.
4. Referring complaints to appropriate authorities.
5. Counseling victims.
6. Responding to inquiries from persons concerned about campus safety.

The committee consists of a minimum of six members, at least half of whom shall be female. The committee consists of two students appointed by the Student Association, two faculty members appointed by the University Senate, and two individuals appointed by the University President.

The committee reports, in writing, to the University President or chief administrative officer on its findings and recommendations at least once each academic year, and such reports shall be available upon request.

For more information regarding the Personal Safety and Campus Security Committee, persons should contact the Chief of University Police at (716) 673-3333 or email university.police@fredonia.edu or the Office of Enrollment and Student Services at (716) 673-3271 or email student.affairs@fredonia.edu.

Policy Statement on Religious Absences

The Education Law of New York says, in part:

1. No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that they are unable, because of their religious beliefs, to attend classes or to participate in any examination, study, or work requirement on a particular day or days.
2. Any student in an institution of higher education who is unable, because of their religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.
3. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school, because of their religious beliefs, an equivalent opportunity to make up any examination, study, or work requirements which they may have missed because of such absence on any day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.
4. If registration, classes, examinations, study or work requirements are held on Friday after four o'clock post meridian or on Saturday, similar or makeup classes, examinations, study, or work requirements shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, registration, examinations, study, or work requirements held on other days.
5. In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of their availing themselves of the provisions of this section.
6. Any student, who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this section, shall be entitled to maintain an action or proceeding in the Supreme Court of the county in which such institution of higher education is located for the enforcement of their rights under this section. It shall be the responsibility of the administrative officials of each institution of higher education to give written notice to students of their rights under this section, informing them that each student who is absent from school, because of their religious beliefs, must be given an equivalent opportunity to register for classes or make up any examination, study or work requirements for which they may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to such student such equivalent opportunity.
7. As used in this section the term "institution of higher education" shall mean any institution of higher education, recognized and approved by the Regents of the University of the State of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. Such term shall not include any institution which is operated, supervised or controlled by a church or by a religious or denominational organization whose educational programs are principally designed for the purpose of training ministers or other religious functionaries or for the purpose of propagating religious doctrines. As used in this section, the term "religious belief" shall mean beliefs associated with any corporation organized and operated exclusively for religious purposes, which is not disqualified for tax exemption under Section 501 of the United States Code.

Policy on Sexual Assault

The Fredonia campus will not tolerate sexual assault in any form, including acquaintance rape. Where there is reasonable cause to believe that the University regulations prohibiting sexual assault have been violated, the campus will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or expulsion/dismissal from the University.

A student charged with an act of sexual violence can be prosecuted under New York State criminal statutes and disciplined under the campus code of student conduct. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action. A student may be charged under Section 2(f) of the Standards of Behavior.

In addressing cases of sexual assault, the State University of New York at Fredonia works to ensure fairness and to provide support for all persons involved. Students who have questions about the procedures and protections provided in these cases are encouraged to contact the Office of Enrollment and Student Services and/or University Police. Students are also encouraged to take advantage of the Student Counseling Center and Student Health Center for further assistance.

Definition of Consent

Fredonia recognizes the following definition of consent: Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases

The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Fredonia recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual violence incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Fredonia strongly encourages students to report incidents of sexual violence to campus officials. A bystander reporting in good faith or a victim/survivor reporting sexual violence to Fredonia officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence.

Campus Climate Assessment Policy

Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that analyzes prevalence and attitudes regarding sexual harassment, including sexual violence, and other related crimes. The survey will address at least the following:

• Student and employee knowledge about:
  • The Title IX Coordinator’s role; 
  • Campus policies and procedures addressing sexual assault; 
  • How and where to report sexual violence as a victim/survivor or witness; 
  • The availability of resources on and off-campus, such as counseling, health, academic assistance; 
  • The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off-campus during a set time period (for example, the last two years); 
  • Bystander attitudes and behavior; and 
  • Whether victims/survivors reported to the University and/or police, and reasons why they did or did not report. 

Beginning in the spring semester of 2015, the Chancellor or designee convened a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The Chancellor or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the SUNY community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by all SUNY State-operated and community colleges beginning in the 2015-2016 academic year. This policy may be changed by the Chancellor or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.

Sexual Violence Victim/Survivor Bill of Rights

The State University of New York and Fredonia are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off-campus, or while studying abroad:

The right to:

• Have disclosures of sexual violence treated seriously. 
• Make a decision about whether or not to disclose a crime or incident and participate in the conduct or criminal justice process free from outside pressures from University officials. 
• Be treated with dignity and to receive from University officials courteous, fair, and respectful health care and counseling services. 
• Be free from any suggestion that the victim/survivor is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such a crime. 
• Describe the incident to as few individuals as practicable and not to be required to unnecessarily repeat a description of the incident. 
• Be free from retaliation by the University, the accused, and/or their friends, family and acquaintances. 
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the University. 

Options in Brief:

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:

• Advocacy and Counseling
• CEASE, Counseling Center, LoGrasso Hall, (716) 673-3424
  • Campus, Education, Awareness, Support, and Effect (CEASE) is the violence prevention – victim services program at Fredonia. CEASE provides advocacy and referrals for Fredonia students that are survivors of sexual and interpersonal violence. We can answer questions, offer emotional support, and provide referrals for legal, medical, judicial, and counseling options.
• Counseling Center, LoGrasso Hall, (716) 673-3424
  • The Counseling Center can provide mental health services for survivors of sexual violence; services are free and confidential. For after-hours assistance from the Counseling Center, please contact University Police and ask for the counselor on-call. 
• The Anew Center of Jamestown (The Salvation Army), 1-800-252-8748
  • Provides a 24/7 helpline for survivors of sexual assault and relationship violence. The helpline can answer questions, provide referrals or send a victim advocate to meet with you.
• Medical Treatment and Evidence Collection
• Brooks Memorial Hospital can provide medical treatment to survivors of sexual assault. They can offer treatment for injuries, STD/STI testing and treatment, the morning after pill, and basic evidence collection (also known as 'rape kits'). Advocates from The Anew Center can be contacted to provide advocacy services. Survivors who have a sexual assault kit completed do not have to file a police report or press criminal charges.
  • Contact Information: 529 Central Avenue – Dunkirk, (716) 366-1111
• The Health Center can provide treatment for injuries, the morning after pill, and referrals to outside providers for additional services. The Health Center does not provide evidence collection services (also known as "rape kits"). They can provide you with transportation to Brooks Hospital to have evidence collected.
  • Contact Information: LoGrasso Hall, (716) 673-3131
• Chautauqua County Health Department - Reproductive Health Services Clinic can provide free and confidential STD/HIV testing and treatment and the morning after pill.
  • Contact Information: 319 Central Avenue – Dunkirk, (716) 363-3660
• FRED ASSIST - Sexual health clinic that offers services to all Fredonia students. Services include: pap smears, testing for chlamydia and gonorrhea (urine test for males & females), emergency contraception (at clinics only), and hormonal contraception. Please see FRED ASSIST for a complete price list for services. Clinical services are provided by a medical staff and student volunteers staff office hours to answer questions regarding sexual health and make appointments for the clinic. Services are confidential.
  • Contact Information: LoGrasso Hall (rear of building), (716) 673-3396 
• To confidentially or anonymously disclose a crime or violation, who by law can maintain confidentiality and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy http://students.fredonia.edu/sexualassault/)
• Anonymously online: http://students.fredonia.edu/upd/updsilent
• Confidential: Counseling Center, LoGrasso Hall, (716) 673-3424;
• Make a report to:
  • An employee with the authority to address complaints, including the Title IX Coordinator, Director of Student Conduct, or a Human Resources employee; 
  • University Police; 
  • Local law enforcement; and/or 
  • Family Court or Civil Court. 

Copies of this Bill of Rights shall be distributed annually to students, made available on every University’s website, and posted in each campus residence hall, dining hall, and student union or campus center and shall include links or information to access the Sexual Violence Response Policy below and the Options for Confidentially Disclosing Sexual Violence.

Sexual Violence Response Policy

In accordance with the Victim/Survivor Bill of Rights, victims/survivors shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

I- Reporting:

• To report confidentially the incident to one of the following University officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy www.fredonia.edu/sexualassault)
  • Anonymously online: http://students.fredonia.edu/upd/updsilent
• Counseling Center, LoGrasso Hall, (716) 673-3424;
  • To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906), and assistance can also be obtained through: 
    • SurvJustice: http://survjustice.org/our-services/civil-rights-complaints/; 
    • Legal Momentum: https://www.legalmomentum.org/; 
    • NYSCASA: http://nyscasa.org/; 
    • NYSCADV: http://www.nyscadv.org/; 
    • Pandora’s Project: http://www.pandys.org/lgbtsurvivors.html; 
    • GLBTQ Domestic Violence Project: http://www.glbtqdvp.org/; and 
    • RAINN: https://www.rainn.org/get-help. 
    • Safe Horizons: http://www.safehorizon.org/. (note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus. Victims/survivors are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases). 
• To report the incident to one of the following University officials who can offer privacy and can assist in obtaining resources (note that an official who can offer privacy may still be required by law and University policy to inform one or more University officials about the incident, including but not limited to the Title IX Coordinator): 
  • Title IX Coordinator; 
  • University Police;
  • Enrollment and Student Services;
  • Student Conduct;
  • Residence Life 
• To file a criminal complaint with University Police and/or with local law enforcement: 
  • University Police, 2nd Floor of Gregory Hall, (716) 673-3333
  • Fredonia Police Department, 9 Church St., Fredonia, NY, (716) 679-1531
• To file a report of sexual assault, domestic violence, dating violence, and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with University policy. If a victim/survivor wishes to keep their identity private, they may call the Title IX Coordinator anonymously to discuss the situation and available options: 
  • Title IX Coordinator, 143 Fenton Hall, (716) 673-3358
• When the accused is an employee, a victim/survivor may also report the incident to the Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the University, University officials will, at the request of the victim/survivor, assist in reporting to the appropriate office of the vendor or affiliated entity and, if the response of the vendor or affiliated entity is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and University policy. 
  • Human Resources Office, 511 Maytum Hall, (716) 673-3434
• You may withdraw your complaint or involvement from the University process at any time.

II- Resources:

• To obtain effective intervention services
  • Counseling Center, LoGrasso Hall, (716) 673-3424
• Student Health Center, LoGrasso Hall, (716) 673-3131. Sexual contact can transmit Sexually Transmitted Infections (STI) and may result in pregnancy. Testing for STIs and emergency contraception is available [provide contact information for one or multiple on or off-campus locations where students can obtain tests for STIs and describe whether such testing is free or at a cost].
  • Fred ASSIST, LoGrasso Hall, (716) 673-3396

Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital. While there should be no charge for a rape kit, there may be a charge for medical or counseling services off-campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: https://ovs.ny.gov/sites/default/files/brochure/ovs-rights-cv-booklet-5-17.doc, or by calling 1-800-247-8035. Options are explained here: https://www.ovs.ny.gov/help-crime-victims.

III- Protection and Accommodations:

• When the accused is a student, to have the University issue a “No Contact Order,” meaning that continuing to contact the protected individual is a violation of University policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. 
• To have assistance from University Police or other University officials in obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order. 
• To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a University official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s). 
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. 
• To have assistance from University Police in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of University Police or, if outside of the jurisdiction or to call on and assist local law enforcement in effecting an arrest for violating such an order. 
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. 
• When the accused is not a member of the University community, to have assistance from University Police or other University officials in obtaining a persona non grata letter, subject to legal requirements and University policy. 
• To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. While victims/survivors may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures: 
  • Title IX Office, 143 Fenton Hall, (716) 673-3358

IV- Student Conduct Process:

• To file student conduct charges against the accused. Conduct proceedings are governed by the procedures set forth in the University Student Handbook as well as federal and New York State law, including the due process provisions of the United States and New York State Constitutions. 
• Throughout conduct proceedings, the accused and the victim/survivor will have: 
• The same opportunity to have access to an advisor of their choice. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct; 
• The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, and other issues related to sexual assault, domestic violence, dating violence, and stalking. 
• The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process and is not conducted by individuals with a conflict of interest. 
• The right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend. 
• The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. 
• The right to review available evidence in the case file. 
• The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition. 
• The right to exclude prior sexual history or past mental health history from admittance in University disciplinary stage that determines responsibility. Past sexual violence findings may be admissible in the disciplinary stage that determines sanction. 
• The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present. 
• The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions. 
• The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the sanction(s). 
• The right to know the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding and the reason for the actual sanction imposed. For students found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal. 
  • Office of Student Conduct, Williams Center S212
• The right to choose whether to disclose or discuss the outcome of a conduct hearing.

Options for Confidentially Disclosing Sexual Violence

The State University of New York and Fredonia want you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.

Privileged and Confidential Resources:

Individuals who are confidential resources will not report crimes to law enforcement or University officials without your permission, except for extreme circumstances, such as a health and/or safety emergency. At Fredonia, this includes:

• Fredonia’s Counseling Center: LoGrasso Hall, (716) 673-3424 
• Fredonia’s Health Center: LoGrasso Hall, (716) 673-3131
• Substance Abuse and Violence Prevention Coordinator: LoGrasso Hall, (716) 673-3424

Off-campus options to disclose sexual violence confidentially include (note that these outside options do not provide any information to the campus):

• Off-campus counselors and advocates. Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency. 
• Stacey Tanner, Director of Human Services: The Salvation Army Rape Crisis Services P.O. Box 368, Jamestown, NY 14702, (716) 664-6567 Office, 800-252-8748 Toll-Free Hot Line (stacey.tanner@use.salvationarmy.org) 
• The Anew Center: 1-800-252-8748
• WCA Hospital: Center for Excellence, SAFE (Sexual Assault Forensic Examiner) Nurse, Emergency Department (716) 487-0141, http://www.sthcs.org/safe.html
• Off-campus healthcare providers

Note that medical office and insurance billing practices may reveal information to the insurance policyholder, including medication and/or examinations paid for or administered. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found here: http://www.ovs.ny.gov/files/ovs_rights_of_cv_booklet.pdf, or by calling 1-800-247-8035. Options are explained here: http://www.ovs.ny.gov/helpforcrimevictims.html. 

Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to themselves or others and the mandatory reporting of child abuse.

Non-Professional Counselors and Advocates:

Non-professional counselors and advocates can also assist you without sharing information that could identify you. At Fredonia, this includes the CEASE program of the Counseling Center, LoGrasso Hall, (716) 673-3424. The CEASE Coordinator will report the nature, date, time, and general location of an incident to Fredonia's Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.

Privacy versus Confidentiality:

Even Fredonia offices and 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 to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Fredonia will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Requesting Confidentiality: How Fredonia Will Weigh the Request and Respond:

If you disclose an incident to a Fredonia employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While victims/survivors may request accommodations through several University offices, the following office can serve as a primary point of contact to assist with these measures: The Office of Enrollment and Student Services, 6th floor of Maytum Hall (716) 673-3271. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed. We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the Fredonia’s failure to act may result in harm to you or other members of the Fredonia community. Honoring your request may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If we determine that an investigation is required, we will notify you and take immediate action as necessary to protect and assist you.

When you disclose an incident to someone who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality, Fredonia will consider many factors to determine whether to proceed despite that request. These factors include, but are not limited to:

• Whether the accused has a history of violent behavior or is a repeat offender; 
• Whether the incident represents escalation, such as a situation that previously involved sustained stalking, the increased risk that the accused will commit additional acts of violence; 
• Whether the accused used a weapon or force; 
• Whether the victim/survivor is a minor; and 
• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group. 

Public Awareness/Advocacy Events:

If you disclose a situation through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the University is not obligated to begin an investigation. Fredonia may use the information you provide to inform the need for additional education and prevention efforts.

Anonymous Disclosure:

Incidents can be reported anonymously to University Police through the Silent Witness online form: http://students.fredonia.edu/upd/updsilent.

New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906

Institutional Crime Reporting

Reports of certain crimes occurring in certain geographic locations will be included in the University Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the victim/survivor. Fredonia’s Title IX Coordinator can be reached at (716) 673-3358.

Fredonia is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the victim/survivor). A victim/survivor will never be identified in a timely warning.

The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parents’ prior year federal income tax return. Generally, Fredonia will not share information about a report of sexual violence with parents without the permission of the victim/survivor.

Sexual Discrimination and Sexual Harassment

Sexual Harassment Policy

SUNY Sexual Harassment Response and Prevention Policy Statement

Sexual harassment is a form of sex discrimination which is unlawful in the workplace under Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law.  Under Title IX of the Educational Amendments of 1972, sexual harassment also is prohibited in the provision of educational services and protects students and employees from sexual harassment.
 
Sexual harassment is prohibited and will not be tolerated at SUNY. The University has implemented measures to address and prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects.
    
Sexual harassment is a form of workplace discrimination and employee misconduct, as well as a form of discrimination in the academic setting, and all employees and students are entitled to work and learn in a campus environment that prevents sexual harassment. All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees and students can enforce this right by filing a complaint internally with the University, or with a government agency, or in court under federal or state anti-discrimination laws, as detailed in the University’s Discrimination and Sexual Harassment Complaint Procedure.
 
In accordance with applicable law, sexual harassment is generally described as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic benefit; or

• Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the person rejecting or submitting to the conduct; or
  The conduct has the purpose or effect of unreasonably interfering with an affected person’s work or academic performance, or creating an intimidating, hostile or offensive work or learning environment.
• Sexual harassment can include physical touching, verbal comments, non-verbal conduct such as leering or inappropriate written or electronic communications, or a combination of these things.  Examples of sexual harassment may include, but are not limited to:
• Seeking sexual favors or a sexual relationship in return for the promise of a favorable grade or academic opportunity;
• Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship; or
  Intentional and undesired physical contact, sexually explicit language or writing, lewd pictures or notes, and other forms of sexually offensive conduct by individuals in positions of authority, co-workers or student peers, that unreasonably interferes with the ability of a person to perform their employment or academic responsibilities.

• Physical acts of a sexual nature, such as;
  
  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person’s body;
  • Rape, sexual battery, molestation or attempts to commit these assaults.

• Unwanted sexual advances or propositions, such as:
  
  • Requests for sexual favors accompanied by implied or overt threats concerning a target’s job performance evaluation, a promotion or other job benefits or detriments, or an educational benefit or detriment;
  • Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile environment.
  
  • Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications, such as:
  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while in the workplace or classroom.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender, such as: 
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform his or her employment or academic duties;
  • Sabotaging an individual’s work;
  • Bullying, yelling, name-calling.

Such behavior can constitute sexual harassment regardless of the sex, gender, sexual orientation, self-identified or perceived sex, gender expression, status of being transgender, or gender identity of any of the persons involved. Sexual harassment is considered a form of employee and student misconduct which may lead to disciplinary action. Further, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Employees and students who believe they have been subjected to sexual harassment may use the University’s Discrimination and Sexual Harassment Complaint Procedure for more details on how to have their allegations reviewed, including a link to a complaint form.  
 
Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is unlawful, is strictly prohibited and may result in disciplinary action.  Retaliation is an adverse action taken against an individual as a result of complaining about or provides information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, discriminated against, or otherwise subject to adverse action because the individual reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Participants who experience retaliation should contact the campus AAO, and may file a complaint pursuant to these procedures.

SUNY campuses and System Administration shall take the necessary steps to ensure that this Sexual Harassment Response and Prevention Policy Statement is distributed, implemented, and enforced in accordance with their respective policies.

Reporting and Addressing Complaints:

Sexual discrimination, including sexual harassment should be promptly reported to the Title IX Coordinator at the Office of Diversity, Equity, and Inclusion, 143 Fenton Hall, (716) 673-3358. Any such information provided shall, to the extent possible, be handled in a manner to maintain the privacy of the reporting party(ies). Fredonia students and employees can choose to participate in a SUNY-wide grievance procedure to initiate investigation and potential resolution of a complaint. Detailed information regarding the process, including the complaint form is available on the discrimination complaint procedure website. Use of the internal grievance procedure does not deprive a complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United State Department of Education, and/or the Office of Federal Contract Compliance of the United States Department of Labor.

Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive, or persistent, or severe that a reasonable person, of similar background would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource. Should disciplinary action be implemented, or campus judiciary proceedings invoked, it shall be done consistent with the terms and conditions of the governing collective bargaining agreement or campus judicial policy.

An employee or student who participates in the discrimination complaint process, or reports an incident of discrimination due to harassment, has the right to do so without fear of retaliation. If retaliation were to occur, appropriate sanctions or disciplinary action consistent with the terms and conditions of the governing collective bargaining agreement or campus judicial policy shall be followed.

Support Services:

Office of Diversity, Equity, and Inclusion – (716) 673-3358 (includes Title IX Coordinator)

https://www.fredonia.edu/about/offices/diversity-equity-inclusion/title-ix

University Police – (716) 673-3333

Enrollment and Student Services – (716) 673-3271

Student Conduct – (716) 673-3271

Counseling Center – (716) 673-3424

Human Resources – (716) 673-3434

Statement Regarding Fredonia's Celebration of Diversity

The University welcomes the experience, talent, and surge of energy that comes from a culturally diverse campus. It has pledged to ensure that everyone is treated fairly, without degradation of any person’s race, religion, ethnicity, gender, affection orientation, physical/mental challenge, or any other characteristic not germane to a person's rights or human worth. The University specifically discourages fighting, threats, physical abuse, harassment, assault, or any other action which threatens to or does endanger the health, safety, or welfare of a fellow student and/or member of the University community.

The University also discourages engaging in any action or situation that which recklessly or intentionally dangers the mental or physical health of a member of the University community; creating a situation through severe and persuasive acts that results in the discomfort of, or harassment or excessive ridicule of a member of the University community. The University will also act to prohibit such conduct to the extent that it violates the Student Code of Conduct.

All members of the campus community are expected to live, learn, and work with a foundation of understanding and appreciation of differences. Faculty and staff, as mentors and educators, are expected to support this policy through personal interactions with students, classroom discussion, and careful selection of curricular materials and content.